Category Archives: State Responses to Violence

Domestic Violence and Access to Justice: A Mapping of Relevant Laws, Policies and Justice System Components Across Canada

By: Jennifer Koshan, Janet Mosher and Wanda Wiegers

PDF Version: Domestic Violence and Access to Justice: A Mapping of Relevant Laws, Policies and Justice System Components Across Canada

Matter Commented On: eBook on Domestic Violence Law across Canada, 2020 CanLIIDocs 3160

November 25 to December 10 marks the 16 Days of Activism Against Gender-based Violence provincially, federally and internationally. This is therefore an apt time for the publication of our new eBook on domestic violence law across Canada on Can LII (available at 2020 CanLIIDocs 3160). This eBook is the first resource to systematically document all of the laws and government policies that pertain to domestic violence across the country as a first step in providing access to justice. Several of the laws and policies we discuss in the eBook have been previously addressed in ABlawg posts (see e.g. Clare’s Law: Unintended Consequences for Domestic Violence Victims?; Mandatory Dispute Resolution Coming Back to Alberta, But What About Domestic Violence Cases?; Alberta’s Family Violence Laws: Intersections, Inconsistencies and Access to Justice). This post reproduces the Introduction and User Guide for this new eBook, which is aimed at people working with and supporting survivors of domestic violence, as well as researchers and government actors.

Continue reading →

Domestic Violence and Legal Responses to COVID-19 in Alberta

By: Jennifer Koshan

PDF Version: Domestic Violence and Legal Responses to COVID-19 in Alberta

Matters Commented On: Ministerial Order No 2020-011 (Community and Social Services); Court of Queen’s Bench Of Alberta, Amended Master Order #2 Relating to Court’s Response to the COVID-19 Virus; Court of Queen’s Bench Of Alberta, Pandemic Operations/ FAQ; The Provincial Court of Alberta, COVID-19 Pandemic Planning for the Scheduling of Matters

Many commentators have remarked on how COVID-19 and government orders to self-isolate will lead to increased rates of domestic violence and adversely impact victims of domestic violence seeking protection. Last weekend, for example, UN Secretary General António Guterres remarked that there has already been a “horrifying global surge in domestic violence” and urged “all governments to make the prevention and redress of violence against women a key part of their national response plans for COVID-19.” The law clearly has a significant role to play in this context. As noted in a previous post, domestic violence matters engage many legal issues: civil protection order law, criminal law, family and child protection law, residential tenancies law, social assistance and housing law, and employment law, to name a few. This post reviews some of the efforts of lawmakers and courts in Alberta to respond to domestic violence issues in light of the COVID-19 pandemic and identifies some areas where further measures are needed. My focus is on domestic violence – in other words, violence in the context of intimate partner relationships – rather than child or elder abuse. Child and elder abuse cases also present challenging issues in the current pandemic, but they are beyond the scope of my analysis here. Continue reading →

Coercive Control: What Should a Good Lawyer Do?

By: Deanne Sowter

PDF Version: Coercive Control: What Should a Good Lawyer Do?

Matter Commented On: Federation of Law Societies Model Code of Professional Conduct, Rule 3.3-3

I am currently conducting research to determine whether coercive control can be considered psychological harm for the purpose of the future harm exception to confidentiality and solicitor-client privilege. (FLSC Model Code R 3.3-3; Smith v Jones, [1999] 1 SCR 455 (SCC)) My research is supported by the OBA Fellowship in Legal Ethics and Professionalism Studies. In that research I’m determining whether a lawyer can disclose, but doing that research has provoked me to wonder whether a lawyer should disclose.

Continue reading →

Clare’s Law: Unintended Consequences for Domestic Violence Victims?

By: Jennifer Koshan and Wanda Wiegers

PDF Version: Clare’s Law: Unintended Consequences for Domestic Violence Victims?

Bill Commented On: Bill 17, Disclosure to Protect Against Domestic Violence (Clare’s Law) Act

On Wednesday the Alberta government introduced Bill 17, the Disclosure to Protect Against Domestic Violence (Clare’s Law) Act. Plans for this law were announced during the spring 2019 election campaign by the United Conservative Party (UCP). Given that the UCP voted against several measures to combat violence against women introduced by the previous NDP government, it is worth exploring why this government might prioritize such a law and what its impacts – both intended and unintended – might be. Continue reading →

Ontario’s Review of Family and Civil Legislation, Regulations, and Processes: The Need to Prioritize Domestic Violence

By: Janet Mosher, Jennifer Koshan and Wanda Wiegers

PDF Version: Ontario’s Review of Family and Civil Legislation, Regulations, and Processes: The Need to Prioritize Domestic Violence

Matter Commented On: Ontario Ministry of the Attorney General, Review of Family and Civil Legislation, Regulations, and Processes

On July 9, 2019, the government of Ontario announced that the Parliamentary Assistant to the Attorney General, Lindsey Park, was undertaking a review of family and civil legislation, regulations, and processes. According to the news release, “The review will explore ways to simplify family and civil court processes, reduce costs and delays, and encourage the earlier resolution of disputes.” More specifically, the Ministry of the Attorney General is seeking to:

  • direct family law matters out of a combative court process, where possible;
  • reduce the cost of the process to families and taxpayers; and
  • streamline the processes to shorten the time to resolution.

Continue reading →