Good afternoon.
The Coalition of Families Victims of Post-Separation Abuse is composed of survivors, along with allies such as lawyers, medical professionals and mental health professionals. Our mission is to give survivors a voice, as we felt unheard.
Today we want Canadians and this committee to know that leaving does not stop the abuse. In fact, it often escalates it. Coercive control is the gateway to domestic abuse, post-separation abuse, parental alienation allegations and legal abuse, and at times it ends in femicide and filicide.
Our social and judicial professionals and institutions are often leveraged by abusers to continue to perpetuate abuse. At times, these professionals are complicit.
Femicide occurs every two and a half days in Canada, and 62% of perpetrators were either a current or former partner.
In the name of youth protection and judicial independence, the Charter rights of families are violated.
I'd like to start with an example in Atlantic Canada.
A father has been convicted of raping the mother. Child protective services confirmed the abuse of all four children by the father. Child protection services removed its supervision services, resulting in the father's criminal undertakings being modified. However, supervision remained at the mother's request, despite pressure from the family court.
Meanwhile, the perpetrator is requesting spousal support and fifty-fifty parenting time at the family court trial, and he will likely be incarcerated at the time of trial.
The victim, a health professional who regularly sees victims of domestic violence, worries about recommending that women leave an abuse situation, as she is cognizant that leaving the relationship to protect herself means she may not be able to protect her children.
In Quebec, the programme sociojudiciaire is co-authored and managed by the Quebec youth court judges and the DPJ. It states that protective parents, usually the mothers, exhibit alienating behaviours since they often have a personality disorder or mental health problems. This same document states that alienation is a type of psychological abuse, which they refer to as
a “severe separation conflict” or a “loyalty conflict.”
Thus, survivors are faced with systemic discrimination and with judicial bias about mental health. For example, a father is charged with four counts of aggravated assault and two counts of sexual assault. The mother loses custody as she is seen as attacking the father and is labelled as “alienating” due to the children disclosing the abuse to police. A five-day criminal trial occurs. In case of conviction, the DPJ is planning an alternative placement as the mother is unsuitable as she continues to maintain that the father is dangerous.
Let's be clear: These “attacks” they're speaking about are the mother going to police and testifying in criminal court. Cases like this are rampant. They are further complicated as they are seized by Quebec youth court, and the Quebec Court of Appeal does not hear appeals from parents. Children placed in youth centres, whose intent is to improve their lives, are routinely confined to cell-like concrete isolation rooms and abused by staff. When girls run away, they are strip-searched upon their return. Our children are not convicted felons, yet they are being treated as such.
In Ontario, a mom discovered evidence that her teen son was being sex trafficked in foster care. She brought the evidence to police and CAS. In retaliation, CAS accused the mom of sex trafficking her younger children and cut off her parenting time, yet the police laid charges and convicted the person of drugging and assaulting her son. This mom has video evidence of fentanyl on the table, with dad with the kids nearby, and dad's girlfriend shooting up, along with countless videos taken by concerned neighbours.
Also in Ontario, there is an issue with Superior Court judges, as they are routinely ordering custody reversals due to alienation allegations, and ordering reunification therapy without consent and reunification camps. The camps occur in Ontario, but children are also sent to the U.S.A. This violates charter rights and the Canada Health Act as they pertain to consent to medical treatment and the child's right to have a say, as per the UN declaration of rights.
In western Canada, a father maintained fifty-fifty custody after being charged with assault. He had strangled the mother while the baby was in her arms. He pleaded to a lesser charge. He continues to have unsupervised access and has continued his teaching career.
Clearly, courts are not prioritizing the child's or the mother's right to safety under section 7 of the charter.
In conclusion, many women feel they will only be free once murdered by their abuser. The voices of too many children are being silenced by death. Despite jurisdictional challenges, we implore the House of Commons and the government to make legislative changes to prioritize children and victim safety, along with stronger implementation of the charter.
Thank you.