women’s rights activist and soon to be women’s rights lawyer
Not only is Jade a Country singer but she’s also a women’s rights activist and soon to be women’s rights lawyer, fighting for change in the area of a better and more fair justice and legal system for women who are victims of sexual assault and sexual harassment in Canada.
Inspired by many powerful figures in women’s rights like; Gloria Allred, Jade aims to fight fearlessly for change. With years of experience representing herself in successful actions, where Hon. Justice A. O’Marra, told her during a hearing for her own sexual assault case, that she should consider becoming a lawyer, Jade is currently enrolled in Lakehead Universities 2 year pre-law program in political science and women’s studies, followed a 3 year Juris Doctor of law school program at Lakehead, where she will not need to article and will be ready to be called to bar and start her own independent practice right away!
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, face difficulty holding their perpetrators liable.
There are hardly any women's rights lawyers in Canada and after everything she had been through, she could not imagine other kind-hearted women going through the same. Not every woman is as strong as she is and sometimes just a judge accepting something and providing a judgment can help lift an abused woman's spirit and self esteem, but many women don't have the financial resources to hire a lawyer or strength to represent themselves.
After her story became public, she received many emails from women, who stated to have been sexually assaulted, where police did not charge the man and that they would be too afraid to represent themselves. Some women even stated that they didn't go to police because they feared they would not be believed just like Jade wasn't. As a result, Jade says she will take all her cases on a contingency or probono basis.
After a while, it became less about her, and more about making change for thousands of other Canadian women. Jade has made it her duty to fight for women’s rights when it comes to getting civil justice for sexual assault, sexual harassment and women accused with defamation against men.
Like Gloria Allred’s winning case where she had a mans defamation claim dismissed, because the judge stated that women should be able to write about their dishonest partners on the internet, without having to worry about a law suit, Jade plans to do what she can to reinstate women’s rights here in Canada. In Canada, women risk being criminally charged for posting their stories online. Even though it’s not a criminal offense, Police officers often mistake it with criminal harassment. With the #metoo movement, women have been encouraged to speak out and write about their perpetrators. There is even a #metoo database to insert your perpetrator’s name.
In 2017, Jade 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, without any evidence being heard, claiming she had “credibility issues” despite the fact that she was very credible. Due to the perpetrator’s occupation, he had close friends on the police force, and inappropriate emails were exchanged between her perpetrator and the officer in charge of her case, so her case was ultimately swept under the rug, after which, they advised the Crown to stay the charges without any evidence being heard.
They blamed the fact that she had been falsely accused of forgery, and a minor harassment charge previously.
Although she was never convicted; in 2017, she plead guilty to criminal harassment after sending a prior boyfriend 13 non threatening texts, asking for an explanation after he blocked her on his phone. Her new lawyer; Daniel Kayfetz, had to move to set aside the guilty plea, on the grounds of ineffectiveness of counsel, citing that the complainant gave her consent to text and that she was charged almost 25 days later, after doing nothing wrong. Transcripts from that hearing stated that the court was struggling to accept the plea, citing; "Anyone can send 13 texts and it wouldn't be criminal harassment. She was found not guilty.
After she reported her sexual assault to police, her perpetrator went to police to report her for forgery, claiming she signed his signature on the reference letter. After forensic examinations, the court certified expert concluded that the hands of Jade did not sign the letter, and in fact concluded distinct similarities between the complainant's writing and the letter in question. Her perpetrator had a history with the law and wanted to avoid being a reference for her once he found out it was for a criminal case, in case his criminal past was to come out. She was found not guilty. It should be noted that other witnesses including other women who have been abused have come forward to state that her perpetrator is very calculate and will call the police first, even after an assault, such as pushing a woman down the stairs, in order to ensure he covers his tracks so that if the woman reports it, the allegation goes nowhere. A judge recently told another woman that she is not to accuse him of pushing her down the stairs any longer, since the police report shows that he called first, claiming it was a slip and fall.
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 a lot of discretionary power, which can lead to abuse of process or error. Giving anyone too much discretion, is bound to lead to misuse and mistakes.
When citizens were asked for an opinion, here is what they said:
“A stay should never be an option. Charges should always be placed when there is credible evidence to support a violent crime probably occurred, 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 an abuse of process on behalf of the crown, as consistent testimony when on the stand, is the main test for credibility in an adult witness, according to the law. Credibility of a victim is not to be assessed at that early stage either, that all comes later. A victim may not be completely happy with the outcome, but the justice system promises all citizens that they will be treated fairly, and have day in court, chance to present the evidence in a fair way to the court, with all evidence being heard, before a decision is made by the crown.” - Jade Naraine
Generally, allegations of criminal activity are reported to the police. After the police investigate, they may lay criminal charges. However, anyone who has reasonable grounds to believe that a person has committed an offence may lay an information in writing and under oath before a Justice of the Peace.
When the information is presented to the court by a private citizen, it is then referred to either a provincial court judge or a designated justice of the peace, who holds a special hearing. The purpose of the hearing is to determine whether a summons or warrant should be issued to compel the person to attend court and answer to the charge.
This hearing, held under s. 507.1 of the Criminal Code, takes place in private, without notice to the accused person. At the hearing, the judge or justice of the peace must hear and consider all of the allegations and available evidence.
The Crown must also receive a copy of the information, get notice of the hearing, and have an opportunity to attend. The Crown may attend at the hearing without being deemed to intervene in the proceedings.
If the judge or justice of the peace decides not to issue a summons or a warrant, then the information is deemed never to have been laid.
If the judge or justice of the peace issues a summons, the person will be served with a copy of the summons, which notifies them of the charge and compels them to attend court. If the judge or justice of the peace issues a warrant, the person will be arrested and brought before a justice.
To avoid any abuse of the private prosecution process, the Criminal Code and the Crown Attorneys Act authorize Crown Counsel to supervise privately laid charges to ensure that such prosecutions are in the best interest of the administration of justice. If a summons or warrant is issued and the case involves an indictable offence, the Crown is required to take over the prosecution. So, a private citizen's right to swear an information is always subject to the Crown's right to intervene and take over the prosecution.
If the Crown intervenes, the Crown will review the matter, as it does in every other criminal case, to determine whether there is a reasonable prospect of conviction and whether a prosecution is in the public interest. If so, the Crown will proceed with the prosecution. If not, the Crown is duty-bound to withdraw the charge.
In July 2018, Jade was successful in holding her perpetrator accountable in civil court, where she represented herself and was awarded $105,000. The judgment was set aside and will go to trial, since the perpetrator claimed he didn’t know he needed to file a defense, and in Ontario, they want to give everyone a day in court.
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, her lawyer, to confirm and corroborate some of the facts, pertaining to wrongdoing by the crown, in the case.
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 and is allowed to broad prosecutor discretion and enjoy immunity from negligence actions. The only way a case can be won, is if a citizen can show flagrant misconduct. Jade was seeking a mandamus, ordering the crown to follow their statutory duties by allowing her a fair hearing, where all evidence is heard.
Though the presiding judge stated that he "believed her honesty," he Judge dismissed the decision because he stated that due to Absolute immunity, the crown has "broad discretionary power, which should not be interfered with, unless there is overwhelming evidence of wrongdoing.” He further stated that; "other areas in ones life true or not, can make it difficult to secure a conviction, leading to no reasonable prospect of conviction in a he said/she said case." He went on to state that the Crown had to do more than just “make a mistake and that he wasn’t going to assess her credibility nor was he going to make a judgment on whether or not he would have done the same thing.”
Jade had submitted some evidence of wrongdoing in the form of emails, showing some negative influence, on her other cases, ever since the police neglected her sexual assault case. The Crowns who stayed the sexual assault charges, were pressuring other crowns who originally agreed to withdraw her charges, not to withdraw them. They were also working with police to have her repetitively charged, where there was no merit, such as when she would send a letter out for her civil case. All charges would be withdrawn. The emails were from her criminal lawyer to her; however, the judge stated that they were "inadmissible and that "without an affidavit from Danny Kayfetz, he could confirm wrongdoing by the crown." He did state to the Crown however; that “Everything that Jade described, would meet the threshold of flagrant misconduct, if only he had the affidavit from Danny Kayfetz.” He advised Jade, that it was double hearsay, “A crown telling Danny something and Danny telling Jade something, further reinstating that it was an issue that she didn’t have the affidavit.” Her lawyer Danny Kayfetz was hesitent to come forward at the time, knowing that in speaking against the crown, he could risk his own career hurdles as a criminal defence lawyer.
Click here to see transcript from hearing where Justice Myers states that what Jade describes would be flagrant impropriety, but that the fact that she did not have an affidavit from Danny Kayfetz was a problem. (Highlighted)
Many lawyers asked for opinion have stated that it is "unfair and procedurally incorrect to stay a prosecution, before evidence is heard," since “while citizens are not always going to get the result they want, one thing the Canadian Justice system promises citizens, is that they will be heard and get a day in court.” - Marie Heinen, lawyer for Jiann Ghomeshi. This was something that Jade felt the presiding judge missed in this case.
Jade has decided to appeal the decision, with the fresh evidence the judge said was missing, because she believes that people who work in public positions always need to follow the rule book so that abuses of process does not work, when it comes to providing a fair and impartial hearing and Judicial process.
“The systems presently in place are still very political. I’m not surprised that even in cases where so many women have come forward, police are still not placing charges. It's also likely that OIPRD will generate no results. The Police tend to protect their own and often look for ways they can find excuses as to why they can't proceed with sexual misconduct charges. For me, it was my "credibility" in their eyes. For these other women out there, considering that there are even multiple women in some cases, and likely nothing in their lives to lead police to be able to blame credibility, they will find other reasons, as an excuse to disregard a mans misconduct, especially if it’s one of their own's misconduct; ie police officer, paramedic, firefighter. The trek to holding perpetrators liable is a difficult one and my suggestion to victims has always been to pursue a civil case. That way, they will get their day in court, in front of an impartial judge or jury.” - Jade Naraine
Sexual assault has always been a difficult crime to prove beyond a reasonable doubt, even for women without charges. Jade thinks it's good that proof beyond a reasonable doubt exists as a safeguard, to prevent the innocent from being wrongfully convicted, but at the same time, some guilty people may be found innocent. A system can never be perfect.
There are laws currently in place which prevent the use of the accused's criminal history or sexual lifestyle, so that the accused is not prejudiced. In her case, the perpetrator had a history of violence and abuse towards women, according to the public record. He had been convicted and sentenced to 15 months imprisonment of aggravated assault, for a savage beating of a man, where he stole money and his stereo to support his substance abuse issues. Her perpetrator also faced drugs charges and plead guilty to charges involving unlawful use and possession of firearms and various other explosive devices. Her perpetrator also stated to get pleasure from seeing others in pain and would subject his son to gun activity, even after child protected services, clinical investigators and other entities told him not to and that his son made his position clear on it, The son ultimately suffered Depression and anxiety as a result. None of this could be used, due to laws in place that prevent the admissibility of the accused’s criminal past. Her perpetrator had also broken a woman’s bones in the past during intimacy, and pushed a woman down the stairs.
Women, too afraid to come forward and face humiliation, had sent Jade anonymous emails stating that her perpetrator was known to believe he was above the law and received special treatment, while referring her to publicly available court cases about his prior conduct. Jade’s perpetrator had even kept a young woman in her basement for free, to perform sex favours for him and his wife. This was even at the time when he met Jade and told Jade polyamoury was in his past. His wife did send Jade an email to warn her, but her perpetrator told police that the wife was contacting Jade, out of sadness, because Jade has posted photos with him on social media (with his consent.) His wife was polyamorous, so this was evidently false.
Jade’s advice to victims of sexual assault, without a lot of physical evidence or witnesses who saw the incident happen, would be to pursue a civil case. It will allow a victim to have their day in court, where a judge or jury only has to decide on a balance of probabilities. This is a more accessible standard for crimes which often happen in private.
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. Rape culture is very prominent, and with the media and morality, going downhill, men feel more empowered than ever to act.
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. Sociopaths are good talkers, and can be very charming, and likable.
Any man who engages in violent sex, would be considered a sadist, and no woman should have to endure that kind of sex, which strays from the norm, against their will. According to mental health professionals, Sadism and BDSM, stems from mental illness and is normally associated with individuals of a sociopathic nature, with risky sexual lifestyles and limited morals.
Jade was not involved in that lifestyle, like her perpetrator was. He specifically found her on a traditional dating site and tried to lure her in. In growing up with parents who engaged in violence, violent sex was all the more traumatizing for her. Jade was able to have him banned from the traditional dating sites, which highlights the sad fact that the public does more to prevent sexual misconduct than law enforcement does. Other women came forward testifying violent physical and emotional abuse by the perpetrator, but none of the women went to police. In cases where multiple women come forward, Crowns can rely on the similar evidence act. This act is used when there is not enough evidence to support that a crime occurred, so they rely on striking or eerily similar traits surrounding alleged criminal activity, like similar testimony. In this case, another woman came forward alleging he had slandered her with a personality disorder, she didn’t have, after he abused her, just like he did Jade, there were other distinct similarities as well, but nothing could be used because the woman did not wish to file a police report.
There have been many cases; Phillip Markoff, Ted Bundy, Matthew Winkler, where the person did not fit the profile the police thought. This was particularly evident in Jade’s case, as the perpetrator was a pathological liar, but able to get on the good sides of crowns, police and many women, who he did not like or respect, even while he was with them, as seen when he testified under oath to having never liked Jade, even while they dated.
Many people had come forward to state that he had a history of being very calculative and manipulative. When he pushed a woman down the stairs, he called police first to complain about her, so when she tried to report the push, the police could not place charges. He did the same with Jade. When Jade told him she was reporting the sex assault, he called police first to get a report in for harassment. No charges were laid but the report was there, then later on, he tried to get her charged for forgery with his friends at 41st division, which ultimately made it impossible for her to get her sexual assault put through. A judge ended up telling the other woman not to accuse him of physical abuse any longer.
These types of men are master deceivers and they know how to talk their way out of issues and through life. A good example of his deceit was when he was able to convince the police and his work place that he did not know where nude/explicit photos of women came from, after he shared the photos from his own email address, without the women’s consent. He was able to get his work to think of him as the victim. His wife, whom he was separated from, and whom he hid their lifestyle from her family for many years, even sent an email to Jade to warn her that he was living another life, concerned if he was being honest with Jade.
Anyone who is victimized by sexual assault or sexual harassment should collect as much evidence as they can, and go to the hospital right away, even photographs of physical harm if possible will help and telling the doctor what happened. Sometimes women don't think logically when raped or in other such situations. It’s understandable that women who are sexually assaulted by someone they know, may not act immediately as it takes time to process the emotions and see someone as the perpetrator who was just someone they trusted, but it’s important to document things and decide later.
Jade’s case was perhaps even more traumatizing, due to the context in which it took place. Her perpetrator had malicious, deceitful intent from the start, and had limited respect for the rights of women, initially told her in texts that his alternative sexual lifestyle was in his past and that he agreed monogamy was better; however, it wasn’t, so not only was she scarred by the sexual violence he liked to perpetrate on women, but struggled emotionally with the lifestyle he lured into, which she knew nothing about prior, since she was traditional. Many women were misled and were engaging in unprotected sex with her perpetrator. Prior to intimacy, he agreed they would be exclusive and he would delete his dating app, stating she could feel 100% safe with him. After intimacy, he revealed he preferred being polyamorous. Jade, struggling with abandonment, forced herself to accept the toxic relationship, but it was later discovered that he was always polyamorous and had a woman living in his basement whom was under the belief she was his life partner and in love, from before he met Jade. Her perpetrator even admitted on video, that he never liked Jade, even while he was dating her and pretending to like her.
There are many positive changes being made in the system as though. Crowns have stopped the use of text messages sent before or after sexual assaults, from being entered as evidence, because often times women want to hold on or see their perpetrators again, to legitimize what happened; however, this does not minimize the low self esteem and mental health issues the abuse causes. Some women even stay with abusive partners for many years. According to some Ontario Crown’s, Women who are victims may think; “if he likes me, maybe he didn’t rape me.”
In Jade’s situation, she knew there were some texts and aspects about their relationship that may have been questionable or embarrassing, but with the help of her psychologists and explanations to abandonment, along with the sheer fact that she was telling the truth, she knew would overrule all else, so she reported anyway.
The Police; however should have at charged him, then it would have deterred him from acting again or continuing his harm. There was no excuse. They only need to be satisfied that there is reasonable cause. If a judge can award damages, then that shows that there was reasonable cause, and highlights the changes that need to be made in the police force.
Jade believes women should overall forgo reporting to the police at all, unless there is solid physical evidence or witnesses who saw the assault happen. It can cause a lot of emotional trauma and stress to complainants when police neglect your case or when crowns stay the case, like being victimized all over again.
Jade, like many victims, never actually cared if her perpetrator was convicted. She just did a private prosecution because that was what a lawyers told her to do when they police forgot about her case. Women just want some token redress their suffering. Some acknowledgement that what happened happened and often, they don’t care what form that closure it comes in.
Jade plans to continue fighting for change in Canada, to make changes in the law which will allow more character, credibility issues, and past relevant criminal and sexual histories of the perpetrator admissible into evidence in criminal trials for sexual assault, while also lessening prosecutorial discretion at the start of a private prosecution, to allow citizens the right to present their evidence to a unbiased Justice of the Peace or Judge in a criminal prosecution, when Police neglect or sweep under the rug charges, to make it so that they must proceed when there is evidence. Jade also plans to lessen what is admissible and relevant in the victims life, to a sexual assault criminal case and that if credibility is assessed, that it should be for both the victim and the perpetrator. Equality means that credibility of the man and woman should both be assessed, when determining the truth.
Jade plans to take this case to the Supreme court to help change the laws, as the case is definitely in the public interest.
This site will be updated after the appeal of the Judicial Review and her sexual assault civil trial.*
It should be noted that other witnesses including other women who have been abused have come forward to state that her perpetrator is very calculative and will call the police first, even after an assault, such as pushing a woman down the stairs, in order to ensure he covers his tracks so that if the woman reports it, the allegation goes nowhere. This was similar to her case, when he accused her of forgery, though it turned out, she did not sign the reference letter. A judge recently told another woman that she is not to accuse him of pushing her down the stairs any longer, since the police report shows that he called first, claiming it was a slip and fall. Other witnesses have stated he would file contempt motions, right after being served with contempt motion paperwork, just to confuse the judge and bring commotion to the court. He would ultimately be found in contempt. He spent years committing crimes and getting by. His main ammunition was always to contact the police first. Another woman, is so hurt by his abuse that she doesn’t want to come forward and have to relive the memories. He also impregnated a 17 year old homeless woman and introduced her to alcohol.