Relationship violence is any form of physical, emotional, spiritual and financial abuse, negative social control or coercion that is suffered by anyone who has a bond or relationship with the offender (s). In the literature, we find words such as intimate partner violence (IPV), interpersonal violence (IVP), neglect, dating violence, family violence, battery, child neglect, child abuse, bullying, seniors or elder abuse, stalking, cyberbullying, strangulation, technology- facilitated coercive control, honour killing, gang violence, social isolation, circulation of intimate images and workplace violence. Violence can be perpetrated by persons in opposite-sex relationships (Carney et al., 2007), within same-sex relationships (Rollè et al., 2018) and in relationships in which the victim is transgender (The Scottish Trans Alliance, 2010). Relationship violence is a result of multiple impacts such as taken for granted inequalities, policies and practices that accept sexism, racism, xenophobia, homophobia and ageism. It can span the entire age spectrum and it may start in-utero and end with the death of the victim.

In this chapter, we bring together some of the legislation concerning RV from legal systems that survivors often navigate: criminal, civil, family, immigration, and child protection. We offer an overview of the relevant statutes and resources. There are national policies and international conventions, as well as legislation to charge perpetrators of relationship violence. You will find information regarding children and youth and adults. This section focuses on the legislation that impacts British Columbians.

The purpose of this chapter is to describe the approaches legal systems in family law, civil law, criminal law, child protection, and immigration take to RV. We understand that survivors of violence often find themselves navigating multiple legal systems at the same time. Given that the different legal systems all have different rules and objectives, this can be very complex. This chapter provides a cursory overview of some of the available options. We recommend speaking with a lawyer if you need legal advice.

The Criminal Code

 Criminal Code Offences

Across Canada the Criminal Code sets out what offences are criminal in nature. There are numerous criminal laws that may be present in situations of RV as described below.​

Offences related to the use of physical and sexual violence such as:

• Assault causing bodily harm, with a weapon and aggravated assault (ss. 265-268)
• Kidnapping and forcible confinement (s. 279)
• Trafficking in persons (ss. 279.01)
• Abduction of a young person (ss. 280-283)
• Homicide, murder, attempted murder, infanticide and manslaughter (ss. 229-231 and 235)
• Sexual assault causing bodily harm, with a weapon and aggravated sexual assault (ss. 271-273)
• Sexual offences against children and youth (ss. 151, 152, 153, 155 and 170-172)
• Child pornography (s. 163.1)

Offences related to the administration of justice such as:

• Disobeying order of the court (s. 127)
• Failure to comply with the condition of undertaking (s.145(3))
• Failure to comply with probation order (s. 733.1)
• Breach of recognizance (peace bond) (s. 811)

Offences related to some forms of psychological or emotional abuse within the family that involve using words or actions to control, isolate, intimidate or dehumanize someone such as:

• Criminal harassment, sometimes called “stalking” (s. 264)
• Uttering threats (s. 264.1)
• Making indecent and harassing phone calls (s. 372)
• Trespassing at night (s. 177)
• Mischief (s. 430)

Offences related to neglect within the family such as:

• Failure to provide necessaries of life (s. 215)
• Abandoning child (ss. 218)
• Criminal negligence, including negligence causing bodily harm and death (ss. 219-221)

Offences related to financial abuse within the family such as:

• Theft (ss. 322, 328-330, 334)
• Theft by a person holding power of attorney (s. 331)
• Misappropriation of money held under direction (s. 332)
• Theft of, forgery of a credit card (s. 342)
• Extortion (s. 346)
• Forgery (s. 366)
• Fraud (s.380(1))

Criminal Code Orders

In addition to the above offences under the Criminal Code there are also orders that can be made when offences relating to RV are charged and after someone is sentenced. There may be conditions to not contact the victim, and to not attend near their home or residence as part of someone’s bail, or as part of their probation, or conditional sentence order. (ss 515 (3)(a), 516(2), 501(3)(d)(3); s 732.1(3)(a.1), 742.3(2)(a.3)). When these conditions are breached there may be criminal charges as a result of the breach itself. (s. 127).

Courts can also make orders to prohibit a person from possessing any weapons for a period of time, including the orders mentioned above, and as part of their criminal sentence (s.109(1)(a.1) and s.110(2.10)).

Protecting Canada Seniors Act (2012) states the vulnerability of age and the financial situation needs to be considered in sentencing.

Torts

Tort law is intended to provide remedies for actions or inactions that cause harm to someone (Wikibooks, Civil Claims and Family Violence). People can seek financial compensation, called damages, in civil court, which is not available in criminal court. In civil court, people bring matters forward on their own, often with the help of a lawyer, which is different from criminal court where it is the role of the state to determine whether matters should be brought forward.

There are several tort claims that a victim of domestic violence may make, including battery, assault, intentional infliction of emotional distress, public disclosure of private fact, and false imprisonment. All torts have different legal tests that would need to be proved in court for the victim to be successful. For example, a battery involves a direct, intentional physical interference with another person that is either harmful or offensive to a reasonable person (see Non-Marine Underwriters, Lloyd’s of London v. Scalera,  2000 SCC 24). The perpetrator does not need to have intended to cause harm, but they must have intentionally made physical contact with the person without their consent for the tort to be made out. In Scheutze v Pyper, a spouse was held liable for battery against his wife and the court awarded damages (pecuniary and non-pecuniary) of $800,000 caused by the battery.

The Supreme Court of Canada is scheduled to hear a case that will impact whether family violence will become its own tort that victims can bring forward (Ahluwalia v Ahluwalia). For more information on civil claims and family violence see this plain language summary in Clicklaw Wikibooks.

Peace Bonds/Protection Orders

Peace Bonds

People experiencing RV may be able to apply for preventative protective orders in either family or criminal court. These are often called “restraining orders”, but the legal terms are peace bonds in criminal court, or protection orders in family court.

Peace bonds are legislated under section 810 of the Criminal Code and are intended to be the same across Canada. One way peace bonds are used is to prevent harm. People can seek a peace bond in two circumstances:

1. If they fear for their safety or the safety of their child, spouse, partner, or property
2. If they are afraid that someone will share or publish intimate images or videos (which is a criminal offence under s. 162.1)

If a peace bond is granted by the court under section 810 of the Criminal Code, the court orders the person to follow certain conditions. The peace bond itself is not a criminal charge, and this does not result in a criminal conviction. The conditions that the court can order include requiring the person to “keep the peace”, not to contact the other person, not to attend to their residence or place of employment, not to possess weapons, and various other orders. They can be in place for up to 1 year before they expire and after they expire a person can seek another peace bond. It is also common that when someone is charged with a criminal offence the charges will be dropped and they will enter a peace bond. For more information about applying for a Peace Bond in BC see “Seeking a Peace Bond: A Guide” created by Rise Women’s Legal Centre which is available in 12 languages.

Protection Orders

Most provinces have legislation that allows someone to receive a civil protection order for the risk of domestic violence. Depending on the jurisdiction in Canada, victims are able to apply for a protective order that will limit the other person’s ability to contact them and attend to the areas surrounding their residence or place of employment. In BC, the Family Law Act allows under s. 183 for a protection order to be made against a family member if the court determines

1. Family violence is likely to occur, and;
2. The other family member is an at-risk family member

These orders can be made without the other party present, or ex parte, and on an emergency basis. The court can order that the party have no contact with the family member, to not attend certain locations including near to their residence or work, and various other orders that are intended to protect the at risk family member. Protection orders can be ordered for a short period of time, a year, or longer than a year. These orders themselves are not a criminal order, but if they are breached, they can be enforced under s. 127 of the Criminal Code and become a criminal offence. For more information about peace bonds and family law protection orders you can review the document “For Your Protection [PDF]” created by Legal Aid BC.

You may notice that peace bonds and protection orders sound similar in many ways. One big difference is that peace bonds are available for someone seeking protection from anyone, for example a landlord, or a neighbour. Whereas protection orders are only available in BC for people who fall within the definition of “family member” under the Family Law Act below.

“Family member” with respect to a person, means

1. The person’s spouse or former spouse,
2. A person with whom the person is living, or has lived, in a marriage-like relationship,
3. a parent or guardian of the person’s child,
4. a person who lives with, and is related to,
   1. the person, or
   2. a person referred to in any of paragraphs (a) to (c), or
5. the person’s child,

and includes a child who is living with, or whose parent or guardian is, a person referred to in any of paragraphs (a) to (e).

If people are experiencing RV and they are in a dating like relationship, they may not meet the definition of “family member” under the Family Law Act and may need to seek a Peace Bond instead. Below is a chart to highlight the main differences between a peace bond and a protection order.

Intimate Images Protection Act

In BC there is also the Intimate Images Protection Act (IIPA) which is intended to provide help to victims of non-consensual disclosure of intimate images in a timely and user-centered process.

While criminal processes are available to people, some people may want to solely have the picture removed and not engage with a court process. The IIPA is in place to help people to get their intimate images taken down as soon as possible and allows them to remain confidential. An order to have an image deleted or taken down is called an intimate image protection order. People can also seek damages through the IIPA process and that the person or company that shared the image pay a fine. For more information on how this legislation helps people to have been victims of NCDII, read the Intimate Images Protection Act.

Family Law

Parenting

If matters proceed to family court, parenting time and responsibilities are determined based in BC by a judge deciding the answer to the question: “what is in the best interest of the child?” The history of relationship violence, or family violence, is important in determining the best interests of the child in most jurisdictions including BC. Each province and territory has different laws surrounding family law, and they define domestic or family violence differently.

In BC, the definition of family violence found under s.1 of the Family Law Act includes:

1. Physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,
2. Sexual abuse of a family member,
3. Attempts to physically or sexually abuse a family member,
4. Psychological or emotional abuse of a family member, including
   1. Intimidation, harassment, coercion or threats, including threats respecting other
      persons, pets or property,
   2. Unreasonable restrictions on, or prevention of, a family member’s financial or
      personal autonomy,
   3. Stalking or following of the family member, and
   4. Intentional damage to property, and
5. In the case of a child, direct or indirect exposure to family violence.

In BC there is no presumption that a child needs to have a certain amount of time with one parent or with both, instead, it is about what arrangement would be best for each individual child. When a family court judge is considering what is in the best interests of a child, they are mandated by s. 37(2) to consider:

6. The impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member
7. Whether the actions of a person responsible for family violence indicate that the person may be impaired in the person’s ability to care for the child and meet the child’s needs;
8. The appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
9. Any civil or criminal proceeding relevant to the child’s safety, security or well-being.

The legislation goes on to highlight that an agreement or order by the court is not in the best interests of the child

(3) “Unless it protects, to the greatest extent possible, the child’s physical, psychological and emotional safety, security and well-being.”

To help judges make a determination of the best interests of the child, the Family Law Act explains that courts must consider the following information when it comes to assessing family violence: Assessing family violence

38 …

1. The nature and seriousness of the family violence;
2. How recently the family violence occurred;
3. The frequency of the family violence;
4. Whether any psychological or emotional abuse constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at a family member;
5. Whether the family violence was directed toward the child;
6. Whether the child was exposed to family violence that was not directed toward the child;
7. The harm to the child’s physical, psychological and emotional safety, security and well-being as a result of the family violence;
8. Any steps the person responsible for the family violence has taken to prevent further family violence from occurring;
9. Any other relevant matter.

In BC, anyone can rely on the Family Law Act when they are separating. Parties can rely on the Divorce Act if they were married and are applying to get a divorce. The Family Law Act is the provincial legislation, and the Divorce Act is the federal legislation. Only the Family Law Act deals with property division, but they both address parenting, child support, and spousal support. The Divorce Act amendments that came into effect on March 1, 2021 now require that the psychological and physical safety of the children are the primary consideration in judge’s considerations of the best interests of the child. The Divorce Act s. 2 defines family violence as:

Family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes:

1. Physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;
2. Sexual abuse;
3. Threats to kill or cause bodily harm to any person;
4. Harassment, including stalking;
5. The failure to provide the necessaries of life;
6. Psychological abuse;
7. Financial abuse;
8. Threats to kill or harm an animal or damage property; and
9. The killing or harming of an animal or the damaging of property; (violence familiale)

Alternate Dispute Resolution

When parties separate, the provincial and federal legislations encourage them to reach a resolution outside of court whenever possible. Resolution processes outside of court are broadly called “Alternative Dispute Resolutions” and they can include negotiations between the parties, mediation, collaborative practice, and arbitration.

In British Columbia, alternative dispute resolution (ADR) options for domestic violence (DV) cases from the BC Supreme court online help guide include:

1. Mediation: A neutral third party helps the involved parties reach a mutually acceptable agreement.  It is less expensive and less adversarial than court.
2. Arbitration: An arbitrator listens to both sides and makes a binding decision. It is less expensive and faster than a court process.
3. Consensual Dispute Resolution (CDR): This includes mediation, facilitated negotiation, and collaborative law processes. The CDR specialist(s) meet with both parties separately and help them come to a resolution without meeting together.

Written with the help of Copilot.

Screening for Family Violence

Regardless of if parties are going through court or an alternative dispute resolution process, all family dispute resolution professionals, including family law lawyers, family law mediators, parenting coordinators, family justice counselors and arbitrators are required to screen for family violence under s. 8 of the Family Law Act.

1. A family dispute resolution professional consulted by a party to a family law dispute must assess, in accordance with the regulations, whether family violence may be present, and if it appears to the family dispute resolution professional that family violence is present, the extent to which the family violence may adversely affect
   1. The safety of the party or a family member of that party, and
   2. The ability of the party to negotiate a fair agreement.

There are other court orders that are not explicitly related to the safety of families but can be made to increase safety. These include:

• S. 90 Orders for exclusive occupancy of the family home
• S. 89 Interim distribution of property
• S. 247 Child Support
• S. 165 Spousal Support

International Considerations and Family Law

When there is a concern about a child who has been removed to another province, territory, or country, the Hauge Convention on the Civil Aspects of International Child Abduction is the law which can be used to secure the return of the child when their removal is seen as wrongful. Courts can consider whether there would be “grave risk” to the child as a result of domestic violence by being returned.

Child Protection

Child welfare legislations in Canada vary depending on the province or territory, but most of them consider a child to be in need of protection when they may be harmed by exposure to domestic violence in the home. This harm includes physical or emotional harm. An Act Respecting First Nations, Inuit and Metis Children, Youth and Families requires an assessment of the best interests of Indigenous children in Canada to consider family violence, indirect and direct, and any risk of harm to the child including physical, emotional, or psychological. To the extent possible, the legislation requires that these factors be interpreted using Indigenous laws.

In BC, The Child, Family and Community Service Act (2017) [PDF] requires that anyone who has reason to believe that a child (or youth) has been or is likely to be abused or neglected and that the parent is unwilling or unable to protect the child (or youth) must report the suspected abuse or neglect to a child welfare worker.

Read Reporting Child Abuse in BC  for more information.

Post-Secondary Institutions

BC passed Bill 23: Sexual Violence and Misconduct Policy requiring all post-secondary institutions to have a policy on sexual misconduct and develop the complaint process and evaluate it on a three-year cycle.​ Effective sexual assault policies may include several key components:

• Prioritize needs of survivors and have survivors control all decisions
• Create and implement evidence based prevent programs that address root causes such as gender norms and power dynamics
• Clear confidential reporting processes
• Support services including counseling, medical care and legal processes as well as assistance to find resources
• Regular training on how to prevent, recognize and address violence.

Immigration and Refugee Law

People living in Canada who have precarious immigration status can be vulnerable to violence, often termed “immigration-related abuse” Precarious immigration status includes those without status as well as “sponsored spouses, refugee claimants, Humanitarian “Compassionate applicants, visitors, and students.” (Mosher at 303). It can also include people who are non-status including people with an expiring visa, people who have had their refugee claim rejected, and undocumented entrants (Tabibi et al, 2018, Mosher at 303).

Abusers can use the threat of revoking a sponsorship application to perpetrate violence over their intimate partner (Koshan at 10). In situations where the abuser revokes a sponsorship application while the person is living in Canada, they typically have to attempt to make an application on humanitarian and compassionate grounds (Koshan at 10). As of July 2019, victims of family violence can apply for a free temporary resident permit if their status in Canada is dependent upon their abusive spouse or partner. These permits are temporary, available for a minimum of 6 months and a maximum or three years.

Perpetrators of violence may attempt to manipulate the criminal justice system, for example by calling the police on their wives, to attempt to have them criminally charged and potentially removed from Canada (Koshan at 12). Perpetrators of violence are also known to manipulate family law proceedings and cause harm to victims by threatening family members abroad.

In Canada the Immigration and Refugee Protection Act (IRPA) has different consequences for people who are not Canadian citizens after they are convicted of a criminal offence, which can lead them to being inadmissible to Canada and subject to removal. If someone is convicted of an offence that causes bodily harm to a partner or family member, they are barred from being a sponsor (s. 133(1)(e)(ii)). Victims may be concerned that if they report their abuser to police it may impact their immigration status. As a result people experiencing RV with precarious immigration status may face higher barriers to seeking help and reporting abuse.

Kiera’s Law

On May 27, 2023 a private member’s bill was passed by the Senate to amend the Judges Act that encourages federally appointed judges to have education on domestic violence and coercive control. The law is named after Keira Kagan who was found dead along with her father in 2020 at the bottom of a cliff in a murder-suicide. There is an inquest being conducted by the Ontario chief coroner given that Keira had been ordered to spend unsupervised parenting time with her father despite his abusive behaviour towards Kiera’s mother, Jennifer Kagan-Viater. Jennifer Kagan-Viater had tried to raise concerns about the risks to Kiera at her family law trial.

As a result of Kiera’s Law, the Judicial Council will be required to send an annual report to the Minister on the education provided relating to IPV. The law is a step in the right direction, but it has been critiqued for being optional, and for the annual reporting on the seminars by the Judicial Council not having to specify who has taken the training.

The bill also amends the Criminal Code to allow judges to order someone alleged of committing Intimate Partner Violence to wear an electronic monitoring device if they believe them to pose a safety risk s. 515 (4.2 and 4.3).

Leave Respecting Domestic or Sexual Violence

In BC, the “Leave Respecting Domestic or Sexual Violence Act” entitles all employees to take 5 days of paid leave, along with 5 days of unpaid leave if they are impacted by domestic or sexual violence. Parents of a child or dependent who are impacted by domestic or sexual violence are also entitled to this leave. Additionally, victims are entitled to take up to 15 weeks of additional unpaid leave. The leave can be taken intermittently, either as partial or full days and does not need to be taken all at once.

International Conventions

Canada is a signatory to multiple United Nations (UN) conventions on human rights and relationship violence. In 1993, the United Nations Assembly—of which Canada is a member state—first passed the Declaration on the Elimination of Violence Against Women (UN, 2009a).

Canada is a member of the Organization of American States that adopted the Inter-America Convention on the Prevention, Punishment, and Eradication of Violence Against Women (Department of International Law, 1994), which is considered the first treaty to outline women’s rights against violence. The agreement states that women should be free from every form of violence, including physical, sexual and psychological violence perpetrated by family members or intimate partners, members of the community or the state (Organization of the Americas, 2013).

Also, the UN Assembly (2014) passed a resolution (18/147) Elimination of domestic violence against women [PDF] (UN, 2015). It expanded the definition of domestic violence to include those related by blood and intimacy, and it included economic deprivation and isolation in its definition. The UN Assembly (2018) passed 73/148 Intensification of efforts to prevent and eliminate all forms of violence against women and girls: sexual harassment [PDF] and resolutions like 64/137 (2010), 63/155 (2009), 62/133 (2008) and 61/143 (2006). A series of resolutions on the “Elimination of all forms of violence, including crimes against women” (59/167 (2005), 57/181 (2002), and 55/68 (2000); and “In-depth study of all forms of violence against women resolutions” (60/136 (2006) and 58/185 (2004). (UN 2019, 2010a, 2009b, 2008, 2006a, 2005, 2006b, 2004).

As well, there are a series of resolutions on The UN Human Rights Council (HRC) has also passed several resolutions on eliminating discrimination and violence against women, resolutions 14/12 (UN, 2010), 15/23 (UN, 2010b), 12/17 (UN, 2009c), 11/2 (UN, 2009d), 7/24 (UN 2008b), and many others. The United Nations resolutions and reports on RV against women can be found at UN Women website.

There are several resolutions on the Rights of the Child [PDF] (UN, 2017) and the social policy paper working paper no. 16 on Rights of the Older Person (UN, 2012). In 2011a, an open-ended working group on the rights of the older person [PDF] established to continue to evaluate the rights of the older person framework and identify and address gaps. Reports and resolutions on the older person can be found at the UN department of economics and social affairs (UN, 2011b). In 2019, the International Labour Council passed a convention on Violence and Harassment, and an accompanying non-binding recommendation that provides guidance on the convention’s obligations. Canada has not ratified the treaty that would require it to create national laws, prevention measures, information campaigns and workplace violence prevention policies.

In 2021 Canada’s Senate voted to pass the United Nations Declaration on the Rights of Indigenous Peoples Act (the UNDRIP Act) which affirms UNDRIP as an international human rights instrument in Canadian law.

Resources

Policies

There are a number of resources for working with families. There are also principles that need to be followed laid out in The BC Handbook for Action on Child Abuse and Neglect for Service Providers [PDF] (2017, p. 14-15). Some of them are reproduced below.

• The safety and well-being of children are paramount considerations.
• Children are entitled to be protected from abuse, neglect, harm or the threat of harm.
• A family is a preferred environment for the care and upbringing of children, and the responsibility for the protection of children rests primarily with the parents.
• If, with available support services, a family can provide a safe and nurturing environment for child, support services should be provided.
• The child’s views should be taken into account when decisions relating to a child are made.
• Kinship ties and a child’s attachment to the extended family should be preserved, if possible.
• The cultural identity of Indigenous children should be preserved.
• Decisions relating to children should be made and implemented in a timely manner.
  • Families and children should be informed of the services available to them and be encouraged to participate in decisions affecting them.
  •  Indigenous people should be involved in the planning and delivery of services to Aboriginal families and their children.
  • Services should be planned and delivered in ways that are sensitive to the needs and the cultural, racial and religious heritage of those receiving the services.
  • Services should be integrated, wherever possible and appropriate, with services provided by government ministries, community agencies and Community Living British Columbia.
  • The community should be involved, wherever possible and appropriate, in the planning and delivery of services, including preventive and support services to families and children.

Also, there is in Canada, the Canadian Resource Centre for Victims of Crime (n.d.) that has a number of publications for victims. To support the understanding of violence among children, Child Abuse, How to help Victims [PDF] (2017) shows the history of Canadian laws on child abuse. In British Columbia, there are many policies like the Violence Against Women in Relationships Policy-VAWIR [PDF] (2010) introduced in 1993. The primary purpose of the VAWIR policy is to ensure an effective, integrated and coordinated justice and child welfare response to domestic violence. The goal is to support and protect those individuals at risk and facilitate offender management and accountability.

The Intimate Partner Violence Policy for Crown Counsel [PDF] was updated in 2019. It discusses the processes for Crown Counsel from definitions of domestic violence, bail conditions and preparation for hearings.

Although many organizations have policies, and we have progressive legislation, the policies are not always practiced. Sometimes, survivors are not believed; other times, they are intimidated, and at times, organizational management investigates its own employees and is biased by all things in society. It is such a complex issue, and the evidence required to prosecute needs to be meticulously gathered.

The Honourable retired Canadian Supreme Court Justice Donna Martinson and Professor Emerita and founder of the FREDA Institute Margaret Jackson wrote a report on the family law in relationship violence cases that involves women and children. They highlight that judges also have their own biases and need to be aware of them in making decisions. Also, Martinson and Jackson (2019) state that women serving organizations need to be involved in the education of judges to strengthen their understanding of the complexities of relationship violence and how it shows up in the courthouse.

Furthermore, they both state decisions need to be made based on equity rights and go through how to order and make sense of parenting assessments, discuss that a child needs to be heard and explain how section 21 reports have not improved for there are no guidelines on what must be included in these reports and no stated qualifications for assessors. As well, assessors do not work from a trauma-informed culturally competent perspective. They argue that psychological tests are relied upon that have no predictive evidence. Also, many women do not report abuse in divorce cases because they fear they will be seen as ineffective parents.  Martinson and Jackson go through all the conventions from the United Nations (UN) that impact family law as well as case law that impacts BC decisions (Martinson & Jackson, 2019). For details, read the full paper: Family Violence and Parenting Assessments: Law Skills and Social Context [PDF].

Legal Services

West Coast Leaf  (2020) launched A toolkit for navigating section 276 and 278 Criminal Code matters as complainant counsel in criminal proceedings. [PDF] Elba Bendo, Director of Law Reform at West Coast Leaf explains that best practice is to have specialized courts.

The Legal Services Society has a number of easy to read publications for the public in plain language. Survivors tell us that they are revictimized by the legal system. It is difficult to prosecute perpetrators. Survivors need to repeat their stories a number of times, and they feel like they are on trial, and their integrity is being questioned. Jeeti Pooni, who was sexually assaulted as a young child who did not disclose until she was an adult with a couple of daughters of her own, discusses how she was disappointed with the court’s ruling. Read or listen to a CBC interview with Jeeti Pooni as she discusses her story.

References

Ahluwalia v Ahluwalia, 2023 ONCA 476. https://canliiconnects.org/en/commentaries/92441

Battered Women’s Support Services. (2023). “Keira’s Law”: More Domestic Violence Training for Judges. But is it Enough? https://www.bwss.org/keiras-law/

British Columbia Government. (2010). Violence against women in relationships [PDF]. https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/victims-of-crime/vs-info-for-professionals/info-resources/vawir.pdf

British Columbia Government. (2017). The B.C. handbook for action on child abuse and neglect [PDF]. https://www2.gov.bc.ca/assets/gov/public-safety-and-emergency-services/public-safety/protecting-children/childabusepreventionhandbook_serviceprovider.pdf

Canadian Centre for Justice and Community Safety Statistics. (2022) “Brief: Statistical profile of intimate partner violence in Canada” [PDF] submitted to the House of Commons Standing Committee on the Status of Women, Statistics Canada, https://www.ourcommons.ca/Content/Committee/441/FEWO/Brief/BR11575288/br-external/StatisticsCanada-Brief-e.pdf

Canadian Resource Centre for Victims of Crime. (n.d.). Publications. https://crcvc.ca/publications/

Canadian Resource Centre for Victims of Crime. (2017). Child abuse: How to help victims [PDF]. https://crcvc.ca/wp-content/uploads/2011/10/Child-Abuse_May2017.pdf

Child, Family and Community Service Act. (1996). https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96046_01

Declaration on the Rights of Indigenous Peoples Act. (2019). SBC 2019 c 44, https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19044

Department of International Law. (1994). Multilateral treaties. http://www.oas.org/juridico/english/treaties/a-61.html

Department of Justice Canada. (2019). Family violence laws. https://www.justice.gc.ca/eng/cj-jp/fv-vf/laws-lois.html

Divorce Act. (1985). RSC 1985, c 3 (2nd Supp) https://laws-lois.justice.gc.ca/eng/acts/d-3.4/

Family Law Act. (2011). SBC 2011, c 25, Victoria, BC: Queen’s Printer, Canada. https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html

Goodyear, S. (2020). B.C. woman in “complete shock”; after sex abuse convictions tossed over court delays. CBC Interview with Jeeti Pooni. https://www.cbc.ca/radio/asithappens/as-it-happens-wednesday-edition-1.5172377/b-c-woman-in-complete-shock-after-sex-abuse-convictions-tossed-over-court-delays-1.5172380

Government of British Columbia. (n.d.). Intimate Images Protection Act. https://www2.gov.bc.ca/gov/content/justice

Government of British Columbia. (n.d.). Intimate Images Protection Service. https://takebackyourimages.gov.bc.ca

Government of Canada. (1985). Criminal Code R.S.C., C-46. https://laws-lois.justice.gc.ca/eng/acts/C-46/index.html#docCont

Government of Canada. (2012). Protecting Canada’s Seniors Act. https://laws-lois.justice.gc.ca/eng/annualstatutes/2012_29/page-1.html

Hague Convention on the Civil Aspects of International Child Abduction [PDF]. (1980). https://assets.hcch.net/docs/e86d9f72-dc8d-46f3-b3bf-e102911c8532.pdf

Haley Hrymak & Kim Hawkins. (2021). “Why Can’t Everyone Just Get Along? How BC’s Family Law System Puts Survivors in Danger ” Rise Women’s Legal Centre. https://www.researchgate.net/publication/349118506_Why_Can’t_Everyone_Just_Get_Along_How_BC’s_Family_Law_System_Puts_Survivors_in_Danger

International Labour Council. (2019). Convention on violence and harassment [PDF]. https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—relconf/documents/meetingdocument/wcms_711570.pdf

Intimate Images Protection Act. (2023). SBC 2023 11. https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/23011#:~:text=5%20(1)%20An%20individual%20who,for%20relief%20under%20this%20section.

Koshan, J., Mosher J., & Wiegers W. (2020). The Costs of Justice in Domestic Violence Cases: Mapping Canadian Law and Policy. In Farrow, T & Jacobs, L (Eds), The Justice Crisis: the Cost and Value of Accessing Law. https://digitalcommons.osgoode.yorku.ca/scholarly_works/2850/

Martinson, D., & Jackson, M. (2019). Family violence and parenting assessments: Law, skills and social context [PDF]. https://fredacentre.com/wp-content/uploads/D.-Martinson-and-M.-Jackson-Report-Family-Violence-and-Parenting-Assessments-Law-Skills-and-Social-Context-1.pdf

Mattoo, D. (2017). Race, Gendered Violence, and the Rights of Women. https://www.schliferclinic.com/race-gendered-violence-toolkit/

Mosher, J. (2023) Domestic Violence, Precarious Immigration Status, and the Complex Interplay of Family Law and Immigration Law. Canadian Journal of Family Law, 35(1). https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=1106&context=can-j-fam-l

Private Member’s Bill C-233 (44-1). (2023). “An Act to Amend the Criminal Code and the Judges Act” [Kiera’s Law]. https://www.parl.ca/DocumentViewer/en/44-1/bill/C-233/royal-assent

Statistics Canada. (2021). Family violence in Canada: A statistical profile, 2019 by Shana Conroy, Catalogue No 85-002-X, https://www150.statcan.gc.ca/n1/pub/85-002-x/2021001/article/00001-eng.htm

Supreme Court of British Columbia. (n.d.). Third party help.  https://supremecourtbc.ca/civil-law/overview/third-party-help

Tabibi, J., Ahmad, S., Baker, L., & Lalonde, D. (2018). Intimate Partner Violence Against Immigrant and Refugee Women [PDF]. Learning Network Issue 26. London, Ontario: Centre for Research & Education on Violence Against Women & Children. ISBN # 978-1-988412-24-5. https://gbvlearningnetwork.ca/our-work/issuebased_newsletters/issue-26/Issue_26.pdf

The Advocates for Human Rights. (2013). Stop violence against women – organization of American states. http://www.stopvaw.org/organization_of_american_states

United Nations. (2004). In-depth study on all forms of violence against women [PDF]. A, Res, 58, 185. https://documents.un.org/doc/undoc/gen/n03/505/68/pdf/n0350568.pdf

United Nations. (2005). Elimination of all forms of violence against women, including crimes identified in the outcome document of the twenty-third special session of the General Assembly, entitled “Women 2000: gender equality, development and peace for the twenty-first century” [PDF]. A, Res, 59, 167. https://www.iom.int/sites/g/files/tmzbdl486/files/jahia/webdav/shared/shared/mainsite/policy_and_research/un/59/A_RES_59_167_en.pdf

United Nations. (2006a). Intensification of efforts to eliminate all forms of violence against women [PDF]. A, RES, 61, 143. https://documents.un.org/doc/undoc/gen/n06/503/01/pdf/n0650301.pdf

United Nations. (2006b). In-depth study on all forms of violence against women [PDF]. A, Res, 60, 136. http://www.worldlii.org/int/other/UNGARsn/2005/196.pdf

United Nations. (2008a). Intensification of efforts to eliminate all forms of violence against women [PDF]. A, Res, 62, 133. https://www.iom.int/sites/g/files/tmzbdl486/files/jahia/webdav/shared/shared/mainsite/policy_and_research/un/62/A_RES_62_133_EN.pdf

United Nations. (2008b). Elimination of violence against women [PDF]. Resolution 7/24. https://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_7_24.pdf

United Nations. (2009a). Declaration on the elimination of violence against women. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-violence-against-women

United Nations. (2009b). Intensification of efforts to eliminate all forms of violence against women. A, RES, 63, 155. https://undocs.org/A/RES/63/155

United Nations. (2009c). Elimination of discrimination against women [PDF]. A, HRC, RES, 12, 17. https://www.un.org/womenwatch/daw/vaw/humanrights/A_HRC_RES_12_17.pdf

United Nations. (2009d). Resolution 11/2. Accelerating efforts to eliminate all forms of violence against women [PDF]. https://www.un.org/womenwatch/daw/vaw/humanrights/A_HRC_RES_11_2.pdf

United Nations. (2010a). Intensification of efforts to eliminate all forms of violence against women. A, RES, 64, 137. https://undocs.org/A/RES/64/137

United Nations. (2010b). Elimination of discrimination against women [PDF]. A, HRC, RES, 15, 23. https://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.RES.15.23_En.pdf

United Nations. (2011a). Follow-up to the Second World Assembly on Ageing. A, Res, 65, 182. https://undocs.org/A/RES/65/182

United Nations. (2011b). Open-ended working group on aging for the purpose of strengthening the protection of the human rights of older persons. https://social.un.org/ageing-working-group/

United Nations. (2012). The rights of older persons: protection and gaps under human rights law [PDF]. Social Policy Working Paper, 16. https://social.un.org/ageing-working-group/documents/fourth/Rightsofolderpersons.pdf

United Nations. (2015). Intensification of efforts to eliminate all forms of violence against women and girls. A, RES, 69/147. https://undocs.org/en/A/RES/69/147

United Nations. (2017). Rights of the child [PDF]. A, Res, 71, 177. https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_71_177.pdf

United Nations. (2019). Intensification of efforts to prevent and eliminate all forms of violence against women and girls: Sexual harassment [PDF]. A, RES, 73/148. https://documents.un.org/doc/undoc/gen/n18/445/52/pdf/n1844552.pdf#:~:text=an%20important%20role%2C-,1.,2.

UN Women. (n.d.). Violence against women. https://www.un.org/womenwatch/daw/vaw/v-work-ga.htm