Family violence, formerly known as “domestic violence”, is an all-too-common problem for all too many Canadians. In 2021, over 127,000 people reported being the victims of family violence, receiving physical or mental abuse from their spouse, parents, children, siblings, or extended family members. And these numbers only reflect the instances of police-reported violence. Fearing retaliation, it’s estimated that 4 out of 5 victims do not report their abuse to the police – and suffer in silence.
This problem grows by the day. In Ontario, 26 regions have already voted to label family violence as an epidemic, calling on the province to dedicate more resources to victim service providers. It’s hard to point to an exact cause for this new wave of violence. While some say the COVID-19 pandemic is at fault – forcing victims to stay with their abusive family members – the increase in family violence predates COVID by almost half a decade. Between 2016 and 2021, the rate of family violence increased every single year, with a sharp increase during the pandemic, but an increase that’s part of a longer, overarching trend.
While the cause for this problem is unclear, part of the solution to this problem is evident: the civil justice system. Through the civil justice system, victims of family violence can petition to separate from abusive partners, seeking a life free from the shackles of violence. And yet, when many of these victims turn to the justice system for support, they fall through the gaps. They do not receive the support they deserve. For instance, a recent Quebec study followed 52 women who were the victims of family violence; of those who began legal proceedings, none said they’d recommend the complaint process. Many complained the legal process was onerous, overcomplicated, and overly intimidating. Our civil courts fail them, and justice remains inaccessible.
These failures must be seen through a gendered lens; of reported cases, 79% of family violence victims are women and girls. In the civil justice system, judges often lack the sensitivity training to handle family violence cases, especially for women victims. A recent report by CBC News found that judges often fail to recognize signs of non-physical abuse. For instance, perpetrators often exercise “coercive control”, silently abusing and manipulating their partner: destroying their work clothing, hiding their car keys, or keeping them up throughout the night. This is rarely seen as family violence by judges, and can result in the awarding of joint custody of children to both a family violence perpetrator and victim. And, since there is no right to counsel in the civil justice system, many victims cannot afford representation – and must rely on a pro-bono lawyer, if one exists.
There have been positive signs – signs that this crisis might be getting the response it deserves. Last year, the Department of Justice (DoJ) announced almost one million dollars in funding for judicial sensitivity training, teaching judges to recognize non-physical signs of abuse. Through its Family Violence Initiative, The DoJ also funds projects aimed at improving the justice system’s response to family violence, indicating that this is an important, slow-burning issue for the federal government. On Parliament Hill, Bill S-249, which sets out a national strategy for the prevention of intimate partner violence, has just finished its second reading in the Senate, and will set a new framework for reducing family violence. However, the federal government alone cannot fix this crisis. To end family violence in this country requires all of us – provinces, municipalities, individual citizens – to do our part.
For provinces, to lower the requirements for legal aid – requirements which bar thousands of marginalized individuals from seeking help – so that the voices of all victims are fully heard in court.
For municipalities, to recognize the epidemic that now faces us, joining the regions that have already seen this crisis for what it is, and are now calling for additional victim support services – so that the mother who’s beaten by her husband, or the grandfather who’s coerced into changing his will, feels empowered to leave their abusive relationships, and engage with our justice system in the first place.
For individual citizens, to do what they can – whether that’s volunteering for women’s shelters, or donating to victim support services, so that, one by one, we can help those who need it most.
The victims of family violence deserve more. They deserve solutions. They deserve to know that Canada’s justice system is behind them – not just in word, but in deed. Our justice system can no longer be part of the problem – it must be part of the solution.
