That was one of our concerns when we were preparing this bill. We are very much aware that it is really necessary to protect everything we have gained through case law regarding those types of situations. In the list of factors, paragraph 34(2)(f) that we want to add mentions “the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force”. That list of factors is used to try to reflect what the jurisprudence has established. I think that what is described there leaves the legislation as is.
Adding more elements to the legislation can cause problems, as there is always the risk of saying something that is not exactly correct or something that will become more rigid than what common law calls for.
I think that what we wrote is a good reflection of the law and the jurisprudence, especially when it comes to battered women. That allows the court to continue what it is currently doing, or to do even more if it wishes. We are not inhibiting anything, or taking anything away from the current legislation.