women’s rights activist
Not only is Jade a singer but she’s also a women’s rights activist and sexual assault expert, fighting for change in the area of a better and more fair social justice and legal system for women who are victims of sexual assault and sexual harassment in Canada. Inspired by many women who came before her like; Gloria Allred, Meghan Markle, Blake Lively and Jennifer Lawrence, Jade aims to fight fearlessly for change.
Inspired by her own barriers when she tried to report her sexual assault to the police and bring forward a private prosecution, she knew she was not alone and that the heartbreaking reality was that thousands of women just like her, who are vulnerable, face
difficulty holding their perpetrators liable. As a result, throughout her career, she vows to make change in this area. After a while, it became less about her, and more about making change for thousands of other Canadian women.
A couple of years ago, she tried to press charges through the police. When they chose not to press charges after 9 months of no investigation, she opened a private prosecution. The Ontario Crown Attorney’s prevented her case from going through, claiming she had “credibility issues” despite the fact that she was very credible.
They blamed the fact that she had abandonment issues, as well as some unrelated false and minor harassment charges, which ended up being false charges. The real reason; however, was to protect the accountability of the Toronto Police who forgot about her case for many months and would be in scrutiny, if the Crown’s proceeded.
In Ontario, the Crown and the police hold the power as to whether or not to prosecute a crime. Sexual assault is one of the most violating offenses there is, which can leave women with long term emotional scars. The Crown has too much discretionary power, which can lead to abuse of process. Giving anyone too much discretion, is bound to lead to misuse and mistakes. A stay should never be an option. Charges should always be placed when there is evidence to support a violent crime, in which after the crown reviews the accused’s defense, then charges may be withdrawn, if the crown decides not to prosecute. Staying a prosecution without any evidence being heard is a fault in the system, as consistent testimony when on the stand, is the main test for credibility, according to the law.
Jade aims to change the law in these areas:
How credibility is assessed in vulnerable victims who have abandonment and complexities.
That the Court should be the gatekeeper not the crown until the Justice of the Peaces issue summons in a Private prosecution.
That a more fair judicial process hearing is in place, with less procedural discretion provided to the crown.
Allowing lie detector tests to be entered as evidence in the criminal and civil justice system. A victim may not be completely happy with the outcome, but should have the chance to present the evidence in a fair way to the court, with all evidence being heard, before the Crown and court makes it’s decision.
The Crown can choose to represent a victim in either a civil or criminal proceeding, which will help make the system work for more women. A wonderful story was written about that here: https://www.theglobeandmail.com/opinion/sexual-assault-and-the-courts-one-way-to-fix-a-broken-system/article14720321/
"The obvious solution is to let Crown Attorneys treat each sex assault case as either a civil suit or a criminal prosecution, or both, depending on circumstances including, most importantly, a victim's wishes.” - David Butt
Even if a woman is credible, if the man appears to be remotely credible too, it's enough reasonable doubt to not convict. Victims don't care if their perpetrator is convicted or just held civilly responsible. They just want some token redress. Proof beyond a reasonable doubt is likewise a hallowed concept, an essential safeguard against convicting innocent people. But it is such a high standard that a judge must acquit an accused person even if he probably committed the crime. In a civil matter a judge just has to believe the victim only 51%. So why not have our Crown Attorney's, who have all of the skills and resources to help get justice for victims, should be able to either prosecute criminally or represent a victim in a civil case for free since many victims cannot afford lawyers and fear representing themselves.
In July 2018, Jade was successful in holding her perpetrator accountable in civil court, where she represented herself and was awarded $105,000.
In October 2018, a full day hearing for Judicial Review was held for the Crown’s decision to stay her prosecution and it was a close call and a very good hearing as the judge seemed to agree with a lot of what Jade said, but it was dismissed. The Hon. Judge stated that it came down to not having an affidavit, sworn by Danny kayfetz to confirm conspiracy. A stay has never been overturned ever before in Canada, but the law states that it’s possible, it’s just a very high threshold because the crown is a huge entity. A lot of the time, judges are not ready to rule against these expert crowns especially in knowing them personally, as the judge in this case did.
Jade was seeking a mandamus, ordering the crown to follow their statutory duties by allowing her a fair hearing.
The Honourable judge believed her honestly in regards to other issues in her life, but made a comment that abandonment issues would be a slight credibility issue to seek a conviction in a trial and that Crown’s have a broad discretionary power in which should only be interfered with, if there is extremely overwhelming evidence of wrong doing. He further stated, that while he believes her honesty past charges and allegations, true or not, can cause an issue in a trial when trying to seek a conviction because the trial judge and jury has to be 100% sure. While when charges are withdrawn in real life, people believe the person is innocent, its difficult when there were so many issues and charges, when it comes to a trial seeking a criminal conviction for sexual assault, because its unlikely that a jury will 100% without a doubt be able to unanimously believe the person is credible. Jade still disputes this and claims that if evidence is shown to prove a persons credibility and honestly, even in her false charges, that its possible, and that crowns just have to be wiling to put in the work.
Further, the judge advised the Crown that interfering with other cases, and not engaging with evidence in a meaningful way, would meet the threshold of crown attorney impropriety, but that he required an affidavit from her lawyer Danny Kayfetz, to corroborate her claims of conspiracy, since her emails from Danny Kayfetz, which she included, and which confirmed harm, were unfortunately inadmissible. He needed Danny to confirm that the Detective did behave badly with neglecting her case and did make phone calls to him, which were inappropriate among that the Crowns were targeting the Crown in charge of Forgery not to withdraw the case, so that their decision to stay her sex assault charges, would not be under scrutiny. Jade has now gathered an affidavit from Danny.
Jade has gathered her new evidence for her appeal. Unfortunately, the Honourable judge was not completely prepared and failed to watch the public interest DVD’s where citizens were interviewed, showing that this was a major public interest matter, but it has been mentioned in the grounds for appeal.
In the hearing, the Crown was caught in a few inconsistencies and false information’s, which in Jade’s opinion were too overlooked by the Honourable judge. For one thing, the Crown stated that she was convicted of criminal harassment, despite that she was not, and was actually innocent, which shows that the crowns never did a thorough investigation. When the judge asked them for the evidence of a conviction, they could not provide one. In 2017, Jade plead guilty to harassment, through coercion of a negligent lawyer, though she was never convicted of the offense. Jade had done nothing wrong and Danny Kayfetz moved to strike the guilty plea. They think that if someone has previous difficulty letting go in a different relationship, that the woman would be seen as less credible; however, that’s not the case, since when she was sexually assaulted, she let go with no issue, meaning that she had the opposite reaction to that of a man who did not harm her.
Secondly, the third Crown on the matter; Richard Nathanson, swore that he was the crown in charge of her case from the start, but that he could not attend the initial hearing, which was why a different crown attended on his behalf - but that was not the case, since the first crown, Sean Doyle had sent Jade an email stating that he was the crown in charge of the case, in which he then transferred to a different second, female crown named Christine Jenkins.
Overall, Jade was happy with the hearing, as she’s not very touchy as to whether or not she wins or loses, but just wants to make change. Last minute, the hearing was moved from being heard in front of a panel of judges, to a single judge in the Superior court, who happened to know the head expert crown, so lawyers encouraged her to appeal, since things like this do happen. The crown also stated that her lawyer who attended the second hearing did not contest to the stay, but failed to realize that her lawyer had no jurisdiction, as the crown had the final say, not the justice of the peace or her lawyer.
This was her intro to the hearing:
“I am here today to seek Judicial Review of the Crown and their decision to stay my sexual assault charges against my perpetrator. I know it’s a high bar and I have reviewed the law, but I am hoping that by the end of today, you will be convinced that it would be in the best interest of justice to overturn this stay.
I am seeking a mandamus to order the Provincial Crown’s office to follow their statutory duties to allow me to bring forward my charges in a fair way, by allowing me to use the Private prosecution system for which it was intended, by allowing me to a fair pre-enquete hearing, allowing a Justice of the Peace to determine based on my testimony, whether or not to issue a summons, so that I may put forward my sexual assault so that my perpetrator can be held criminally responsible for his actions towards me.
Section (5) of the Crown Attorney’s Act, states that every prosecutor, before entering upon his or her duties, shall take and subscribe before a Crown Attorney, on the following oath;
I swear or affirm that I will truly and faithfully, according to the best of my ability, execute the duties, powers and trusts of provincial prosecutor for Ontario without favour or affection to any party; so help me God.
The Crown’s in my case have breached their declaration by only taking input from one more favorable side.
I am a credible witness and I had other credible witnesses and evidence which supported my testimony, but none of it was allowed to be heard, because Sean Doyle voiced his opinion about me on the day my witnesses and I were prepared to testify, based on irrelevant and inadmissible and even false fraudulent information provided to him by the Toronto Police.
Crown Attorneys are able to exercise broad discretionary power, unless it does contains oblique motive, offend the right to a fair trial, or amount to an abuse of court process. A crown attorney must act in good faith, be fair, impartial and act with the highest of ethical standards. Public prosecutions must be acted out with integrity and dignity.
A crown must also; adequately prepare each case, and not discriminate.
In the duty to be fair, the crown must not express personal opinions on the evidence, including the credibility of witnesses in court or in public. From the beginning, the Crown’s expressed a severe and harsh personal opinion my credibility, which severely hurt me, and caused significant breach to the public trust. My psychologists, lawyers, witnesses and much of the public stated their concern with the Crown’s opinions and conclusions, based on no evidence being heard, despite that it is an error in law to determine a person’s credibility, based on charges and issues which are irrelevant to the matter at hand. According to the law, the test for credibility in an adult victim, is a determination of consistent testimony regarding material facts related to the case.
Crowns are not to make inflammatory comments; such as negative comments regarding the character of a witness, or make statements not supported by fact.
The duty of the crown is not to convict, but to see that justice is done through a fair trial on the merits. A crown is to uphold the law, not subvert it. The original Crown Attorney, failed to do any investigation, further the following Crowns were more focused on finding other reasons to protect the first crowns actions, then to allow me a chance to showcase my credibility. The first crown did not speak to me, nor my lawyer. He did not hear from my witnesses and did not speak to the nurses or doctors at the hospital, where attended. He only spoke to the Detectives and members of police who were already protecting my perpetrator and had neglected my case for over almost 9 months and wanted to anything they could to stop it from going through.
Decisions must be made judiciously, not on a whim or as a favour, which lacks knowledge or evidence.
The Crowns have continuously stated that there was no reasonable prospect of a conviction, but there was a reasonable prospect. While there is no guarantee, the purpose of a criminal prosecution is not to obtain a conviction; it is to lay before a jury what the Crown considers to be credible evidence relevant to what is alleged to be a crime, evidence for which I had.
The role of prosecutor excludes any notion of winning or losing; his function is a matter of public duty than which in civil life there can be none charged with greater responsibility. It is to be efficiently performed with an ingrained sense of the dignity, the seriousness, and the justness of judicial proceedings. The Crowns were more concerned about the fact that they wanted an easy path to a conviction, or else they were not willing to allow me a fair chance.
They must do these duties absent of any political motive. The first crown was protecting police accountability, and the subsequent crowns kept protecting one another and hoping that I would just let it go, but it made me feel very bad about myself, and those around me also didn’t think it was fair, including other crowns, public, lawyers, and reputable people. People are charged each day, and charges are withdrawn or people are acquitted, so why shouldn’t a woman have a chance at justice, when that’s the worst that can happen. It was impossible that the crowns followed their duty to investigate, when after the first crown wanted to stay the proceeding, he adjourned it after my lawyer spent 15 minutes arguing, in which he allowed it to be adjourned. When the next crown took over, she stated that the crowns office would not be doing a thorough investigation. This means, they hadn’t done so, originally.
Prosecutors owe special duties of candour and respect to all victims. Prosecutors must display sensitivity, fairness and compassion in their dealings with victims. I received no compassion from the Crown’s but instead just cold responses. The first crown also seemed very judgmental towards me and was making me feel bad about myself at the initial hearing, taking down about my character and looking at me like he knew he would never let me have justice. He was smiling and whispering and smirking a lot and this hurt me because my perpetrator hurt me a lot and I didn’t know how this was funny, when I was hurting so much inside.
Prosecutors must ensure that efforts are made that victims are provided with all relevant information that allows for full and fair participation in criminal proceedings. Prosecutors also have an important role to play in identifying victims who may require assistance to fully access the criminal justice system, or to communicate their evidence to the court. I however, did not have any help from the prosecutors to communicate my evidence to the court. I was simply blocked.
The crowns further interfered on an ongoing basis with targeting, by pressuring other crowns not to withdraw my false charge, as well as arranging for me to be falsely charged on January 25th, so I could not attend the hearing with my lawyer. My lawyer arrived and was told by the Crown’s, that I was arrested, so could not attend the hearing. They already knew because they were told by the police.
Last week, the Crown ordered the police to falsely charge me for a letter I sent 3 months ago for a civil matter, so that I would miss this judicial review; however, my lawyer Danny Kayfetz attended the police station and showed my bail condition which states I can communicate freely regarding civil matters, along with the evidence, further informing her that there is an ongoing action against TPS, in which she should not involve herself in the false charges, in which the honourable Detective closed her file and decided not to proceed. (As it can be seen, false charges can be placed easily.)
Ever since the police forgot about my case, and I tried to do my private prosecution, the police and crowns have targeted me more than ever, with false charge for breach after breach, which have been maliciously conspired up, which Police have placed over and over. I have now been buried me in a mountain of false charges, where there is clear as day evidence of perjury and public mischief, to avoid liability for their own actions they are all facing.
If the crowns are concerned with my motive for coming forward, it’s nothing more than wanting justice. Vengeful would be wanting someone arrested over and over, and convicted for doing nothing wrong. I just wanted to be treated fairly in the hearings and by the crowns.
Today, I am going to walk you through my experience from reporting the sexual assault to the Police, to my experiences with the Private prosecution. I am also going to walk you through my charges and how I am innocent of each. I am going to walk you through their reasons for staying my prosecution, as well as get into their opinion my credibility and how they were wrong about it. I am going to show you in a detailed way how some other individuals, reputable professionals, crowns and police have showed a lack of credibility, and how even though I was the one who has been scrutinized, how it was all character assassination.
I am also going to walk you through the law and how it pertains to credibility in Ontario, and the duties of crown prosecutors. Lastly, I am going to walk you through how the decision of the crowns breach the public trust.” - Jade Naraine
Jade and those around her were proud of a job well done. Jade plans to take her case as far as she can, not for her, as she’s moved on from her own experience, but for change. Issues with Sexual Assault and Sexual Harassment and how more needs to be done by those in positions who are able to help, is a major public interest issue.
Sexual Assault and Sexual Harassment is very present in today’s society, and unfortunately, due to a lot of stereotypes, they are the crimes least prosecuted. Men take advantage of the fact that these incidents are usually he said/she said cases and done in private, which makes it that much more difficult for women to get justice. For the sociopath, it is a perfect crime, where charm and a good presentation can often allow them to get off Scott free. Anyone who is victimized by sexual assault or sexual harassment should collect as much evidence as they can, right away.
Jade plans to appear on many levels of appeal, and hopefully the Supreme Court of Justice. Jade also plans to petition for changes in the law, in Ottawa, Ontario.
Jade also plans to be an activist in the area of Animal welfare in her life as well, but for now, she wants to start with women.
“My heart bleeds for abandoned women. I have been there before. It’s unlikely that women from good homes will be in many vulnerable situations with men, nor will they fall into many harmful men in their lifetime. The fact that women with complexities, abandonment or other issues in their life are seen as less credible, is a hole, since the fact is also that the majority of women who fall victims of violent sexual crimes, would be abandoned women.
I just want to use any platform I can to continue to talk about these issues. Only by talking about them and making noise, can our voices be heard and change be made. Right now, my biggest advice for women who are abandoned or do have many issues in their life, letting go of previous boyfriends or relationships, would be a civil matter, to hold their perpetrators accountable.
The criminal court system may distort your character by believing that you are coming forward for the wrong reasons. In civil court, you are awarded on a balance of probabilities; whereas, in a criminal court system, a judge and jury needs to be certain, and if there is reasonable doubt, there is no conviction. Civil justice will also help you to restart your life as well, where as a conviction will only harm your perpetrator.
My next piece of advice for abandoned women is to love yourself, and heal. One day you will wake up and realize why you were in all kinds of vulnerable situations with men. It may be painful and it may stick with you for a long time, but you can decide now, to turn your life around, and attract the right kinds of men into your life.
Lastly, I cannot stress enough how important the role of parenting is in young girls lives. Women especially need emotionally and physically available stable fathers, to grow up emotionally healthy, with high self esteem, as to attract the right kinds of romantic partners. A father’s absence will result in many failed relationships and a cycle of being used and abused by men, until she learns.”
**Please note that if you are a victim of sexual assault or sexual harassment and you need advice as to how to go about justice in the criminal or justice system, you can reach Jade directly for advice, through the contact section of her website.
In navigating the criminal and civil justice system herself, she has become familiar with different processes and wishes to use her skills and knowledge to help other women who are having trouble finding their way. While she cannot respond to every email, she will try her best to provide you with as much advice as possible.**
“The cold never bothered me anyway.” - Please remember this and keep fighting for justice, no matter how scary, uncomfortable or difficult it may be. You will feel way better in the end. Never take no for an answer.