This blog is part of a series where we explore the top recommendations from the Alberta Council of Women’s Shelters (ACWS) in response to the National Action Plan to End Gender Based Violence:
- Provide a stronger system of care for survivors and their families
- Strengthen primary, secondary, and tertiary prevention as well as intervention efforts
- Advocate for more responsive legal and justice systems, with partnership at the federal level
Amid the news of the horrendous tragedy in Calgary, Edmonton Police Services (EPS) announced that domestic and interpersonal violence has become their highest call for service, including “anything from an argument to a bad beating to a homicide.”
Meanwhile, Bill C-332 An Act to amend the Criminal Code (coercive control of intimate partner) has passed its second reading with the Senate. This bill will criminalize coercive control, which is a pattern or series of events meant to control an individual. In its second reading, the senate noted many of the concerns that advocates also voice: the bill must pay consideration to better education about the dynamics of abuse, comprehensive training about coercive control by law enforcement and legal professionals, and broader investment in improving the social infrastructure for supporting survivors.
The current legal and justice systems are set up in a manner that puts the onus on a survivor to keep themselves safe. Expert Lana Wells notes that “we need to remove the burden from the victim for protecting themselves, and we need to focus our time and energy on preventing people from becoming perpetrators”. We feel this should extend to harsher sentences for perpetrators who commit violent crimes, particularly femicide.
Last year we outlined several examples of criminal cases of domestic homicide, where second-degree murder is the most common charge overall and manslaughter is the most common conviction. In these cases, men who have killed their intimate partner see less than 10 years of jail time. Despite receiving a life sentence, the man responsible for the murder of Jessica Martel received full parole in August 2024.
Violent offenders should be held accountable for their actions and, especially in the case of repeat offenders, they should be kept off the streets to keep people safe. Experts have proven that domestic violence can be predictable and preventable. An astounding 73% of men who faced a criminal charge for domestic violence were involved in an incident with police beforehand, with 64% showing an increase in police interactions in the two years leading up to the charge.
Alberta passed the Public Safety Statutes Amendment Act which will create a provincial ankle bracelet monitoring program. This amendment intends to hold high-risk offenders accountable and is a step to keeping victims safer. In terms of domestic abuse, this program will only be available through Criminal Community Corrections Supervision Court for offenders who are on probation or on a peace bond. This program will not include restraining orders issued through civil court or the Court of King’s Bench. Alberta is one of the last provinces to implement a program like this.
Statistics show that 76% of domestic homicides occur in a victim’s home, perpetrator’s home, or a shared home. This electronic monitoring program will monitor such residences to ensure that a perpetrator does not breach an Emergency Protection Order, thereby keeping victims of domestic and family violence safer. This program only rolled out this month, so we will closely monitor any updates on the program’s success.
Alberta Justice recently held a series of round tables with relevant stakeholders to improve Alberta’s family justice system. JMMF advocated on behalf of survivors who often experience the biggest challenges with our current system. This strategy is still in development, but with the University of Calgary’s recent announcement of a $26.8 million gift to transform family justice, we hope to see benefits that will help our clients receive the support they need as they sever the legal ties to their abuser.
Survivors often rely on the services of Legal Aid Alberta when they are navigating family court, and criminal court if necessary. Last year we saw an interruption to this service when its governance agreement with the province of Albert expired and we are currently seeing news that there will be changes to Legal Aid Alberta funding. This service is crucial for survivors. We will continue to monitor this news as well, and advocate for survivors.
These issues are complex. Law is complex and justice is complex. Survivors are thrown into the complex legal and justice system as they navigate family courts and potential legal courts as well. We support survivors through their complex journey in the justice system. We will continue to advocate for a more responsive legal and justice system, particularly as we head into a federal election this year.
