Are we just putting another tool in the hands of abusers?
As we have previously explored in our blog, coercive control is a term that describes a pattern of behaviours, including psychological abuse — which itself can encompass such things as intimidation, demeaning and insulting treatment, verbal abuse, threats, gaslighting, surveilling and stalking — as well as social isolation and financial abuse. Physical violence may or may not be present, but the threat of it is often part of the coercive control.
Over time, coercive control can result in the victim losing her autonomy and sense of self-worth, thinking she is crazy and becoming, essentially, a hostage of the abuser. Many of those subjected to coercive control live in a state of constant fear, always anticipating when the next abusive act is going to happen. It can have a profound impact on children who are exposed to it.
The possible criminalization of coercive control
Coercive control is now included in the definition of family violence in the Divorce Act, but it does not yet appear in the Criminal Code. Some jurisdictions have developed a criminal offence of coercive control, and other jurisdictions are considering doing so. Canada is currently in the process of exploring the criminalization of coercive control.
Our position
On February 7, 2024, Private Member’s Bill C-332 completed Second Reading in the House of Commons and was referred to the Standing Committee on Justice and Human Rights. As we have previously shared, we have serious concerns about both the criminalization of coercive control generally and Private Member’s Bill C-332 more specifically.
We feel strongly that the insidious and seriousness of coercively controlling behaviour needs to be recognized and understood by the legal systems to which survivors turn for help. However, we have serious concerns that criminalization is not the best tool to accomplish this and that the resultant criminal offence will do more harm than good. We recommend that the government build the infrastructure needed to support survivors of intimate partner violence to engage meaningfully with the criminal system before committing to the creation of a new criminal law.
On Monday February 26 at 11:00am, Luke’s Place Advocacy Director, Pamela Cross, appeared before the committee as a witness to share our concerns.
Our concerns are further explored in detail in our newest brief, Criminalization of coercive control: Are we just putting another tool in the hands of abusers to use against their partners?, which has been endorsed by our friends at Action ontarienne contre la violence faite aux femmes, Barbra Schlifer Commemorative Clinic, Centre Victoria pour femmes, CHADWIC Home, CORNERSTONE Family Violence Prevention Centre, Elliot Lake Women Group Inc., Herizon House, Lanark County Interval House & Community Centre, LEAF (Women’s Legal Education & Action Fund), Network of Women with Disabilities NOW, Northwestern Ontario Women’s Centre, North York Women’s Centre, Nova Vita Domestic Violence Prevention Services, Ontario Association of Interval & Transition Houses, Violence Prevention Coordinating Council of Durham, WomanACT, YWCA Cambridge, YWCA Durham, YWCA Peterborough Haliburton, YWCA Sudbury and YWCA Toronto.
More on our advocacy regarding the possible criminalization of coercive control
