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Prince Edward Island Sexual Assault Statue of Limitations Legislation Overview:
- Who: Prince Edward Island is set to usher in changes to its statute of limitations on sexual assaults and misconduct.
- Why: The changes to the law, which would allow class action lawsuits for sexual assaults, have passed their second reading and will be passed into law on royal assent.
- Where: The law, if passed, will affect sexual assault claims in Prince Edward Island.
Prince Edward Island could soon become the last Canadian province to abolish time limits on legal actions brought in relation to sexual assaults, opening the way for a host of new class action lawsuits.
On Oct. 22, the Prince Edward Island Class Proceedings Act passed its second reading, and will be passed into law once receiving royal assent, Saltwire reports.
The Act, if passed, would push changes to the province’s legal statute of limitations with respect to sexual assaults, battery and sexual misconduct.
Once adopted, class action lawsuits, previously barred in sexual assault cases, can be filed in Prince Edward Island courts. Previously, only representative actions could be accommodated, but class actions are more flexible for complex civil actions, Saltwire reports.
PEI Last To Abolish Time Limits on Sexual Assault Claims
Prince Edwards Island is the last Canadian province to make the changes to its statute of limitations on sexual crimes.
In June 2020, the Québec government ushered in historic Bill 55, abolishing previous time limitations for sexual assault.
The bill saw victims of abuse dating back decades finally able to make their voices heard in several abuse class action lawsuits.
Québec’s statute of limitations for abuse was three years until 2013, when the government raised the limit to 30 years.
Introduced on June 4 and unanimously passed on June 12, Bill 55 is mindful of the fact that older people can take decades to identify a childhood trauma, such as the countless Québec victims of sexual abuse by clergy.
The Bill offers older and younger victims a “free pass” to denounce their attacker and seek justice in court.
It also allowed victims of sexual assault, childhood violence and spousal abuse to sue their alleged assailant, no matter how long ago the assault occurred, CBC reported.
Prior to June 2020, Québec and Prince Edward Island were the only Canadian provinces with a statute of limitations on civil proceedings for such crimes.
Under the Criminal Code of Canada, there is no time limit on criminal charges for sexual assault.
What do you think of Prince Edwards Island’s move to join the rest of Canada in its statute of limitations for sexual crimes? Let us know in the comments.
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