I am the director of the family and children's law team at Justice Canada. Thank you for the opportunity to say a few words about the inclusion of the concept of coercive and controlling behaviour within federal family law.
Changes to the Divorce Act that will come into effect on March 1, 2021, include a broad, evidence-based definition of family violence that specifically identifies coercive and controlling behaviour.
For the purposes of the Divorce Act, family violence will be defined as conduct that is violent or threatening, that constitutes a pattern of coercive and controlling behaviour, or that causes a family member to fear for their own safety or for the safety of another person.
Behaviour does not have to be a criminal offence to be considered family violence under the Divorce Act. In contrast to the criminal law's focus on determining guilt or innocence, the purpose of the definition of family violence in the Divorce Act is to assist in the determination of the best interests of the child with respect to parenting arrangements, that is parenting time and decision-making responsibilities.
The amended act sets out a list of factors that judges must take into account when considering the impact of family violence on parenting arrangements. It specifically requires judges to consider whether there is a pattern of coercive and controlling behaviour in relation to a family member. Courts must take into account all factors that are relevant to the best interests of the child, and must give primary consideration to the child's physical, emotional and psychological safety, security and well-being.
Coercive controlling violence is more likely than other forms of intimate partner violence to continue and to escalate after separation. Risk often increases after separation because the abuser feels a loss of control. Perpetrators of coercive and controlling violence may be unable to differentiate their role as a spouse from their role as a parent. They may use the children as a way to maintain control over their former spouse. As a result, based on an overall analysis of the best interests of the child, courts may order remedies such as supervised parenting time to protect family members.
Thank you. I would be happy to take any questions.