Lawyers equipped to better protect victims of domestic violence

While the list of feminicides is cruelly growing in Quebec, training in domestic violence organized by the organization Juripop will be given on Friday to more than 150 lawyers so that they are better equipped to represent their clients in civil disputes – and know how to properly use the law to protect them.

This is Juripop’s first “Juri RDV”. It’s a direct — and concrete — response to a recommendation from the 2020 report. rebuild trustwhich dealt with different ways to better support victims and survivors of sexual assault and domestic violence throughout their legal journey.

The full day training in Montreal is free, as it is fully funded by the Quebec Ministry of Justice. It targets lawyers in private practice who handle family law disputes, including those relating to child custody.

Demand for the event this year — tickets sold out in less than three days, Ms.e Justine Fortin, from Juripop — testifies to the interest in the subject — and the needs.

Provide tailored services

“The #MeToo movement has highlighted the dissatisfaction of victims of violence with the justice system,” explained in an interview Ms.e Sophie Gagnon, the general manager of Juripop, mandated by the ministry to create this training.

These women report difficulties in finding lawyers who fully understand what they are going through and the reality of domestic violence, she continued: they do not feel understood, and the judgments rendered do not meet their needs.

Me Gagnon gives this example which has been reported to him on many occasions: mothers seeking custody of their children are told by their lawyers not to mention before the judge that they are victims of domestic violence. Why ? In order not to be reproached for being an “alienating parent”, this conclusion being detrimental to obtaining custody, she reports.

There is also this sentence that she says she reads too often in the judgments: “Monsieur is a violent spouse, but a good father”, write magistrates before awarding shared custody 50/50. However, children are indirect victims of the violence they witness, she protested. “They are affected and may develop attachment and trust issues. »

In addition, shared custody gives the abusive spouse repeated access to the mother, which may put her at risk in a post-separation domestic violence context.

Quebec is in its 13e feminicide this year. And the figures are not encouraging: between 2009 and 2021, violence between intimate partners increased by 28%, according to Statistics Canada, which specifies that these are only cases “reported to the police”.

Not enough lawyers

The Juripop organization specializes in supporting victims of sexual and domestic violence. But her small team of lawyers is not enough for the task: “we receive calls every day”, says Ms.e Gagnon.

“It would take hundreds of lawyers across Quebec! she exclaimed. Friday’s Juri RDV will increase the pool of professionals who have received specialized training.

It will thus discuss the methods to be used to establish a bond of trust with the victim and prepare him to testify in court while avoiding awakening trauma. Concepts still vague for judges will be dissected, such as “coercive control” and the repercussions of domestic violence on children.

The workshops and conferences will address the drafting of procedures “with the right words”, underlines Mr.e Fortin — “it’s not a conjugal conflict, it’s conjugal violence” —, and the means of dealing with the opposing party who is harassing his ex-spouse by means of procedures — “we had a case where a of our lawyers had to go to court every day given the repeated requests made,” said Ms.e Gagnon. And also, it will be a question of the best way to obtain security and protection measures for women and their children.

“We understand it very badly”

The majority of participants in the 2022 edition are lawyers, but there are also nurses and childcare workers. Various organizations will be present, such as the Department of Youth Protection, the Director of Criminal and Penal Prosecutions and police forces.

On the occasion of this training day, the Minister of Justice, Simon Jolin-Barrette, reiterated his commitments: “We are all driven by a common objective, to rebuild the confidence of victims in the justice system. The Quebec government has made it a national priority. »

“As a society, we very poorly understand domestic violence”, can only conclude Me Gagnon, emphasizing that this scourge goes well beyond physical assault and includes psychological, sexual, financial and legal violence.

To change this observation, the organizers have already planned the next training day, which will take place next year in Quebec and which will deal with both sexual violence and domestic violence.

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