If a rose by any other name still smells as sweet, should it
matter to the courts if a plaintiff uses a pseudonym in
proceedings?
In this blog post, I explain why and how pseudonyms are used in
sexual abuse and sexual assault cases. I also discuss why some
survivors make requests for pseudonyms while others are indifferent
or even motivated to use their own names.
Pseudonyms in an Open Justice System.
Ontario's civil courts generally strive to provide an open
justice system which limits the potentially detrimental effects of
secrecy. There is a presumption that openness is preferable to
adopting pseudonyms for participants or allowing complete
publication bans.
For example, the absence of names in proceedings can increase
the risk of judicial injustice (bias, faults or omissions by the
court). Moreover, if the public is unaware of a plaintiff's
allegations and/or a defendant's response, it may limit the
court's ability to discover the truth (potential
