MONTREAL -- Quebec Solidaire MNA Christine Labrie is taking Justice Minister Sonia Lebel to task on a promise her government made to abolish the statute of limitations when it comes to pursuing alleged suspects of sexual assault in civil court.

“During the 2018 election campaign, the Coalition Avenir Quebec (CAQ) said it would make abolishing the limitation period a priority,” said Labrie, second opposition critic for the status of women. “More than a year has passed and the government has not yet moved on this file.”

Last June, Labrie introduced Bill 396, ‘An act to amend the Civil Code to provide that an action for damages for bodily injury resulting from a sexual aggression, from childhood violence or from the violent behaviour of a spouse or former spouse cannot be prescribed during the lifetime of the author of the act.’

In it, she lobbies to allow victims whose cases were dismissed to potentially reopen their suits once an amendment is passed, adding that she is willing to work with the justice minister to improve the file.

"This bill must not only be introduced, but also adopted in 2020,” she argued. “We must act quickly to allow victims to access justice.”

What are the current rules?

According to Éducaloi, an alleged sexual assault can be pursued in both civil and criminal court.

The time that someone can pursue legal action in civil court sits at 30 years, starting from the time they understand that they were a victim of assault.

“Sexual assault is very traumatic for victims,” the charity explained. “It may take many years before they recognize the link between the assault and the harm they’ve suffered. Often, victims recognize the link only after therapy.”

In civil court, a person can pursue an alleged aggressor for compensation or physical and psychological harm.

In criminal cases, there is no statute of limitations as it is of federal responsibility. In these cases, a Crown prosecutor will take on the file and take the accused to court.

In Canada, at least 11 provinces and territories have already abolished their limitations.

“I do not understand why we tolerate that victims in Quebec have fewer rights than in other provinces. Victims of sexual assault have been mobilizing for over ten years,” Labrie insisted. “It is high time that the government change the law to allow victims of the past to regain their confidence in our justice system.”

Quebec’s code was last modified in 2013 when the Parti Québécois (PQ) government raised the limit from three years to 30.