Anna Bradley-Smith  |  April 28, 2021

Category: Legal News

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‘Coercive Control’ Domestic Abuse Could Become a Crime in Canada

Coercive and controlling behaviour in domestic relationships could become a crime in Canada if recently proposed legislation is given the green light.

The House of Commons justice committee tabled a report in Parliament on Tuesday that recommends establishing a national task force to study adding coercive control to the Criminal Code, reports CBC. The task force would have to report to the justice minister within a year.

The legislation defines coercive control as behaviour by a current or former partner or family member that causes a victim to fear they will be physically harmed, causes their mental health to decline, or causes such alarm or distress that there is a substantial adverse affect on day-to-day activities, such as work, school, or a victim’s ability to take care of children, reports CBC.

Victoria’s Regional Domestic Violence Unit Sergeant Mike Darling told CBC that key to the definition was that the control was a pattern of behaviour, rather than a one-off event.

Darling told CBC that evidence could include email or text communications, using technology to track someone’s movements, repeatedly ignoring requests not to contact someone, and interviews with family and friends of the victim. He added that victims being isolated from family and friends and having their GPS monitored were two common examples the unit saw.

He said that currently the main tool against domestic violence were peace bonds, which required victims to prove they are afraid of being physically injured, and the pertinent events had to have occurred within six months.

Member of Parliament Randall Garrison, who introduced the private member’s bill, said that although not all relationships that met the criteria for coercive control resulted in physical violence, it could be an important warning sign.

“Overt physical violence and indeed femicide is almost always preceded by coercive, controlling behaviour,” he told CBC.

Garrison said that he introduced the bill after speaking with several police departments in Victoria, which all reported an increase in domestic violence reports since the start of the pandemic.

“The current structure of the Criminal Code simply makes the police walk away, even when they know that situations are potentially very dangerous. They don’t have the authority to intervene. So it creates that tool for earlier intervention,” Garrison said. Advocates say the bill could also protect children whose parents were in abusive relationships.

If the bill is signed into law, those convicted of coercive control could go to prison for up to five years, reports CBC.

In the US, a law that protects victims of domestic abuse and sexual violence was voted by the House in March to renew. However, the law is likely to face backlash in the Senate due to new firearm restrictions.

If the Senate passes the Violence Against Women Act and President Joe Biden signs it, the law would be reauthorized through 2024. Biden introduced VAWA as a senator in the early-1990s.

Do you think the police should have tools to intervene earlier in domestic violence cases? Let us know in the comments section!

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3 thoughts on‘Coercive Control’ Domestic Abuse Could Soon Become a Crime in Canada

  1. Mindy Legault says:

    This is pathetic, is what they think is a positive step towards ending Intimate Partner Violence ? In Ontario drivers are having their licenses suspended over cold sores. Yet this pandemic still gets zero attention? That’s because reinstating a driver’s license puts money in their pockets. Having court cases clogging up the court process. Paying crown attorneys, and there’s the very slim chance of funds being utilized to feed and house those convicted to actually serve time.
    There is no more victims fund. Victims surcharges don’t go to victims, the victim bill of rights is one of the best jokes in Canadian comical history as it’s more of a suggestion than a insurance of protection, information, participation, restitution and whatever falsehoods that are listed within it. Instead of stating victims must be provided with such and such. Every single “right” says should be provided with such
    and such. We’re not promised anything. Further in the criminal code there isn’t a listing of pertaining to domestic assault. It will be mentioned or flagged in court that the case allegations of partner abuse but that’s where it ends. The punishment will fall under assault. Of which ever degree they think fits.
    Victim impact statement? Yeah if the crown lets you in on the secret date and place. Victims support services? They’re supposed to contact you. But if they send a letter to your residence where you’re not staying at due to fear. Then oh well you won’t know a damn thing or have your pained voice heard. I was abducted and severely beaten. But cops did a half ass job didn’t even press charges on the night of. Representatives of the upholding of Justice didn’t think twice about T’s being crossed or I’s being dotted.
    If there’s ever a class action suit supporting victims that were denied their legal rights in which only revictimized them, only moreso as they know there is no protection nor support from their country that claims to a 1st world country and boosting about being up near the top of safest . I I will be there in which ever way needed. I would love to expose and hold them accountable as is done with with rest of the population.
    Sorry didn’t proof read. Nerve are shot after writing this draft.

  2. "Nora" says:

    Control and abuse were constantly present in my childhood and have affected my life as an adult which I believe is part of why I am in the situation I currently find myself in.
    My former “therapist” is the one abusing me through his flying monkeys to for many years and up to this day although he abused me directly for over 2 years himself. I am only recently learning what coercive control is and am trying my best to recover from all the damage to my physical and mental health his abuse has and continues to have on me.
    Because the impact that narcissists and abusive persons have on their victims is seemingly only in more recent years being more openly accepted or recognized it has been hard to find helpful material to help me to try and heal, particularly because the abuse leaves you feeling crippled to the point where you feel almost unable to do ANYTHING even just look stuff up online. It is even more demoralizing when many people refuse to accept that just because someone is a psychiatrist/psychologist doesn’t mean they are incapable of being the abuser or in any way psychologically abusive. I live in a state of persistent fear and debilitation because of what he and his enablers do to me daily, I feel like I have no voice, no choice, no freedom, no life.
    It is a mental hell that I have no escape from, I hope even if I am not alive to see it, that one day the justice system, laws, mental health fields and the social awareness and human understanding of something as complex as trauma, abuse and narcissistic individuals improve to a point that allows for changes that will provide better protection for the rights life and freedom to all peoples everywhere.

  3. Jinx says:

    My son suffers verbal abuse and parent alienation throughout marriage and divorce.. in front of his children
    I’m disabled and face verbal abuse from my spouse.. scares me..

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