Ontario is moving to abolish the limitation period for civil claims based on sexual assault and, in certain cases, non-sexual assault.
Tracy MacCharles, the Minister Responsible for Women’s Issues, introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) for first reading on October 27, 2015. It was accepted for further debate.
The act would repeal all existing provisions in the Limitations Act relating to sexual assault (primarily section 10), and add the following to section 16, which lists proceedings that have no limitation period:
Clause 16 (1) (h) of the Act is repealed and the following substituted:
(h) a proceeding based on a sexual assault;
(h.1) a proceeding based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and a person who committed, contributed to, consented to or acquiesced in the misconduct:
(i) the other person had charge of the person with the claim,
(ii) the other person was in a position of trust or authority in relation to the person with the claim,
(iii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;
(h.2) a proceeding based on an assault if, at the time of the assault, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and a person who committed, contributed to, consented to or acquiesced in the assault:
(i) they had an intimate relationship,
(ii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;
What’s most interesting, at least at this preliminary stage, is section 16(1)(h)(2). The category of people in an intimate relationship that involves financial, emotional, physical, or other dependence is very broad. Unless “dependence” is given a narrow meaning, it’s a category that could in theory include every romantic relationship.
You can follow the bill’s progress here.