refused. Dr. Dushinski helped her with the appeal and later provided 38 individual
counselling sessions. According to Dr. Dushinski, the Grievor demonstrated severe
post-traumatic responses including hyper vigilance (for example she would not allow
anyone to walk behind her in the hallway of the Sexual Assault Centre, booked her
appointments early in the day so that the waiting room would have fewer clients,
removed the doors from the closets in her home and installed a security system) and
intense flashbacks that resulted in her appearing to be stuck in the memory of her
assault, (she froze, started crying and shaking and on one occasion appeared to
have become unaware of her surrounding). The Grievor reported significant sleep
disturbances, nightmares and flashbacks that worsened with the stress of her
involvement in various legal processes. Dr. Dushinski testified that the Grievor told
her that she became involved in a series of unhealthy relationships that had further
detrimental impact on her mental health, withdrew from family and friends, and at
one point was hospitalized as a result of a suicide attempt.
5
5.When Dr. Dushinski was asked if the Grievor’s delay in prosecuting her grievance
was because of her trauma, Dr. Dushinski indicated that the delay was because of
the trauma but also because she perceived that there was a lack of safety in the
ERC work environment. According to Dr. Dushinski, working in a correctional facility
has inherent risks of violence and if a sexual assault victim did not feel safe with
colleagues, it would be extremely difficult for them to fulfill their duties in this
environment. It was Dr. Dushinski’s opinion that, for a number of reasons, the
Grievor did not feel that it was safe to begin the formal grievance procedure while
she was employed at the ERC and as a result she did not initiate the formal
grievance procedure until after the termination of her employment.
5
6.Dr. Dushinski also testified that sexual assault survivors sometime can’t accurately
recall aspects of the traumatic event. Their memory of trauma may be unclear or
incomplete. She testified that a trauma victims’ memory can be like a strobe light;
the memories are not integrated properly and may just come as flashes triggered by
a variety of stimulus. Dr. Dushinski also indicated that trauma victims sometimes
experience cognitive distortions where their thoughts cause them to perceive reality
inaccurately. Their recollection of the traumatic event may change over time; what
sexual assault survivors recall of the events may change and can be influenced by
choices made around the time of the assault. Their recollection may be influenced
by the support system they have, their family, work group, and society at large. She
testified that a survivor’s ability to function may be affected by their support system;
the response of their support system may affect their ability to function in the future
and if a sexual assault victim does not feel safe, it is difficult for them to heal.
5
7.According to Dr. Dushinski, victims of trauma do not all react in the same way.
Persons such as the Grievor, who had experienced multiple trauma in the past, may
find it more difficult to cope with a sexual assault. Dr. Dushinski said that there is no
set period of time within which a victim of sexual assault can be expected to heal, it
depends on many things including whether they get help, the type of help they get
and whether the help available is actually helpful. Recovery can be impeded by the
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