In the past years, society as a whole and our criminal courts have emphasized the pressing need to actually address domestic violence. Most cases of domestic violence that are before our criminal courts involve intimate partner violence. Despite numerous calls to action, these numbers continue to rise. Unfortunately, this year alone, Montreal has had 17 deaths alleged to be related to intimate partner violence.
In Canada, the federal government’s response to this issue has largely been legislative. In 2019, the Liberal government passed an omnibus bill which included provisions to address intimate partner violence through additions to the Criminal Code. Judges are now asked to consider whether individuals charged with and awaiting trial for offences relating to intimate partner violence should be released on bail. As well, new clauses ask judges to consider intimate partner violence as an aggravating factor on sentencing. Sentences must also be imposed which denounce and deter individuals from committing acts of domestic violence. Generally speaking, this means that sentencing principles such as rehabilitation and reintegration into society take a back seat. Ultimately, this has translated to lengthier jail terms for offenders.
Ending intimate partner violence is an urgent priority, and legislators and courts can and should be taking steps to address this crisis. Unfortunately, the way we have chosen to deal with domestic violence, and specifically the legislative amendments made, have meant that our courts have taken a tough-on-crime mentality towards this issue.
While domestic violence cases should be taken seriously and those guilty of these offences held accountable, Canada's criminal system does very little to keep our communities safe and end recidivism (the tendency of a convicted criminal to reoffend). The solution to safer communities and the path towards rehabilitation does not begin with prisons. The threat of jail time does not prevent individuals from committing crime, and sending offenders to prison is a short-sighted solution – one that does nothing to rehabilitate those who will return to our communities after serving time.
This is especially true when we consider that most individuals serving jail sentences for offences related to intimate partner violence serve them in provincial prisons, the majority of which lack any resources or programs to rehabilitate individuals. They rarely offer counselling or therapy sessions, and this is even more true since COVID. Individuals may leave jail worse than when they entered, often having lost a job and housing, with no steps closer towards rehabilitation.
Ending intimate partner violence starts with providing individuals and families with stable and safe housing. It includes community based mental health and addictions supports that do not have yearlong waitlists. It requires early education at primary and secondary school levels. We must also remember that many individuals charged and/or convicted of intimate partner violence have themselves been victims of trauma. They may be dealing with serious mental health issues or substance abuse issues.
Building safer communities and creating meaningful change requires addressing the root causes of domestic violence. The root cause of domestic violence isn’t that we aren’t tough enough on crime. In fact, this method has proven to fail us time and time again. The same factors driving intimate partner violence are the same realities of many upon leaving jail. We are creating cycles of violence. It’s time we move away from legislating tough-on-crime mentalities towards domestic violence to truly investing in safer communities.
Cassandra Richards (she/her) is a criminal lawyer at Hale Criminal Law Office and a collaborator on iMPACTS. She lectures at McGill University and researches on criminal law and access to justice. You can read more of her publications here.
