Cultural Stereotypes and the Justice System: The Canadian Case of R. v. Ewanchuk

Cultural biases and stereotypes against victims of sexual assault are widespread among the judiciary in Canada. The recent Supreme Court of Canada’s ruling in the case ofR. v. Ewanchuk confirms the fear that cultural stereotyping about sexual assault is deeply embedded in the justice system. This case, in which the Supreme Court overturned the lower court’s finding of the availability of the implied-consent defense on the part of the accused, underscores the need to dispel such myths. There is another peculiar feature of this ruling. A few justices in this ruling approvingly referred to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and remarked that the Canadian government should be committed to implementing this convention in the domestic legal system. Although this reliance on international law serves to reinforce efforts at eliminating sexual and cultural myths, women’s groups must be vigilant about the lingering rape myths held by many judges in different layers of the court system.