Evidence of meeting #17 for Justice and Human Rights in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was pandemic.
A recording is available from Parliament.
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
Thank you, Madam Chair.
I believe Ms. Bouchard talked about the impact in relation to the Divorce Act.
I gather that controlling or coercive conduct could be considered grounds for divorce.
I was just wondering whether Ms. Bouchard had any other effects in mind when she was talking about the Divorce Act.
Director and General Counsel, Department of Justice
I was actually the one who talked about the Divorce Act.
If I understand correctly, you'd like to know how controlling or coercive conduct would be dealt with under the Divorce Act.
February 2nd, 2021 / 12:35 p.m.
Director and General Counsel, Department of Justice
Provincial family law has a broader scope than the Divorce Act does. The act applies only to certain aspects of the divorce itself, as well as matters related to child support and parenting arrangements.
The amendments in Bill C-78 include a definition of family violence that applies when parenting arrangements are being determined. That has already been covered in the Divorce Act.
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
Sorry to cut you off, Ms. Farid, but I don't have much time. I'll rephrase my question.
I understand that family violence is defined in the Divorce Act, but I was asking about controlling and coercive conduct.
What is the connection between controlling or coercive conduct and the Divorce Act, apart from the fact that it probably constitutes grounds for divorce? How else does it relate to the act?
Director and General Counsel, Department of Justice
The conduct is not specifically included in the act as grounds for seeking a divorce. The conduct is taken into account when the best interests of the child are being determined in order to establish parenting arrangements after the divorce. The term is, however, included in the definition of family violence, which is used to determine the best interests of the child.
For example, if the judge determines that the situation involves coercive and controlling behaviour, the judge could decide not to let a parent have contact with the child.
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
As I understand it, the Divorce Act does not include a definition that sets out exactly what constitutes coercive or controlling behaviour.
Director and General Counsel, Department of Justice
No, “coercive” and “controlling” are the terms used, but they are not defined in the act.
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
They are included in the definition of family violence. Is that right?
Director and General Counsel, Department of Justice
Yes. They are also included in the factors for determining what is in the best interests of the child.
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
I see.
Ms. Farid, do you have anything to add to what Ms. Levman said earlier about the differences between controlling and coercive behaviour, harassment, violence, threats and similar behaviours?
Director and General Counsel, Department of Justice
No, I don't have anything to add as far as those definitions and criminal law are concerned.
Bloc
Rhéal Fortin Bloc Rivière-du-Nord, QC
Do you have any words of caution for us, in terms of allowing some latitude for couples' discussions, which can be heated without necessarily being violent?
Clearly, when a person tells their spouse that they want to want to kill them or break their arm, they are threatening assault, and that is not permitted.
How far can it go? Is there anything you would caution us about, or do you think that's unnecessary?
Director and General Counsel, Department of Justice
The important thing to take into account with respect to coercive and controlling behaviour is whether it constitutes a pattern. In the family environment, it's important to consider not just isolated incidents, but also behaviours that occur over months and years. When incidents occur repeatedly, coercive and controlling behaviour comes into play.
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Thank you very much, Madam Chair.
I want to focus on the link between coercive and controlling behaviour and more severe forms of physical violence. Often when we start this discussion, incidents are cited that some people might regard as trivial. They miss the connection and the pattern of behaviour that leads to further violence.
The most dramatic information I've seen is a study from Australia, which looked at homicides with intimate partner relationships. In a study of 112 of those homicides, they found that 111 cases involved coercive and controlling behaviour.
In a country like ours, where unfortunately, approximately once a week, a woman is murdered by an intimate partner, I think it's very important that we look for tools to intervene earlier.
Is there a possible role for this kind of criminal offence in intervening and preventing more severe forms of violence?
NDP
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Perhaps to Ms. Smylie, but also maybe in terms of the literature that was consulted, to the Department of Justice.
Director General, Communications and Public Affairs Branch, Research, Results and Delivery Branch, Department for Women and Gender Equality
Perhaps, Madam Chair, I'll begin and then pass it over to my colleagues at justice, to comment.
As I have said, the law is certainly outside of my area of expertise, but what I will say is that it points to the patterns that the member has noted in the research, the fact that events do tend to escalate, and the fact that when one woman is killed every seven days by a partner, that isn't the first violence that they have experienced.
