Domestic violence: a message
to send to abusers
New Crown boss calls for tougher sentences for domestic violence
The new boss of the Crown attorneys believes that his troops must demand harsher prison sentences to tackle the scourge of domestic violence and the wave of feminicides, which he describes as a "collective tragedy".
"It is certain that if we ask for more severe sentences [to the judges] and that we obtain more serious sentences, it is likely to encourage more victims to denounce and that sends an important message of social disapproval to the aggressors. », Declared M e Patrick Michel during an interview with our Bureau of investigation on Wednesday.
"It is certain that if we ask for more severe sentences [to the judges] and that we obtain more serious sentences, it is likely to encourage more victims to denounce and that sends an important message of social disapproval to the aggressors. », Declared M e Patrick Michel during an interview with our Bureau of investigation on Wednesday.
Appointed Director of Criminal and Penal Prosecutions (DPCP) last April for a seven-year term, the 44-year-old lawyer says he is spending sleepless nights at the idea that a victim of domestic violence may have escaped the vigilance of the system.
He also took care to specify that this is not the case of Nathalie Piché, victim of the newest femicide committed in Quebec (13 th year), which had filed a complaint against her husband, Noureddine Mimouni before retracting.
Not forced to testify
“Our directives, our processes were followed and respected. We tried to do everything we could to keep the victim engaged in the system. There is a social choice that has been made, we sometimes forget it, not to force the victims to testify, not to proceed against their will, ”specified M e Michel in a rare release from the conference. big boss on a topical issue.
The lawyer with 21 years of experience makes it a point of honor to be even more transparent with the population regarding the decisions and practices of his organization ( see text below ).
The door is open
Patrick Michel believes that the current social context, coupled with the more repressive tangent that the higher courts are taking, opens the door to longer prison sentences in cases of domestic violence.
During our interview, M e Michel cited the example of a recent decision of the highest court of the province who sided with the Crown by doubling the prison sentence of a violent man, Patrick Davidson.
In May 2019, this Montrealer was sentenced to 12 months in prison for breaking into the home of a lady he was dating without permission. There, he punched the woman in the face, breaking her nose, in addition to pushing her into a wall, all while he was severely intoxicated.
Judge Joëlle Roy first followed the recommendation of the defense lawyer in all respects, insisting that Davidson had undergone therapy, that he was now sober and that he had completed studies in healthcare. nurses.
The Court of Appeal nevertheless decided that the magistrate had committed an error "by not giving more weight to the objectives of denunciation and deterrence", concepts on which the Court has however emphasized on numerous occasions.
“Indeed, the sentences in this matter pursue two main imperatives: to denounce the unacceptable and criminal nature of domestic violence and to strengthen the confidence of victims and the public in the administration of justice,” Judge Stephen W wrote in English. Hamilton, by reducing the criminal's sentence with a heavy judicial record to 24 months in prison.
This decision, the Office of the Legal Service of the DPCP has widely disseminated it to its prosecutors, in a memo of which we have obtained a copy, underlining the previous paragraph in broad outline.
"Our prosecutors are using it to demand greater sentences," noted M e Michel.
collective tragedy
The latter also believes that it is not necessary to give a specific directive in this direction to his teams of “committed and seasoned” prosecutors, since they are already aware of the scourge to be fought.
“A feminicide in a case of domestic violence is a tragedy in itself. In a context like that, where it's repetitive,
it's a collective drama, ”he summed up.
What he thinks of ...
UPAC'S FAILURES BEFORE THE COURTS
“Certain cases are under appeal and we have points of law to argue. The fight is not over. It may still be a bit early to judge our results. "
VIRTUAL JUSTICE SINCE THE PANDEMIC
“There are parts of the criminal process [like court appearances] that lend themselves very well to that and I think [the program] TEAMS is here to stay. If there are credibility issues [of the witnesses], documents to show, plans to make, we may not be there yet. "
The DPCP relies on more transparency with the population
The DPCP's mission is to be more transparent with citizens, both to explain the sometimes controversial decisions and to rectify the situation when necessary.
“I see that there is more to do in terms of communications. [...] I am aware that the expectations of the population towards the personal accountability of managers have never been higher as only "noted M e Patrick Michel.
If we have rarely seen his predecessor, M e Annick Murphy, making public outings,
this should change with the arrival of the new boss of the DPCP.
No longer present
In office for two months, he has already launched a reflection to see how his organization can improve its contacts with the population and demystify its role in the judicial sphere.
"We want to determine in which cases it is necessary or appropriate to make media outlets to explain the decisions that we take that are controversial or that could affect the public's confidence in our institution or in the justice system," said M e Michel. .
Although the DPCP already has an official spokesperson, Patrick Michel says he will not hesitate to speak up himself when necessary.
“For example, when there is reason to admit an error that we may have made or to observe
a dysfunction in our practices and to commit to correcting it. "
In other cases, he also intends to leave more room for prosecutors who work directly in the field.
Recently, M e Caroline Buist, one of the lawyers who made condemn the killer Benoit Cardinal, was interviewed on the set of T veryone speaks .
"It is my will that see us more in a setting where we joined Mr. and Mrs. All-the-World that have expectations of us that are quite legitimate," summarized M e Michel.
No need to be perfect
The boss of the DPCP also knows that there is a lot to be done about the misperception of people according to which the majority of sexual abusers get away with it, a perception that has gained momentum after the acquittals of Eric Salvail and Gilbert Rozon.
"We have always had at the DPCP a certain modesty in highlighting or promoting cases where convictions are obtained," he said, adding that this could change.
And for him one thing is clear: “We are not looking for the perfect victim. We will probably have to demystify this concept that the system requires the perfect victim, ”said M e Michel, echoing the documentary on this theme produced by journalists Monic Néron and Émilie Perreault, which takes the bill. June 30.
He also took care to specify that this is not the case of Nathalie Piché, victim of the newest femicide committed in Quebec (13 th year), which had filed a complaint against her husband, Noureddine Mimouni before retracting.
Not forced to testify
“Our directives, our processes were followed and respected. We tried to do everything we could to keep the victim engaged in the system. There is a social choice that has been made, we sometimes forget it, not to force the victims to testify, not to proceed against their will, ”specified M e Michel in a rare release from the conference. big boss on a topical issue.
The lawyer with 21 years of experience makes it a point of honor to be even more transparent with the population regarding the decisions and practices of his organization ( see text below ).
The door is open
Patrick Michel believes that the current social context, coupled with the more repressive tangent that the higher courts are taking, opens the door to longer prison sentences in cases of domestic violence.
During our interview, M e Michel cited the example of a recent decision of the highest court of the province who sided with the Crown by doubling the prison sentence of a violent man, Patrick Davidson.
In May 2019, this Montrealer was sentenced to 12 months in prison for breaking into the home of a lady he was dating without permission. There, he punched the woman in the face, breaking her nose, in addition to pushing her into a wall, all while he was severely intoxicated.
Judge Joëlle Roy first followed the recommendation of the defense lawyer in all respects, insisting that Davidson had undergone therapy, that he was now sober and that he had completed studies in healthcare. nurses.
The Court of Appeal nevertheless decided that the magistrate had committed an error "by not giving more weight to the objectives of denunciation and deterrence", concepts on which the Court has however emphasized on numerous occasions.
“Indeed, the sentences in this matter pursue two main imperatives: to denounce the unacceptable and criminal nature of domestic violence and to strengthen the confidence of victims and the public in the administration of justice,” Judge Stephen W wrote in English. Hamilton, by reducing the criminal's sentence with a heavy judicial record to 24 months in prison.
This decision, the Office of the Legal Service of the DPCP has widely disseminated it to its prosecutors, in a memo of which we have obtained a copy, underlining the previous paragraph in broad outline.
"Our prosecutors are using it to demand greater sentences," noted M e Michel.
collective tragedy
The latter also believes that it is not necessary to give a specific directive in this direction to his teams of “committed and seasoned” prosecutors, since they are already aware of the scourge to be fought.
“A feminicide in a case of domestic violence is a tragedy in itself. In a context like that, where it's repetitive,
it's a collective drama, ”he summed up.
What he thinks of ...
UPAC'S FAILURES BEFORE THE COURTS
“Certain cases are under appeal and we have points of law to argue. The fight is not over. It may still be a bit early to judge our results. "
VIRTUAL JUSTICE SINCE THE PANDEMIC
“There are parts of the criminal process [like court appearances] that lend themselves very well to that and I think [the program] TEAMS is here to stay. If there are credibility issues [of the witnesses], documents to show, plans to make, we may not be there yet. "
The DPCP relies on more transparency with the population
The DPCP's mission is to be more transparent with citizens, both to explain the sometimes controversial decisions and to rectify the situation when necessary.
“I see that there is more to do in terms of communications. [...] I am aware that the expectations of the population towards the personal accountability of managers have never been higher as only "noted M e Patrick Michel.
If we have rarely seen his predecessor, M e Annick Murphy, making public outings,
this should change with the arrival of the new boss of the DPCP.
No longer present
In office for two months, he has already launched a reflection to see how his organization can improve its contacts with the population and demystify its role in the judicial sphere.
"We want to determine in which cases it is necessary or appropriate to make media outlets to explain the decisions that we take that are controversial or that could affect the public's confidence in our institution or in the justice system," said M e Michel. .
Although the DPCP already has an official spokesperson, Patrick Michel says he will not hesitate to speak up himself when necessary.
“For example, when there is reason to admit an error that we may have made or to observe
a dysfunction in our practices and to commit to correcting it. "
In other cases, he also intends to leave more room for prosecutors who work directly in the field.
Recently, M e Caroline Buist, one of the lawyers who made condemn the killer Benoit Cardinal, was interviewed on the set of T veryone speaks .
"It is my will that see us more in a setting where we joined Mr. and Mrs. All-the-World that have expectations of us that are quite legitimate," summarized M e Michel.
No need to be perfect
The boss of the DPCP also knows that there is a lot to be done about the misperception of people according to which the majority of sexual abusers get away with it, a perception that has gained momentum after the acquittals of Eric Salvail and Gilbert Rozon.
"We have always had at the DPCP a certain modesty in highlighting or promoting cases where convictions are obtained," he said, adding that this could change.
And for him one thing is clear: “We are not looking for the perfect victim. We will probably have to demystify this concept that the system requires the perfect victim, ”said M e Michel, echoing the documentary on this theme produced by journalists Monic Néron and Émilie Perreault, which takes the bill. June 30.
Surveys
Claudia Berthiaume
https://www.journaldemontreal.com/2021/06/20/violence-conjugale-un-message-a-envoyer-aux-agresseurs
Claudia Berthiaume
https://www.journaldemontreal.com/2021/06/20/violence-conjugale-un-message-a-envoyer-aux-agresseurs