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No Retaliation for Sexual Assault Reports

Full Title:
Sexual Assault Victim Whistleblower Protection Act

Summary#

This bill sets up a new way for victims of sexual assault to report wrongdoing and be protected when they speak up. It creates a province-wide code of conduct with clear rules for reporting, privacy, and follow-up. It also bans retaliation against victims who make a report and gives an independent office power to act if retaliation happens.

  • The Justice Minister must consult with victims’ groups, Victim Services, prosecutors (the Director of Public Prosecutions), and police to create a code of conduct.
  • The code will explain how a sexual assault victim can make a disclosure (report), how their identity will be protected, how information stays confidential, and how reports are investigated.
  • The code must include an online form and a mobile app so people can report digitally.
  • Retaliation (“reprisal”) against a victim who reports is banned, including discipline, demotion, firing, public shaming, or threats of these.
  • If wrongdoing is found after a disclosure, the Minister will recommend what went wrong and what corrections are needed.
  • Victims who believe they faced retaliation can complain to the Director of Public Prosecutions, who must investigate and can issue orders to address it.
  • The code of conduct is binding on all people who live in Nova Scotia.

What it means for you#

  • Victims and survivors

    • You would have clear, simple ways to report, including an online form and a phone app.
    • Your name and personal details must be protected, and your report kept confidential.
    • If someone punishes or shames you for reporting, you can complain to the Director of Public Prosecutions, who can investigate and order remedies.
    • The government must look into your disclosure and, if wrongdoing is found, recommend fixes.
  • Family and supporters

    • You should not pressure, shame, or punish a victim for reporting. Doing so could count as retaliation.
  • Employers, schools, landlords, and community organizations

    • The code of conduct would apply to everyone in the province. You would need to follow the rules for handling disclosures and protecting privacy.
    • You must not take any retaliatory action against a victim who reports, such as discipline, demotion, firing, or public shaming (including online posts meant to shame).
    • You may need to update policies, train staff, and set up safe ways to receive and respond to disclosures.
  • Police and justice officials

    • You will be consulted on the code and would be expected to follow it.
    • You will need to handle disclosures under the new process and protect victim confidentiality.
  • General public

    • Because the code applies to all residents, everyone has a role in not retaliating against victims who report and in respecting confidentiality.

Expenses#

No publicly available information.

Proponents' View#

  • Protecting identity and banning retaliation will make victims feel safer to come forward.
  • Easy digital tools (online form and app) lower barriers to reporting, including in rural areas.
  • A single, province-wide code sets clear, consistent rules for how disclosures are handled.
  • Independent investigation of retaliation by the Director of Public Prosecutions adds real consequences for those who punish victims.
  • Ministerial recommendations after findings of wrongdoing can drive concrete fixes in agencies, workplaces, or services.

Opponents' View#

  • Making the code “binding on all residents” is very broad and may be unclear; people may not know what is required of them.
  • Key terms like “wrongdoing” and “public shaming” are not defined in detail, which could cause confusion or overreach.
  • Giving the Director of Public Prosecutions the job of handling retaliation complaints may stretch that office beyond its usual role and strain resources.
  • Building and maintaining a secure online form and mobile app could be costly and raises privacy and data security concerns.
  • The bill leaves many details to a future code, so people cannot yet see how due process and fairness for everyone involved will work.
  • There may be overlap with existing workplace, human rights, or police complaint systems, which could create duplication or conflicts.