Ottawa says it is 'open' to criminalizing
coercive control
The news was a stark reminder last weekend: the justice system is sometimes ill-equipped to counter the dynamics of domestic and family violence and prevent femicide and filicide. To offer a more "vigorous" response to gender-based violence, Ottawa now says it is "open" to creating a coercive control offence in the Criminal Code.
In a recent letter to Ontario's Office of the Chief Coroner, a copy of which was obtained by Le Devoir, Canadian Justice Minister Arif Virani writes that the Canadian government is currently working "to close gaps in the Criminal Code to ensure that the system responds vigorously" to what he calls "the epidemic of gender-based violence."
In response to Le Devoir's questions, Canada's Department of Justice said the government is "open" to criminalizing coercive control and is "working to engage provincial and territorial governments, advocates for victims and survivors of gender-based violence, service providers, academic researchers and other stakeholders to guide this work."
On March 22, the National Assembly unanimously adopted a motion presented by Solidarity MNA Christine Labrie calling for the creation by Ottawa of "a federal-provincial-territorial working group of experts to make recommendations" to create an offence of coercive and controlling behaviour in the Criminal Code.
A first meeting of this working group was held last June, told Le Devoir the office of Quebec Minister of Justice and Attorney General of Quebec, Simon Jolin-Barrette. Broader consultations are expected to take place in the coming weeks, report organizations working with victims.
According to Minister Jolin-Barrette's office, "the Criminal Code does not allow certain manifestations of domestic violence and the significant harm caused by them to be taken into account, since no offence encompasses coercive control in its entirety."
Glass cage Louise Riendeau, of the Regroupement des maisons pour femmes victimes de violence conjugale, has been advocating for the inclusion of coercive control in the Criminal Code for several years. An avenue that would make it possible to more acutely recognize the reality of victims of domestic violence, she says.
Coercive control can be compared to a glass cage in which a partner "imposes his will, his opinions, his way of doing things and his way of thinking by using violent behaviors," summarizes the organization SOS Violence conjugale on its website.
"The victims feel like they are walking on eggshells. If they do not comply with the requirements of the spouse on how to do the cleaning, cooking or raising the children, they can experience consequences, "says Louise Riendeau. Gestures that can sometimes be subtle, or even seem trivial to loved ones, but that destroy self-esteem and the control that the victim has on his life.
Coercive control, which must be analyzed through the lens of power relations, may include physical and sexual violence, but not necessarily. It can manifest itself in humiliation in public, movement control by geolocation, surveillance of text messages, isolation of loved ones, etc.
The information that has circulated about Ianik Lamontagne, the man who allegedly killed his three-year-old twins last Saturday near Joliette before committing suicide, suggests that his behaviors were part of a dynamic of coercive control. According to media reports, the man had placed a GPS tracker in the car of the mother of his children and microphones in his residence following their separation.
No charges of domestic violenceCurrently, there are no criminal offences specifically related to domestic violence in Canada. For a charge to be laid, it must be linked to a specific event in which an offence of assault, harassment or uttering threats was committed.
At the time of the trial, it is risky to account for the general situation in which a victim finds himself, notes Rachel Chagnon, dean of the Faculty of Political Science and Law at UQAM and member of the Institute for Research and Feminist Studies.
"The person [who is the aggressor] is accused of an act, of an event. We're going to [refer] to a punch that was given tonight in such and such a place. It's very difficult to bring into the discussion [in court] what surrounds the punch, everything that is the register of attitude, toxic behaviors that make it not just a punch, but an act of violence that participates in a crime that is much more serious, "analyzes the professor.
Including coercive control in the Criminal Code would "create a crime that, like criminal harassment, is not just based on an event, but that focuses on a typology of behaviour," adds Rachel Chagnon. An offence that would reflect in a "fairer way" the seriousness of the situation and the actions taken against a victim, she continues. Jurisdictions around the world, including Scotland, have legislated in recent years.
Louise Riendeau says she is hopeful that the work led by the federal government will lead to the creation of a coercive control offence. This official recognition would also give better tools to fight femicide, she notes. "Research in the United States has determined that one-third of domestic homicides are murder as the first act of physical violence. While in another research conducted in England, we learn that in 92% of the files studied there had been coercive control before the spousal homicide. »
In a recent letter to Ontario's Office of the Chief Coroner, a copy of which was obtained by Le Devoir, Canadian Justice Minister Arif Virani writes that the Canadian government is currently working "to close gaps in the Criminal Code to ensure that the system responds vigorously" to what he calls "the epidemic of gender-based violence."
In response to Le Devoir's questions, Canada's Department of Justice said the government is "open" to criminalizing coercive control and is "working to engage provincial and territorial governments, advocates for victims and survivors of gender-based violence, service providers, academic researchers and other stakeholders to guide this work."
On March 22, the National Assembly unanimously adopted a motion presented by Solidarity MNA Christine Labrie calling for the creation by Ottawa of "a federal-provincial-territorial working group of experts to make recommendations" to create an offence of coercive and controlling behaviour in the Criminal Code.
A first meeting of this working group was held last June, told Le Devoir the office of Quebec Minister of Justice and Attorney General of Quebec, Simon Jolin-Barrette. Broader consultations are expected to take place in the coming weeks, report organizations working with victims.
According to Minister Jolin-Barrette's office, "the Criminal Code does not allow certain manifestations of domestic violence and the significant harm caused by them to be taken into account, since no offence encompasses coercive control in its entirety."
Glass cage Louise Riendeau, of the Regroupement des maisons pour femmes victimes de violence conjugale, has been advocating for the inclusion of coercive control in the Criminal Code for several years. An avenue that would make it possible to more acutely recognize the reality of victims of domestic violence, she says.
Coercive control can be compared to a glass cage in which a partner "imposes his will, his opinions, his way of doing things and his way of thinking by using violent behaviors," summarizes the organization SOS Violence conjugale on its website.
"The victims feel like they are walking on eggshells. If they do not comply with the requirements of the spouse on how to do the cleaning, cooking or raising the children, they can experience consequences, "says Louise Riendeau. Gestures that can sometimes be subtle, or even seem trivial to loved ones, but that destroy self-esteem and the control that the victim has on his life.
Coercive control, which must be analyzed through the lens of power relations, may include physical and sexual violence, but not necessarily. It can manifest itself in humiliation in public, movement control by geolocation, surveillance of text messages, isolation of loved ones, etc.
The information that has circulated about Ianik Lamontagne, the man who allegedly killed his three-year-old twins last Saturday near Joliette before committing suicide, suggests that his behaviors were part of a dynamic of coercive control. According to media reports, the man had placed a GPS tracker in the car of the mother of his children and microphones in his residence following their separation.
No charges of domestic violenceCurrently, there are no criminal offences specifically related to domestic violence in Canada. For a charge to be laid, it must be linked to a specific event in which an offence of assault, harassment or uttering threats was committed.
At the time of the trial, it is risky to account for the general situation in which a victim finds himself, notes Rachel Chagnon, dean of the Faculty of Political Science and Law at UQAM and member of the Institute for Research and Feminist Studies.
"The person [who is the aggressor] is accused of an act, of an event. We're going to [refer] to a punch that was given tonight in such and such a place. It's very difficult to bring into the discussion [in court] what surrounds the punch, everything that is the register of attitude, toxic behaviors that make it not just a punch, but an act of violence that participates in a crime that is much more serious, "analyzes the professor.
Including coercive control in the Criminal Code would "create a crime that, like criminal harassment, is not just based on an event, but that focuses on a typology of behaviour," adds Rachel Chagnon. An offence that would reflect in a "fairer way" the seriousness of the situation and the actions taken against a victim, she continues. Jurisdictions around the world, including Scotland, have legislated in recent years.
Louise Riendeau says she is hopeful that the work led by the federal government will lead to the creation of a coercive control offence. This official recognition would also give better tools to fight femicide, she notes. "Research in the United States has determined that one-third of domestic homicides are murder as the first act of physical violence. While in another research conducted in England, we learn that in 92% of the files studied there had been coercive control before the spousal homicide. »
