Criminalization of coercive control: shifting the focus to system change before implementation
Last week, Luke’s Place submitted a Brief to the Standing Senate Committee on Legal and Constitutional Affairs on Bill C-332, An Act to amend the Criminal Code (coercive control of intimate partner). This Brief reflects our decades of experience supporting survivors of intimate partner violence (IPV) and navigating the intersections of the family law and criminal law systems. We continue to oppose the criminalization of coercive control due to our concerns with the negative impacts it may have for the women we support, particularly those from marginalized communities. However, we understand that the Bill is likely to pass, so the focus of our Brief is the pressing need to make system change before the new law takes effect to mitigate the harm we are anticipating.
Coercive control encompasses a spectrum of behaviours designed to dominate and diminish a partner’s autonomy. These can include psychological abuse, social isolation, financial control, and threats of violence. It is a profound form of abuse that leaves survivors trapped in a state of fear and powerlessness, with far-reaching impacts on children and families.
Though coercive control is now included in the definition of family violence under the Divorce Act, its potential inclusion in the Criminal Code brings both opportunities and risks when it comes to police being able to properly identify and charge. As our Legal Director Emily Murray notes in an interview with CBA National, “People don’t understand it,” emphasizing the need for comprehensive education and training for police, prosecutors, and judges before any new law comes into force.
In our Brief, we advocate for delayed implementation to allow some of the following systemic changes to happen first:
- Mandatory Education and Training: Training police, judges, and prosecutors on IPV and coercive control.
- Accountability Measures: Evaluating police responses to IPV and implementing consequences for failures.
- Support for Survivors: Expanding access to independent legal advice and criminal court support workers.
- Public Awareness Campaigns: Informing the public about coercive control and its risks.
Luke’s Place supports Women’s Legal Education and Action Fund’s (LEAF) proposal for a Gender-Based Violence Commissioner in Canada, outlined both in LEAF’s report and recent op ed. Emily Murray shared in her recent interview, “We need to look at system changes that focus on prevention rather than continuing to tinker with those that respond after the abuse has happened.”
Luke’s Place remains committed to advocating for survivor-centered, informed approaches to coercive control. Let us act with intention, ensuring that every step forward truly serves survivors and women most in need.
