Madam, your new flame has a violent past

Her heart stops every time she sees a notification of femicide. Like many lawyers who practice family law, Justine Fortin wonders if this is a person she represents. If she did everything in her power to protect the women who consult her at the Juripop clinic.

Collectively, our hearts also stop every time a woman is murdered, like Naima Rezzek who was stabbed by her ex-partner last Saturday. She was the second woman killed in three days. And the 14^e since the start of the year in Quebec, including 8 in a marital context.

So what is happening? In less than five months, the number of feminicides is already higher than for the entire year 2023.

And behind these deaths that make the headlines, there are thousands of women who are victims of domestic violence. In 2022, women made more than 19,000 complaints of domestic violence to the police. This is a record, since at least 2005, both in absolute number and as a percentage of the population¹.

What more can be done to stem this scourge?

The Legault government is pressing Ottawa to make “coercive control” a criminal act, as in England or Scotland.

You know, when a person sneakily weaves a web around their spouse through humiliation, emotional blackmail, intimidation, isolation, threats…

Many women live in this toxic climate, but do not consider themselves victims of domestic violence because their partner does not physically attack them.

By criminalizing coercive control, Bill C-332 tabled by the NDP in the House of Commons would send a strong message that this behavior is wrong.

But the question is not unanimous. Some argue that the definition of coercive control is vague and that certain acts that fall under it are already criminal, such as intimidating someone by monitoring them, threatening them or depriving them of their keys or cell phone.

But other harmful acts are not criminal. And above all, it is by multiplying gestures which may seem trivial, taken in isolation, that we come to exercise domination over our victim. With very serious consequences.

Nine times out of ten, there are traces of coercive control in cases of domestic homicide, according to a British analysis of 358 murders. In a third of cases, there is no other physical violence before the fatal blow, according to an American study².

This proves that Ottawa needs to take coercive control more seriously.

Quebec could also do more, even if the Coalition Avenir Québec (CAQ) has already made significant progress, such as the multiplication of rapid intervention units to support potential victims or the creation of courts specializing in sexual and domestic violence.

Except that this court affects criminal justice. Not civil justice. We therefore end up with a two-speed system. On one floor of the courthouse, a woman will be well accompanied. On the other floor, no.

This is a problem, notes the Juripop legal clinic which handles a large number of family law cases. In a majority of civil cases (divorce, alimony, etc.), we find traces of coercive control or domestic violence, even if this is not the issue at stake in the dispute.

Often, the justice system is downright exploited by the aggressor, who multiplies the appeals against his ex who is obliged to defend herself, instead of being able to rebuild herself. Bill 56, which will reform family law, also addresses this issue. So much the better.

But why not take a further step by creating a court specializing in family law, both civil and criminal?

To act upstream, Quebec could also take inspiration from “Clare’s law” which allows you to lift the veil on your spouse’s past.

This law was born in the United Kingdom after the murder of Clare Wood by her ex-partner who had already been convicted of violence against other women.

Several Canadian provinces have followed suit, including Saskatchewan, Alberta, Manitoba and Newfoundland and Labrador. The same measure could make a difference in Quebec.

Shelters, especially in the regions, often see several women victims of the same violent man. To alert them with the help of old judgments, they are obliged to consult the courthouse register, a particularly daunting tool.

Clare’s law would make it easier for victims to access information. It would also allow police officers to tell a potential victim: “Madam, your new flame has a history of domestic violence. »

Right now, they can’t even warn women to be wary of a predator being released into the wild, with conditions that aren’t always closely monitored by an overwhelmed system.

Some fear, however, that Clare’s Law places responsibility squarely on the shoulders of potential victims. Except that nothing prevents us from offering them the necessary support at the same time.

In his report Rebuilding trustthe committee of experts on supporting victims of sexual assault recommended considering the adoption of Clare’s law.

As feminicides add up, we cannot miss an opportunity to break the cycle of violence.

1. Consult data from the Institute of Statistics of Quebec

2. Consult a document from the Group of houses for women victims of domestic violence