Survivors of intimate partner violence taking government of Canada to Supreme court in Charter challenge
Over 10,000 cases have been stayed with Jordan rule leaving offenders to walk free and victims to quake in fear
LOS ANGELES – Cait Alexander hopes that with enough public pressure and strong legal arguments, the Canadian government will recognize that victims of crime have rights that are just as important, and perhaps more so, than the rights of the accused.
Alexander, the charity End Violence Everywhere that she founded, and 21 other victims of intimate partner violence or sexual assault have brought a Charter of Rights and Freedoms challenge against the government of Canada.
The lawsuit argues that the Jordan rule infringes on victims’ rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms.
The Jordan rule is a 2016 Supreme Court of Canada decision that imposes time limits between when a person is charged and their trial. Those ceilings are 18 months for provincial offences and 30 months for federal offences.
When those time frames are exceeded, the courts must stay the charges and the accused goes free.
Alexander was born in Guelph, grew up in Centre Wellington and headed to Toronto after high school to become an actress.
Her boyfriend had a history of violence but one fateful night in 2021 he beat her with a rolling pin and left her for dead.
It appeared to be an open and shut case, with doctors outlining her injuries, and even the SWAT team that eventually broke down her door and saved her was willing to testify, Alexander said.
But when the case didn’t go to trial on time, her abuser was set free.
And Alexander has been trying to change the system ever since, so victims of intimate partner violence and sexual assault can get their day in court.
“I’m not alone in this,” Alexander said on a call from Los Angeles, where she now lives and works.
“Tens of thousands of cases have been stayed. This is not justice.”
The Charter case was filed in April 2025 with the Supreme Court of Canada in Ottawa and is to be heard in December.
It alleges that the federal government failed to adopt laws, policies and regulations that protect survivors’ Charter rights, specifically section 7 of the Charter, which guarantees the right to life, liberty and security of the person, and section 15, which guarantees the right to equal treatment and equal protection under the law without discrimination.
The Jordan rule essentially pits justice for the accused and their right to a speedy trial against justice for survivors, who do not enjoy liberty or security when their abusers walk free, Alexander said.
Alexander and the 21 other plaintiffs are seeking $22 million in damages – $1 million each.
“But it’s not even the money,” she added. “We need the policy to change. There are too many violent offenders walking among us.”
Alexander said they expect the government to make a motion to dismiss the case. And so her charitable organization End Violence Everywhere (EVE) has produced a series of videos in which survivors talk about their situation and how court delays have impacted their lives.
An estimated 30 per cent of intimate partner violence cases, and a growing share of sexual assault cases, are now stayed due to Jordan-related delays, while only a fraction result in conviction.
“We hope to garner support for our lawsuit and point out the failure of the justice system to deliver justice to survivors,” Alexander said.
She added EVE is working with one survivor whose abuser is free and continues to rape her.
“We’re terrified he’s going to kill her,” she said.
Alexander noted at least 10,000 accused have gone free since the Jordan rule came into play. So this Charter case “will have national impact,” she said, expressing disbelief that the government seems to side with accused violent offenders and not victims of crime.
“The federal government didn’t file a motion to dismiss our case. They filed a motion to dismiss us – every survivor who watched their abuser walk because a clock ran out before justice did its job,” she stated in an email.
“That is not a technicality. That’s a choice and that distinctive choice is putting all Canadians at serious risk.”
She continued: “On Dec. 9, we will make them answer for it, in front of the entire country.”
To learn more about the case or to view the videos, visit jordanchallenge.ca.
To learn more about the charitable organization, visit endviolenceeverywhere.org.
