Keira’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 requires that all newly appointed judges undertake to participate in courses related to topics that include intimate partner violence and coercive control in intimate partner and family relationships.

Now that these important changes in the law have been made, we are focusing our attention on advocacy related to the content and delivery of the training and education. We want to make sure that survivors and the organizations that support them have a say when it comes to creating and delivering this content and that accountability measures are put in place to make sure judges are implementing what they have learned.

Luke’s Place recently responded to an open call for feedback from the National Judicial Institute (NJI) about the topics that should be included in future judicial training and education. The NJI is the institution that develops and delivers training programs for federally appointed judges. Excerpts from our feedback can be found below.   

We strongly encourage others to submit their own feedback to the NJI by following this link and completing the online questionnaire:

We also encourage anyone wanting to learn more about Keira’s law to view the Learning Network’s webinar series on Keira’s law, which can be found here:

Excerpts from our submission

Question

Consider the perspective of the community organization, professional association or other group of persons you represent, if applicable. In your view, are there any legal issues that judges need to better understand in order to serve the public well?

Our answer

• Impact of intimate partner violence on post-separation parenting arrangements: shared parenting is not always appropriate in cases involving intimate partner violence. Post-separation parenting arrangements need to reflect the reality of the violence, including post-separation violence, and to protect against any future harm. The education should draw from existing research and reports on this issue, including:

When shared parenting and the safety of women and children collide

Making appropriate parenting arrangements in family violence cases, 2023

• Parental alienation: more understanding about the detrimental impact of parental alienation claims made by an abuser in a family law case. Information should also be included about the fact that parental alienation is used by the abuser as a tool to continue their abuse. The education should draw from existing research, including:

The report issued by the UN Special Rapporteur on violence against women and girls

• The difficulty for survivors in gathering corroborating evidence of violence, particularly coercive control: intimate partner violence often takes place behind closed doors. It is often invisible to others outside the relationship. This can make it extremely challenging for a survivor to find evidence to substantiate their allegations in court. Judges need to understand this and take this into consideration when deciding whether or not to make a factual finding of family violence and determining whether to grant a protection order.
• The need for judges to be more proactive in addressing legal bullying/legal abuse: abusers use the family law process and court system to continue their abuse. Judges need to understand what this behaviour looks like and the legal options they have at their disposal to stop it.

Question

Consider the perspective of the community organization, professional association or other group of persons you represent, if applicable. In your view, are there any social issues or realities that judges need to better understand in order to serve the public well?

Our answer

• Dynamics of intimate partner violence, including typologies and abuse behaviours: judges need this information in order to properly recognize intimate partner violence in the cases they are deciding. This is especially true when it comes to coercive control, which is difficult for many legal system stakeholders to understand and identify. Judges also need to be able to understand and identify risk of ongoing abuse and lethality. Understanding the diverse forms intimate partner violence can take is crucial for the court to make orders that keep women and children safe.
• Gendered nature of intimate partner violence: violence is a highly gendered issue. Women and gender diverse people are far more likely to be victimized than men. This is simply the reality. Any educational programs on intimate partner violence must recognize this reality to not perpetuate the gender inequality that exists within our legal system.
• Impact of trauma: trauma can have a significant impact on a woman’s ability to navigate and engage with the family court system. This trauma can present itself in a number of different ways. Judges who are tasked with, among other things, assessing a woman’s credibility, need to understand the impact that trauma may have on how the woman may be presenting in court or conducting her case. Judges also need to understand the impact of trauma on children before they are able to make decisions about the children’s safety and wellbeing.
• Impact of intersecting social identities on the lived experience of survivors: some survivors not only grapple with the effects of intimate partner violence, but systemic discrimination and oppression on the basis of race, Black identity, Indigenous identity, ethnicity, religion, gender identity or gender expression, sexual orientation, citizenship, immigration and refugee status, geographic location, social condition, age, Deafness and disability. This systemic inequality and oppression can have a profound impact on a woman’s experience of violence and her ability to navigate the court system following separation. A lack of understanding of social context can result in judicial decisions that retraumatize and perpetuate oppression.
• Harmful effects of violence on women and children: Children are harmed by both direct and indirect exposure to intimate partner violence. This harm can manifest itself in a number of different ways and can have significant, long-lasting effects. This is particularly true of children who have been exposed to or subjected to coercive control. Children are also harmed when removed from the protective parent and placed in the care of the abuser. Judges need to understand this in order to make decisions based on the best interests of the child.
• Dispelling myths and stereotypes about survivors and the nature of intimate partner violence: myth and stereotypes continue to permeate judicial decision-making. Training should call out these myths and stereotypes and provide information that will help judges to see why perpetuating them can be harmful to women and children. For instance, this content should address the myth that a victim would have left sooner if the violence was bad enough. It should provide information about why women stay or return to an abuser. It should also address why women don’t report abuse, or delay in reporting abuse. 

Question

Consider the perspective of the community organization, professional association or other group of persons you represent, if applicable. In your view, are there skills or abilities (e.g. oral communication, effective writing, technological proficiency) that judges need to improve to serve the public well?

Our answer

• Family violence screening and identification
• Tips on how to be more trauma-informed and intersectional in how they manage their courtroom and make decisions
• Strategies to effectively manage legal bullying/legal abuse

Question

Consider the perspective of the community organization, professional association or other group of persons you represent, if applicable. Is there any other information you would like to share with the National Judicial Institute with a view to improving the public’s experience with the judicial system?

Our answer

We wish to reiterate the importance of collaboration and consultation with survivors and experts in the field when developing the content of judicial education on issues of intimate partner violence. It is only through this collaboration that the training content will meaningfully address some of the existing knowledge gaps of legal system stakeholders, including judges.

We also implore the NJI to hold judges accountable to actually implement what they have learned. Whether this is through periodic testing or case reviews, some form of accountability measure should be created.

These trainings should also be mandatory and take place on a regular and frequent basis. It is not enough to hold an optional training session once per year.