Women who think about leaving their violent partner fear a host of things: being on the streets for lack of money, being violently assaulted when leaving the house, being unable to navigate the justice system to protect themselves. To provide solutions to these obstacles — and many others — the Collectif québécois pour la prevention de l’itinérance (CQPI) would like to see the creation of a legal framework “made in Quebec” to better protect women by relying on aspects outside of criminal law, such as housing and family law.
“It’s really time for Quebec to change its global approach,” argues Pearl Eliadis, law professor at McGill University’s Max Bell School of Public Policy, in an interview. She believes that more is needed than measures introduced here and there, without strong links between them.
She is also one of the authors of a substantial 74-page report released on Friday, titled Opportunities for Law Reform in Quebec for Women Victims of Domestic Violence, which offers 12 concrete recommendations. They will be forwarded to the government.
Victims of spousal and family violence are not only women, but they are in the strong majority, with 79% of cases reported to the police, according to 2019 data from Statistics Canada.
Domestic violence is sanctioned by criminal law, which is under federal jurisdiction. Here, the report examines in detail what can be done at the provincial level under two main axes: the right of victims to live in safety and the right to adequate and affordable housing.
This last aspect may not be the first that comes to mind when discussing domestic violence, but it is the key for many women: some stay with an abusive partner because they do not have the ways to afford housing. This is also one of the reasons why many women find themselves in a situation of homelessness: this is the case for 21% of them, report the authors of the report, based on data from the census and the 2018 Homelessness Survey in Quebec.
Why ? The housing crisis persists and Canada is also doing poorly in terms of social housing: it represents only 4% of the total in the country, while the average in Western countries is 7%, deplores Professor Eliadis. In France, the proportion reaches 19%.
It really is time for Quebec to change its global approach
In addition, there is a severe shortage of second-stage houses, where victims of violence can live for a few months after their stay in an emergency shelter.
The CQPI therefore recommends writing down “the right to housing” in black and white in the Charter of Human Rights and Freedoms and adopting a specific law that would implement “the right to adequate housing”. This would not allow a citizen to go to court to demand an apartment, explains Me Eliadis, but could “force the government to take this seriously” and be accountable for the results of affordable housing strategies.
It is also suggested to confer on the abused spouse “a right” to stay in the dwelling even if his name does not appear on the lease or on the deed of ownership. Sometimes a woman will prefer to leave for safety reasons, but some will want to stay in particular to disrupt the lives of their children as little as possible “one more option for them”, underlines the professor.
There is also talk of modifying the eligibility criteria for financial assistance and social assistance, in particular to extend it to women who do not have access to it because of their precarious immigration status.
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The other axis of the report recommends the adoption of a complete law in civil matters on family and conjugal violence. The Civil Code of Quebec is not enough, insists Professor Eliadis: “We need something specific. Provinces like Alberta have adopted such a law, and Quebec should follow suit, respecting the specificities of its legal system.
“Some women don’t want to file criminal charges against their spouse, but they want to be protected,” she explains. This law could give them a host of options, such as stronger civil protection orders and adapted social services.
Specialized criminal courts for spousal and sexual violence are being deployed in Quebec. The CQPI suggests that the government examine the possibility of creating one in civil and family matters. The idea would be in particular “to have a judge for a family”, says Me Eliadis, to prevent already traumatized victims from coming back to court repeatedly and telling everything each time.
The CQPI is a partnership between the Department of Equity, Ethics and Policy Studies at McGill University and the Old Brewery Mission.