Good afternoon.
I want to thank the committee members for giving us the opportunity to speak about measures to ensure the safety of women.
The Regroupement des maisons pour femmes victimes de violence conjugale consists of 47 houses that help women fleeing domestic violence. The Regroupement works with a number of partners to improve the justice system's approach to this type of violence.
Let me start by pointing out that intimate partner violence is a specific type of crime. For a long time, it was justified and legitimized by the right of men to subject their spouse to their will. Attitudes have changed, but some men still feel that they can legitimately control their partners.
When an initial charge is brought against a violent spouse, or when a request is made to apply section 810 of the Criminal Code, the spouse will have repeatedly assaulted his partner. These assaults may be considered offences or various forms of coercive control. These assaults aren't isolated incidents. They constitute a pattern of controlling and coercive behaviour over time to establish dominance. Criminal records alone don't help to predict the risks to the victim's safety. To obtain a more accurate picture of this type of crime and to take into account all acts that deprive victims of their freedom and safety, we're calling for the creation of a coercive control offence.
Ultimately, the decision to arrest, detain, prosecute and sentence an offender can't be based solely on the offence committed. The decision must take the context into account. A victim of domestic violence may assault her intimate partner in an act of self‑defence. A spouse may slap his partner after losing his temper during a heated argument. A controlling man may deprive his partner of resources, isolate her, impose rules on her, threaten her when she fails to comply and strike her to show that he means business. These three individuals don't pose the same risks and shouldn't be treated the same way by the justice system.
At the Regroupement, we believe that police officers should receive better training so that they can properly identify and document the history of the relationship. That way, they can differentiate between conflict and coercive control and identify the primary aggressor when a counter‑complaint is filed.
In Quebec, the public safety department has implemented a number of measures at the interim release stage to ensure the safety of victims. These measures include offender assessments, the use of electronic monitoring bracelets, a follow‑up service for accused individuals and a residential community centre accommodation program. However, these programs are used only if the offender appears in court while in custody.
Unfortunately, many police officers, likely owing to the principle of restraint, feel compelled to release violent spouses. We believe that better training in identifying and documenting the grounds of public interest would help them justify keeping more perpetrators of domestic violence in custody until their court appearance. This would make it possible to offer an assessment.
To supplement this training, it would be helpful to create a clear guideline, such as the one included in the recent Bill C‑14. This guideline would state that the principle of restraint doesn't require the release of an accused person if the detention is justified for the safety of the victim.
One limitation of Quebec's program for assessing domestic violence offenders is that the assessment remains voluntary. We believe that giving the court the option of ordering this type of assessment, as proposed in Bill C‑225, would be an avenue worth exploring. The assessment plays a key role in decisions about release, conditions, sentencing and the appropriateness of applying section 810 of the Criminal Code as a preventive measure.
Another factor to consider in ensuring victim safety and public trust is the handling of breaches of conditions. These include conditions set out in a promise to appear, conditions of release or conditions related to section 810 of the Criminal Code. Individuals who violate the conditions imposed by the police or the court should appear in court and carry the burden of proving that their release won't endanger the safety of their victims.
To assess this evidence, all justice system stakeholders must receive training. As we said, a criminal record isn't always enough evidence in cases of domestic violence.
We know that 90% of homicide cases involved coercive control. However, we also know that, in some cases, the homicide or attempted homicide was the first act of physical violence.
We believe that these measures can be useful. However, resources must also be provided to institutions such as police forces and prosecution authorities, and judges must be made aware of the issue. Everyone needs access to these training programs and the staff to carry them out.