The justice system: an additional burden for women victims of domestic violence

It is Sunday, February 21 in Laval. Dawn is still pale when we find Marly Édouard dead. She was a radio presenter, she was 32. Two days earlier, on Friday 19, she called the police after receiving death threats from her partner's ex-spouse. The police came, met her and left. His complaint was not followed up. But the threat was very real. Four more femicides have taken place in the last two weeks.

Nancy Roy was killed by her partner in Saint-Hyacinthe, Elisapee Angma by her ex-spouse in Kuujjuaq, and Myriam Dallaire and Sylvie Bisson by Myriam's violent spouse in Sainte-Sophie. On this International Women's Rights Day, let's remember that 78% of victims of domestic violence are women. A figure that is not due to chance. “Despite the progress made on the issue, it is still widely believed that domestic violence covers isolated cases or accidents,” says Louise Riendeau, coordinator of political issues at the Reunification of Houses for Women Victims of Domestic Violence.

‍

This violence is in fact a sign that inequalities between men and women persist.” For victims of domestic violence and survivors, the entire system must be changed.

‍

A cumbersome and unfair process

‍

Béatrice* separated from her former spouse in February 2015, after years of domestic violence. The entire judicial process ended in December 2020. For her, these five years were exhausting and very expensive. Like many female victims of domestic violence, she was in a state of post-traumatic shock throughout the process. “We [the victims] have the burden of proof, but we don't have the means to. You really have to be insightful and play detective. It is up to the woman to do everything,” she is outraged, mentioning “the monk's work” she did to collect evidence to prove the truth of her story.

‍

And the number of failures it has faced is difficult to summarize. Stakeholders from the Department of Youth Protection (DPJ) regularly questioned his version and told him: “It is up to you to protect your child. If your child is scared and doesn't want to sleep at his dad's house, maybe you're the reason.”

‍

Her family law lawyer did not hear her: “The judge won't believe you; it's your word against the father's.” For Béatrice, all this reveals “numbness in the face of domestic violence.”

‍

An absurd judgment

‍

‍

We are in December 2020. The trials are over, the verdicts are in, but Béatrice is desperate. “I have ended up being heard, but not my child,” she regrets, helplessly. The father obtained custody of his daughter from the family court two out of three weekends and he has visitation rights on Wednesday evenings. However, at the end of the criminal trial, the man was found guilty of criminal harassment—because there is no such thing as a domestic violence crime.

‍

He had since been forbidden to contact the mother and her daughter. However, the criminal and family courts do not communicate with each other, which Béatrice finds absurd and frustrating. To respect the judgment rendered by the family court and the will of the father, she still lives in the same village as her former spouse. “Today, my ex still has control over me through my child,” she says. Her daughter was, however, the one she wanted to protect. She tells us with horror and despair how her child is marked by the domestic violence that has broken the family up. “She suffers from an anxiety disorder, has problems at school and does not speak.

‍

She also has an attachment disorder, she blocks her emotions.” Problems that may be irreversible if she continues to go to her father, according to the child psychologist. Paralyzed by the family court judgment, Béatrice continues to send her daughter to her father. For her, it's as if she were trivializing violence. “I'm giving her the message that 'it's okay my owl, you can go, '” she says with emotion. “I'm giving her the message that 'it's okay my owl, you can go.'”

‍

In a last breath of hope, determined to protect her daughter, she sent her story to some 30 members of the federal and provincial governments and to four media outlets. She wrote an 11-page essay and recorded a 30-minute podcast. Her overboard bottle has received a few heartfelt responses, promising to take action, but she is still waiting.

‍

‍

Cul-de-Sac

‍

‍

In an attempt to correct these shortcomings, the committee of experts responsible for improving support for victims of sexual assault and domestic violence published a Report in December 2020. Among the 190 proposals made, we find that of forming a specialized court in matters of sexual assault and domestic violence. The February 8, the Minister of Justice, Simon Jolin-Barrette, formed a working group to set up this new body. An idea welcomed by Béatrice, even if she “waits to see”. For her, the report contains interesting elements, but she considers it incomplete.

‍

“It's great for current victims, but what do we do with those who are experiencing post-marital abuse or children? ” she asks. Indeed, the two trials she went through did not change the father's life, while those of Béatrice and her daughter will never be the same again. For the moment, Béatrice has no recourse. “I am afraid that the father will renegotiate the agreement. If I go back to court, I can no longer use the evidence that was used for the other judgments. Now I am afraid”, she explains. With her daughter not speaking out and the evidence now useless, the mother feels stuck in a cul-de-sac.

‍

“We perpetuate violence from generation to generation in the hope that it will change”, notes Béatrice. In fact, more than one in five victims of domestic violence witnessed it during their childhood, according to the most recent Data from Statistics Canada.

‍

Inconsistencies between courts

‍

Since March 1, a new Divorce Act is likely to change the situation in Quebec. The family court judge must now be aware of the decisions of the other courts. In addition, psychological domestic violence is now taken into account. “The incoherence between the courts has been talked about for years. We hope that this law will change,” explains Louise Riendeau. “For the moment, this only concerns married couples, but it is already encouraging,” adds the coordinator, however. All that remains is for judges and lawyers to be aware of these issues in order to apply these measures.

‍

In addition, Ms. Riendeau criticizes the judicial system for not recognizing everything as domestic violence. “Not all assaults are recognized as reprehensible offences, even though they can do much more harm to women,” she regrets. In the case of harassment, for example, there must have been several incidents for this mischief to be taken into account.

‍

‍

Stereotypes

‍

It is also necessary to remember that, beyond the laws, domestic violence is still surrounded by persistent stereotypes. “Even if we have shown the consequences of violence on children, we still think that it stops after separation,” explains Ms. Riendeau. These preconceived ideas also persist among youth protection workers, lawyers and the police force. And they have an influence on the intervention and support of victims, according to her.

‍

“Although we've been talking about it for over 40 years, the link between domestic violence and patriarchy isn't always clear. We will think that it is a news item, that it is someone who has a mental health problem,” she continues. The coordinator believes that this is a problem and that we must continue to talk about it and make this connection. “The lack of equality between men and women means that it always happens,” she continues.

‍

Safety

‍

Anne* lived with an abusive spouse for two years. She managed to leave after he strangled her. It took her several days to sign her complaint, because she did not want to “harm him.” The case was postponed several times, and the trial finally took place in February 2021. As in many cases, Monsieur pleaded guilty and was found as such.

‍

He obtained an unconditional discharge and received no psychological follow-up. Anne is neither surprised nor disappointed: “I'm tired, I was just waiting for him to be convicted, because I can't forget the evening when he strangled me.” To ensure her protection after the breakup, Anne had to buy a surveillance camera and have her computer checked to protect her accounts and information. “I got a ban on him coming on my street and communicating with me directly or indirectly,” she explains.. Because she still lives in the same village as him, she regularly found herself in front of her attacker, despite the ban.

‍

“I saw him twice last summer because our children go to the same day camp. Both times it parked right in front of me. He never got out of the car,” she recalls. Anne is far from being the only one for whom the ban on contact is insufficient to guarantee her safety. It is common for it to be neither respected nor monitored, as denounced by a research report published in November 2020.

‍

“The Ministry of Public Security will also conduct a feasibility study on the implementation of anti-reconciliation bracelets as a means of preventing spousal homicides,” Paul-Jean Charest, spokesperson for the Ministry of Justice, wrote to us. However, he wanted to specify that, “for protection to be effective, complainants must report breaches so that charges can be laid.”

‍

‍

Train all stakeholders

‍

‍

To overcome all these shortcomings, the report of the committee of experts published last December proposes to increase the number of prosecutors, but also to train the various actors who intervene in cases of domestic violence. For Louise Riendeau, this training would allow them to detect domestic violence, even in the apparently most thoughtful actions.

“When it comes to domestic violence, a situation that we see a lot is when the abusive spouse buys all of his wife's clothes. It sounds charming, but when you know yourself, you know it's a way of controlling what she's wearing,” she says. Counsellors working in homes for women victims of domestic violence have a major role to play here: “Their expertise must be used to train the people at the DPJ, the police, and to work on risk assessment.”

‍

Indeed, women workers play an essential role in the lives of these women. Béatrice believes that, without them, she would have abandoned her proceedings. “If all this is done, it may be less burdensome for the victim,” hopes Ms. Riendeau. For her, the government is at a “pivotal moment” and must take up the issue. The survivors we met are all living in the hope that policymakers will open their eyes to the situation.

‍

“Let's see how it goes for the victims! Let's look at the consequences on our children,” says Béatrice. In the meantime, women continue to die as a result of domestic violence. In the meantime, Béatrice's daughter continues to carry the burden of domestic violence on her childish shoulders. And celebrating International Women's Rights Day will not be enough to do them justice. “We have to move,” chanted those who are still alive. * The first names of these women have been changed to respect their anonymity.

‍

‍

‍Solutions to improve the situation of women victims of domestic violence

‍

• “We need the same access to justice everywhere in Quebec, not just in major cities,” says Louise Riendeau. The numbers speak for themselves: women living in regions are more at risk. According to the most recent Data According to the Ministry of Public Security, the Côte-Nord region has the highest rate of offenses against individuals in a conjugal context. In 2015, the region had 590 offenses per 100,000 inhabitants. The national average is 269 offences per 100,000 inhabitants.
• The First annual report of the Domestic Violence Death Review Committee was made public in December 2020. This document recommends that actors involved in cases of domestic violence be trained, that the population be sensitized and that tools be developed for the police.
• Bill C-247 proposes to add the Crime of “controlling or coercive conduct” in the Criminal Code. This proposal refers to “coercive control,” a crucial concept in domestic violence that is still struggling to be recognized. Coercive control — which refers to threats, denigration, surveillance or isolation, all the small schemes that help maintain fear and control over one's spouse — has been criminalized under English law since 2015. The adoption of Bill C-247 would recognize and criminalize domestic violence other than physical or sexual violence.