B.C. minister, victim assistance sued over alleged privacy breach
CBC
WARNING: This story contains details of sexual abuse and intimate partner violence.
A woman is suing the B.C. government and the head of the provincial victim assistance program, claiming they failed to protect sensitive files detailing alleged physical and sexual abuse she suffered at the hands of her husband.
The woman filed a notice of civil claim in B.C. Supreme Court in New Westminster against Crime Victim Assistance Program (CVAP) director Grant McKellar and B.C. Public Safety Minister Mike Farnworth, though the lawsuit also applies to anyone else who holds that position.
The woman, who is only identified as Jane Doe in the lawsuit, alleges she suffered "humiliation, trauma," "collapse of trust in the government," and "fear of physical harm of death" from her husband after a CVAP employee allegedly accessed her file without authorization in August 2022.
She told CBC News that she felt she "was not a person with rights and dignity that anyone was required to respect." It's why she says she decided to take legal action.
"Reporting caused me significant harm and left me vulnerable to further victimization," she said.
The lawsuit alleges the minister and CVAP director violated their obligations under the Freedom of Information and Protection and Privacy Act, "were vicariously liable for the actions" of the employees and "owed a duty of care" to the woman to safeguard her private information.
None of the allegations have been proven in court. No statements of defence have yet been filed.
CBC News requested interviews with Farnworth and McKellar, but they were not made available. The Ministry of Public Safety, which is in charge of CVAP, declined to answer written questions, citing the ongoing legal proceedings.
In March 2022, Jane Doe told Surrey RCMP that her husband had allegedly physically and sexually abused her over several years, according to the lawsuit.
She went to police because she feared her husband would retaliate against her for restarting claims in family court, the lawsuit said. She had fled their home a year prior and was trying to terminate her husband's parental rights. Two of her children also made police statements.
Jane Doe additionally made a video police statement that was transcribed detailing a 2013 incident where her husband, who is not named in the lawsuit, allegedly "sexually assaulted Jane Doe for several hours, and repeatedly hit in her head, which caused her to lose consciousness," according to the lawsuit.
Shortly after, Jane Doe applied to get benefits for counselling with CVAP for her and her children. CVAP provides financial supports to victims of violent crime.
In November, CVAP's director told her in a virtual meeting that the applications had been the subject of a privacy breach that occurred in August, according to the lawsuit.
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