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In late 2014, Canadian radio host
Jian Ghomeshi Jian Ghomeshi (born June 9, 1967) is a British-born Persian-Canadian broadcaster, writer, musician, producer and former CBC personality. From 1990 to 2000, he was a vocalist and drummer in the Thornhill-based folk-pop band Moxy Früvous. In ...
was arrested and charged with four counts of sexual assault, and one count of overcoming resistance by choking, in relation to three complainants. He was charged with three additional counts related to three more women on January 8, 2015. On October 1, 2015, Ghomeshi pleaded not guilty to one count of choking and four counts of sexual assault. The trial began on February 1, 2016. He was acquitted of all five charges on March 24, 2016.


Background


Early allegations

Ghomeshi was the host and co-creator of the
CBC Radio One CBC Radio One is the English-language news and information radio network of the publicly owned Canadian Broadcasting Corporation. It is commercial-free and offers local and national programming. It is available on AM and FM to 98 percent of Ca ...
show '' Q''. He hosted the show from 2007 to 2014, until fired by the CBC. In 2010, the producer of ''Q'',
Kathryn Borel Kathryn Borel (born June 23, 1979) is a Canadian writer, editor and radio producer. She was a founding producer of the CBC Radio One show '' Q''. Borel is the author of ''Corked: A Memoir'' (2009).Canadian Media Guild The Canadian Media Guild (CMG) is a trade union representing employees at the Canadian Broadcasting Corporation (outside Quebec and New Brunswick), the Canadian Press, Thomson Reuters, Agence France-Presse, the Aboriginal Peoples Television Netw ...
, reporting that Ghomeshi had repeatedly sexually harassed her starting in 2007. She also reported that there was "...emotional abuse, too:
gaslighting Gaslighting is a colloquialism, loosely defined as manipulating someone so as to make them question their own reality. The term derives from the title of the 1944 American film ''Gaslight'', which was based on the 1938 British theatre play ''Gas ...
and psychological games that undermined erintelligence, security and sense of self. Sometimes that hit harder than the physical trespassing." Borel declined to start a union arbitration or formal grievance but met with the executive producer of the show informally. Borel says that her union representative and the producer "did nothing." When Borel's allegations became public in 2014, CMG national president Carmel Smyth described Borel's experience as unacceptable and stated that sexual harassment is now a priority for the union. In 2012, journalism students at the
University of Western Ontario The University of Western Ontario (UWO), also known as Western University or Western, is a Public university, public research university in London, Ontario, London, Ontario, Canada. The main campus is located on of land, surrounded by resident ...
were advised not to pursue internships at ''Q'' due to Ghomeshi's rumoured inappropriate behaviour toward young women. In 2013, journalist Carla Ciccone published an account of her date with a Canadian radio host to
XoJane ''xoJane'' (also known as ''xoJane.com'') was an American online magazine from 2011-2016 geared toward women and founded by Jane Pratt and co-published by Say Media. Pratt was the founding editor of '' Sassy'' and '' Jane'' magazines. In less ...
titled "I Accidentally Went on a Date With a Presumed-Gay Canadian C-List Celebrity Who Creepily Proved He Isn't Gay." Ciccone refers to the personality under a pseudonym but ''
Toronto Life ''Toronto Life'' is a monthly magazine about entertainment, politics and life in Toronto, Ontario, Canada. ''Toronto Life'' also publishes a number of annual special interest guides about the city, including ''Real Estate'', ''Stylebook'', ''Eatin ...
'' identified the individual as Ghomeshi. The article claims the radio host as making unwanted physical advances. Ghomeshi did not deny going on a date with Ciccone and claimed not to have read the article, but stated that much of it was untrue from what he had heard. In 2014, a
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
account named for Ghomeshi's teddy bear, Big Ears Teddy, made accusations of abuse against him; these accusations included an April 9, 2014, tweet signed "every female Carleton U media grad."


Dismissal from the CBC

In the spring of 2014, Ghomeshi advised his employers at the CBC that the ''
Toronto Star The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part ...
'' was looking into allegations by an ex-girlfriend that he had engaged in rape and that he denied this accusation. The crisis management firm Navigator was hired to work for both Ghomeshi and the CBC. In early summer of 2014, reporter Jesse Brown contacted the CBC and warned that Ghomeshi's behaviour might have crossed into his work environment. The CBC investigated and concluded that there were no workplace complaints against Ghomeshi. According to an investigation by the CBC's '' The Fifth Estate'', "almost all known staffers on... Q said they were not contacted by CBC management as part of any investigation." Ghomeshi denied the accusations again and the ''Toronto Star'' declined to go forward with the story at that time. In October 2014, Brown tweeted that he was working on a story that would be "worse than embarrassing for certain parties". Brown later said that he was referring to another story but Ghomeshi requested a meeting with CBC on October 23. During that meeting, the CBC viewed what it later described as "graphic evidence that Jian had caused physical injury to a woman". According to ''
Vice A vice is a practice, behaviour, or habit generally considered immoral, sinful, criminal, rude, taboo, depraved, degrading, deviant or perverted in the associated society. In more minor usage, vice can refer to a fault, a negative character tra ...
'', Ghomeshi showed his bosses lewd text messages on a CBC-owned phone and graphic personal sex videos. On October 24, Ghomeshi announced he was taking an indefinite leave of absence from the network to deal with personal matters. Two days later, the CBC terminated Ghomeshi's employment, with a CBC spokesperson saying "information came to our attention recently that in CBC's judgment precludes us from continuing our relationship with Jian." Ghomeshi subsequently released a "lengthy
Facebook Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin M ...
post" saying his dismissal was motivated by fear of an alleged
smear campaign A smear campaign, also referred to as a smear tactic or simply a smear, is an effort to damage or call into question someone's reputation, by propounding negative propaganda. It makes use of discrediting tactics. It can be applied to individual ...
by an ex-girlfriend that according to Ghomeshi could release private details about his sexual life. Ghomeshi also said he refused an offer by the CBC to "walk away quietly." Chris Boyce, the head of CBC Radio, denied that such an offer was made. Ghomeshi filed a $55 million lawsuit against the CBC, alleging that the broadcaster misused "personal and
confidential Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required ...
information provided to it in confidence". He also filed "a union grievance alleging
wrongful dismissal In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contra ...
and
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
," and stated through his lawyer that he "does not engage in non-consensual
role play ''Role Play'' is an upcoming American thriller film directed by Thomas Vincent, written by Seth Owen, and produced by and starring Kaley Cuoco. Premise A married couple's lives are turned upside down when secrets are revealed about their pasts. ...
or sex and any suggestion of the contrary is defamatory." Ghomeshi withdrew his lawsuit on November 25, 2014. The terms of settlement stipulated that Ghomeshi will pay the CBC $18,000 in legal costs. Following his firing, the ''
Toronto Star The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part ...
'' published allegations by three women who said that they experienced violence from Ghomeshi without consent, along with allegations by a former CBC colleague, who later revealed her identity as
Kathryn Borel Kathryn Borel (born June 23, 1979) is a Canadian writer, editor and radio producer. She was a founding producer of the CBC Radio One show '' Q''. Borel is the author of ''Corked: A Memoir'' (2009). who said that Ghomeshi had
sexually harassed Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
her in the workplace. A fifth woman gave an interview to CBC Radio's ''
As It Happens ''As It Happens'' is a Canadian interview show that airs on CBC Radio One in Canada and various public radio stations in the United States through Public Radio Exchange. Its 50th anniversary was celebrated on-air on November 16, 2018. It has bee ...
'' on October 29, 2014, also revealing that Ghomeshi physically abused her on their first date. By December 16, 15 women and one man had approached media outlets with abuse allegations against Ghomeshi. Actress
Lucy DeCoutere Lucy DeCoutere (born 5 September 1970) is a Canadian actress and Royal Canadian Air Force officer, best known for her role as the character Lucy in the television series ''Trailer Park Boys''. Life and career DeCoutere grew up as the youngest c ...
was the first woman to agree to the publication of her name in conjunction with the allegations,"Jian Ghomeshi: 8 women accuse former CBC host of violence, sexual abuse or harassment"
''
Toronto Star The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part ...
'', October 29, 2014.
followed by author and lawyer
Reva Seth Reva Seth is a Canadian journalist, author, lawyer, strategic communications consultant, speaker, coach and entrepreneur. Early life and education Reva Seth was born in Toronto to South Asian parents. She attended the University of British Colum ...
. Jim Hounslow later came forward publicly accusing Ghomeshi of sexually assaulting him while the two were students at
York University York University (french: Université York), also known as YorkU or simply YU, is a public university, public research university in Toronto, Ontario, Canada. It is Canada's fourth-largest university, and it has approximately 55,700 students, 7,0 ...
in the early 1990s. On October 30, Ghomeshi was dropped by Navigator and the public relations firm, Rock-it Productions, ended their association with Ghomeshi. Both
Carleton University Carleton University is an English-language public research university in Ottawa, Ontario, Canada. Founded in 1942 as Carleton College, the institution originally operated as a private, non-denominational evening college to serve returning World ...
and the CBC launched private investigations into allegations against Ghomeshi. The CBC investigation was led by Janice Rubin, a prominent lawyer and leading authority on
workplace harassment Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers. Recently, matters of workplace harassment have gained interest among practitioners and researchers as it is becoming one of the ...
, and the results were released on April 16, 2015. The report stated that Ghomeshi "consistently breached the behavourial standard... of CBC by yelling at, belittling and humiliating others" and it referred to the "sexualized conduct and comments of Mr. Ghomeshi" in the workplace. The report stated that " nagement knew or ought to have known of this behaviour and conduct and failed to take steps required of it in accordance with its own policies to ensure that the workplace was free from disrespectful and abusive conduct". The report stated that " is our conclusion that CBC management condoned this behaviour." Carleton University's review, however, found that none of their students were "affected" by Ghomeshi and that "no one has raised any concerns about their placements" with CBC. As a result of his firing and the accusations made against him, Ghomeshi was named
QMI Agency The QMI Agency, a division of Quebecor Media, is an integrated news agency. Founded in 2008, it offers services to media customers in Quebec. Journalism QMI Agency engages in real-time news coverage for its subsidiaries and business partners. T ...
's newsmaker of the year. On January 5, 2015, the CBC placed Boyce and Todd Spencer, the executive director of human resources and industrial relations for English services, on indefinite leave of absence because of the Ghomeshi scandal. The CBC announced their dismissal on April 16, 2015. Spencer sued CBC in May 2016 for wrongful dismissal, saying that he was "scapegoated" by the corporation.


Criminal proceedings

On November 26, 2014 Ghomeshi turned himself in to
Toronto Police The Toronto Police Service (TPS) is a municipal police force in Toronto, Ontario, Canada, and the primary agency responsible for providing law enforcement and policing services in Toronto. Established in 1834, it was the first local police ser ...
and was charged with four counts of sexual assault and one count of overcoming resistance by choking, after an investigation that began on October 31. The charges concern three separate women. He appeared in court on the same day and was released on $100,000 bail on the conditions that he surrender his passport, stay within Ontario and live with his mother. Ghomeshi appeared in court again on January 8, 2015, and was charged with three additional counts of sexual assault related to three more women. In a court appearance on February 26, 2015, a judicial pretrial was set for March 27, 2015, and was later put over to April 28, 2015. His lawyer,
Marie Henein Marie Henein (born 1966) is a Canadian criminal defence lawyer. She is a partner of Henein Hutchison LLP, a law firm in Toronto. Early life Henein was born in Cairo, Egypt, to Lebanese Maronite parents. Her father, Joseph Henein, worked at a p ...
, stated that he would plead not guilty to all charges. On October 1, 2015, Ghomeshi pleaded not guilty to one count of choking and four counts of sexual assault.


Trial and acquittal

The trial of Ghomeshi began on February 1, 2016. On day one of the trial, the first complainant testified that Ghomeshi made a "sudden switch from charm to brutality", and that he punched her in the head and pulled her hair. The following day, Ghomeshi's defence lawyer,
Marie Henein Marie Henein (born 1966) is a Canadian criminal defence lawyer. She is a partner of Henein Hutchison LLP, a law firm in Toronto. Early life Henein was born in Cairo, Egypt, to Lebanese Maronite parents. Her father, Joseph Henein, worked at a p ...
, "questioned the reliability of the complainant's memory and, at times, her honesty". Henein pointed out differing accounts of the complainant's story to police and during her testimony. The complainant, who had previously testified to having no contact with Ghomeshi after the alleged assaults, was confronted with two emails she had written to Ghomeshi more than a year afterwards, one included a picture of her in
bikini A bikini is a two-piece swimsuit primarily worn by women that features two triangles of fabric on top that cover the breasts, and two triangles of fabric on the bottom: the front covering the pelvis but exposing the navel, and the back coveri ...
; she described them as "bait" to get him to explain why he attacked her. On day three,
Lucy DeCoutere Lucy DeCoutere (born 5 September 1970) is a Canadian actress and Royal Canadian Air Force officer, best known for her role as the character Lucy in the television series ''Trailer Park Boys''. Life and career DeCoutere grew up as the youngest c ...
testified, telling the court of a date with Ghomeshi in July 2003. She alleged that "he slapped her without warning and choked her until she couldn't breathe". During cross-examination, Henein presented court with a series of emails written by DeCoutere in the hours following the alleged assault, including an email written hours after the alleged assault which read "You kicked my ass last night and that makes me want to fuck your brains out", a handwritten letter that said "I love your hands", and a photo of her "fellating" a beer bottle in October 2005. DeCoutere said that she was trying to please and placate Ghomeshi because she blamed herself for the crimes and that none of that changed the fact that she was assaulted. The third complainant, who could not be named because of a
publication ban A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim o ...
, testified that Ghomeshi put his hands and teeth on her neck while they kissed on a park bench. Days before testifying, she said that after inadvertently hearing that emails from the previous complainants were read out in court, she told police about a date she had with Ghomeshi after the alleged assault in which she had a consensual sexual encounter with him that she did not disclose earlier. Under cross examination, Henein accused the complainant of lying to police in her initial statement, while the complainant called it "an omission". Henein also questioned her about her friendship with DeCoutere, including exchanging 5,000 text messages and sharing a lawyer and a publicist. The Crown asked the judge, Justice William Horkins, "...to allow a final witness to be deemed admissible, saying she would corroborate Ms. DeCoutere's version of events" on day six. The defense opposed to calling the witness, but Horkins ruled that the new witness could testify. Due to a snowstorm, the witness, actress
Sarah E. Dunsworth Sarah Elizabeth Dunsworth-Nickerson (born January 25, 1976) is a Canadian actress who plays the character of Sarah in the Canadian television franchise ''Trailer Park Boys''. She is the real-life daughter of the late John Dunsworth, the actor who ...
, did not testify and instead a transcript of her statement to police and messages exchanged between her and DeCoutere were provided. On the last day of the trial, the Crown and defence team made their closing arguments to the judge. Crown prosecutor Michael Callaghan stated that the "...credibility of Ghomeshi's three accusers has nothing to do with the way they behaved after the alleged incidents". On March 24, 2016, the judge delivered the verdict. Ghomeshi was acquitted of all charges. Justice William Horkins stated that the inconsistency and "outright deception" of the witness' testimony had irreparably weakened the prosecution's case. "Each complainant," he wrote, "demonstrated, to some degree, a willingness to ignore their oath to tell the truth on more than one occasion." Referring to a witness' excuse that she was merely trying to "navigate" the proceeding, Horkins replied "'Navigating' this sort of proceeding is really quite simple: tell the truth, the whole truth and nothing but the truth."


Separate charge

One additional charge of sexual assault was expected to be addressed at a separate trial in June 2016. On May 11, 2016, however, the Crown withdrew the last remaining charge, involving the alleged sexual assault against former CBC co-worker,
Kathryn Borel Kathryn Borel (born June 23, 1979) is a Canadian writer, editor and radio producer. She was a founding producer of the CBC Radio One show '' Q''. Borel is the author of ''Corked: A Memoir'' (2009).peace bond In Canadian law, a peace bond is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time. This essentially means that the person who signs a peace bond must not be charged with any ...
, which does not include an admission of guilt but which is premised on the complainant having a reasonable fear that the person entering the peace bond will cause personal injury to the complainant or their intimate partner, or damage to the complainant's property, or will post an intimate image without consent contrary to s.162.1 of the ''Criminal Code''.. Ghomeshi also agreed to apologize to Borel and did so formally. "No workplace friendship or creative environment excuses this sort of behaviour, especially when there's a power imbalance as there was with Ms. Borel," Ghomeshi stated. Later that day, Borel issued a formal statement to the media, insisting that Ghomeshi was guilty of sexual assault. "There are at least three documented incidents of physical touching," she said. "A trial would have maintained his lie, the lie that he was not guilty, and would have further subjected me to the very same pattern of abuse that I am currently trying to stop," Borel added. Borel was critical of the CBC for its handling of her initial complaint about Ghomeshi's behaviour. The CBC apologized to Borel publicly, on May 11, the second such apology by the Corporation, in a statement by head of public affairs Chuck Thompson.


Reactions and analysis


2016

Immediately after the verdict, supporters of the women expressed their disdain for the judge's ruling. They argued he was blaming the victims for not conforming to stereotypes of how women should behave, and that this could dissuade other women from coming forward in the future.
Tom Mulcair Tom or TOM may refer to: * Tom (given name), a diminutive of Thomas or Tomás or an independent Aramaic given name (and a list of people with the name) Characters * Tom Anderson, a character in '' Beavis and Butt-Head'' * Tom Beck, a character ...
, then head of the
NDP NDP may stand for: Computing * Neighbor Discovery Protocol, an Internet protocol * Nortel Discovery Protocol, a layer two Internet protocol, also called SONMP * Nondeterministic programming, a type of computer language Government * National ...
party, tweeted that he believed the alleged survivors and critiqued the Canadian legal system. Other Canadian celebrities and activists voiced similar opinions. Andrew Burke, an associate professor of cultural studies at the University of Winnipeg, wrote "That was a total masterclass in misogynist, arrogant windbaggery just now from Judge Horkins." Outside the courtroom, "dozens" of protesters voiced their support for the women, shouting "Ghomeshi guilty". Ghomeshi's sister also read a short statement expressing relief about the verdict and criticizing the lack of "due process" up to this point. Toronto lawyer Jonathan Rosenthal, however, stated: "It's a very bad case for the victims' rights movement to be jumping up and screaming about. It's atypical: This is a case where, bottom line, the complainants all lied." The case was also atypical in that the police solicited victims to come forward, and that some were very active with media interviews (DeCoutere conducted 19 herself) which were used against them in cross examination. The complainants were also in an environment with supporters saying victims must be believed. This perceived solidarity led to two of the complainants exchanging more than 5,000 messages before the trial. The potential for this to be seen as
collusion Collusion is a deceitful agreement or secret cooperation between two or more parties to limit open competition by deceiving, misleading or defrauding others of their legal right. Collusion is not always considered illegal. It can be used to att ...
led to the Crown abandoning an application to make " similar fact" case which tied the three complaints together. After the verdict, Marie Henein, Ghomeshi's lead attorney, responded to criticisms of her and the legal process in a televised interview. In response to those who called her actions a betrayal of women, she said, "I respect their right to say that, I don't respect their opinion or agree with it" and "I'm not about to send myself back into the kitchen because somebody doesn't like what I do." Henein spoke highly of the Canadian Courts, arguing that people get justice but that should not be confused with getting what they want. Referring to criticism that she undermined the complainants, she pointed out that no one should be believed without question including the police, "It's never been to the benefit of the disadvantaged or the most marginalized." She had specific criticism of Tom Mulcair's comments: "When you are denigrating the legal system in which he worked ... not having read a word of transcript, and not having informed yourself of the case, that's disappointing and not something I would put much stock in."


2017 onwards 2022

In 2018, the
federal government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in- ...
passed rape shield legislation limiting the extent to which past behaviour could be used against witnesses at sexual assault trials. The changes were the result of recommended from a 2012 report from
Senate of Canada The Senate of Canada (french: region=CA, Sénat du Canada) is the upper house of the Parliament of Canada. Together with the Crown and the House of Commons, they comprise the bicameral legislature of Canada. The Senate is modelled after the B ...
, although they not implemented until after Ghomeshi's trial. Following appeals about the new rules lodged in two court cases in Ontario and British Columbia, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
held in 2022 that the rules were fair. The legal changes were described in the
Globe and Mail ''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
newspaper as the ''Ghomeshi amendments''.


References

{{Reflist, 2 2016 in Canadian case law Ghomeshi, Jian Ghomeshi, Jian Ghomeshi, Jian 2016 in Ontario