Legal news & strategy
Parental alienation, family violence and family law: Part one
The terms parental alienation syndrome (PAS) and its more recent iteration, parental alienation (PA), have been creating challenges in family law cases involving parenting claims since at least the 1990s. Initially proposed by American psychologist Richard Gardner, PAS was his response to what he claimed were false allegations of child sexual abuse brought by mothers…
Read moreCriminalizing coercive control: Part two via Law360 Canada
Over the past 40 years, we have seen the many ways in which the criminal law has failed survivors of IPV. Criminal law interventions and initiatives – new laws, changes to laws, new court processes, education for those who implement and interpret the law, different approaches to bail and to punishments for those found guilty…
Read moreCriminalizing coercive control: Part one via Law360 Canada
We’ve heard a lot about coercive control in the past few years. Its first big appearance in the legal world came with the 2021 revisions to the Divorce Act which included, among other changes, a definition of family violence that included the phrase “a pattern of coercive and controlling behaviour.” Coercive control is a term…
Read moreAddressing the issue of parental alienation
What is parental alienation? Parental alienation (PA) has been a challenging issue for decades for many women leaving abusive partners. In recent years, the use of PA claims has risen. A common claim by an abusive partner is that the mother is intentionally alienating the children from him when, in fact, she is engaging in…
Read moreHow to assist a woman with a parenting plan
A parenting plan is a written document describing how your children will be raised and how parenting and decision-making will work after you and your partner separate. A clear and detailed parenting plan will minimize your former partner’s ability to find loopholes to exploit to exercise power and control over you and the children.…
Read moreEmergency motions boot camp highlighted at the 11th annual gathering
Luke’s Place held its 11th Annual Family Court Support Worker (FCSW) training in downtown Toronto the week of November 20th. There was quite a buzz of excitement as FCSWs gathered from all over Ontario in person for the first time since the pandemic. One worker said it so well: “It is so good to finally…
Read moreKeira’s law – an important advancement in law when it comes to judicial education on issues of intimate partner violence
Keira’s law is an important advancement in the law when it comes to judicial education on issues of intimate partner violence. Federally, the Judges Act requires that the Canadian Judicial Council consider providing continuing education on intimate partner violence and coercive control in intimate partner and family relationships. In Ontario, the Courts of Justice Act…
Read moreNational day of remembrance and violence against women – a day of action
Here we are, once again, facing December 6th, the National Day of Remembrance and Action, instituted in 1991 to commemorate the women killed in the 1989 Ecole Polytechnique mass shooting.But one minute of silence, one day when Canadian flags are flown at half-mast, one day of remembering, even one day of acting is not enough;…
Read moreReflections on the first year of the national action plan to end gender-based violence
The National Action Plan (NAP) to End Gender-based Violence (GBV) was launched on November 9, 2022 by Women and Gender Equality Canada. On the one-year anniversary, the following represents what gender justice organizations know to date, concerns that remain, and recommendations to move forward collectively with government. What we know: The bilateral NAP agreements have…
Read moreA panel discussion: Criminalization of coercive control in Canada
The creation of a new coercive control offence in the Canadian Criminal Code is being explored following the tabling of two private member’s bills as well as the consideration of information and testimony shared during the study by the Canadian House of Commons Standing Committee on Justice and Human Rights on controlling or coercive conduct…
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