Criminalizing Coercive Control: a Necessary New Offence, Part of a Global Strategy Addressing the Justice System and Broader Society
MONTRÉAL, Sept. 21, 2023 /CNW/ - Invited by the Department of Justice Canada to share its point of view today, the Regroupement des maisons pour femmes victimes de violence conjugale is pressing for the criminalization of coercive control, accompanied by measures to ensure its enforcement.
"It's not every day that legislators have the opportunity to create a new offence that has the power to save lives. By doing so in 2023, we have an opportunity to benefit from the experience of other states and countries in criminalizing coercive control, including Scotland, Ireland and Australia", points out Louise Riendeau, co-responsible for political files at the Regroupement.
Numerous studies have shown that coercive and controlling behaviours in a conjugal context represent an increased risk of homicide and attempted homicide, both for women and children and for those around them. The criminalization of coercive control would make it possible to deploy a safety net around victims, prevent the escalation of violence and save lives. In particular, it would give the police and judicial authorities the means to deal with victims whose safety has been threatened, but who have not been subjected to acts that currently constitute an offence.
"The status quo is no longer an option. The justice system must be able to rely on an offence that recognizes the seriousness and variety of domination strategies used by a partner on an ongoing and repeated basis, beyond isolated blows and incidents", stresses Cathy Allen, a member of the Regroupement's board of directors and coordinator of the Alternative pour elles shelter.
In addition to validating the experience of so many victims who live in a constant climate of fear, a new offence would make it possible to firmly denounce violence that is often downplayed, but which jeopardizes women's fundamental rights to safety, freedom, autonomy and dignity.
An offence alone will not solve the many issues and obstacles that undermine access to justice in this country. Before a new offence comes into force, the Regroupement believes that the Canadian and provincial/territorial governments will need to deploy structural measures, in all jurisdictions, to ensure optimal enforcement, minimize potentially negative impacts, and support the paradigm shift represented by the criminalization of coercive control. This means consulting victims, supporting and training social/legal and community practitioners upstream, adequately funding the justice system to bring about the required changes, and taking the necessary steps to avoid over-judicialization of populations that are already over-represented in the prison system. Beyond judicialization, change will also require the addition of general and specialized social services.
"After studying different models and consulting international partners, we feel that a gradual implementation is the best way to create winning conditions and prevent criminalization from reinforcing existing obstacles to access to justice", says Karine Barrette, lawyer and project manager for a Regroupement initiative entitled Amélioration de la pratique judiciaire pour accroître la sécurité des femmes victimes de violence conjugale.
For more than two years, the Regroupement has been developing expertise, tools and training on coercive control, inspired by best practices elsewhere in the world and put to the test with social and legal professionals in Québec. "The enthusiasm, mobilization and action of these players prove that this paradigm shift is not only possible, but has already begun", says Karine Barrette. The Regroupement will be filing a brief with Department of Justice Canada in the coming weeks.
Consult the Position of the Regroupement Concerning the Criminalization of Coercive Control.
The Regroupement unites 46 shelters in 16 administrative regions, making it the largest network of specialized conjugal violence resources in Quebec. Through its mission of education, awareness-raising and action, it helps to bring about changes in laws and policies to ameliorate protective measures for women and children who are victims of conjugal violence.
Since fall 2021, the Regroupement has led an initiative entitled Amélioration de la pratique judiciaire pour accroître la sécurité des femmes victimes de violence conjugale (Improving judicial practice to increase the safety of women victims of domestic violence), to raise awareness and train judicial stakeholders in the concept of coercive control. Find out more.
SOURCE Regroupement des maisons pour femmes victimes de violence conjugale
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