While groups are increasing their efforts to recognize “coercive control”, which they believe reflects much better all the facets and extent of domestic violence, the notion is making its way through the courts. Thus, it is increasingly pleaded and mentioned in family law judgments in recent years, reports Me Élise Joyal-Pilon, from the Rebuild program.
“Coercive control” is not a new form of violence. But according to organizations protecting victims of domestic violence, it offers a better representation of what they experience — a continuum of violent actions that are not limited to beatings, and which can take place over long periods of time. It brings together everything that is used to violate, humiliate and maintain domination over a person: deprivation of liberty, emotional blackmail, control of clothing or money, etc.
The Rebâtir team, which offers free legal consultations for victims of sexual violence and domestic violence, noticed that the notion was used more than before: its members noted that lawyers began to plead “ coercive control” and that judges mention it in their decisions.
She then decided to do “a little exercise” to list all the judgments where the expression is named. A review which does not claim to be scientific or exhaustive, since it can only list the decisions rendered in writing, specifies Me Joyal-Pilon. Only judgments in family law (in divorce and child custody cases, in particular) were examined — and only those rendered in writing and then published.
The exercise “demonstrates a very real trend”: the expression is in the process of finding a place in jurisprudence. “The figures show a change,” notes the lawyer. Because if no judgment named “coercive control” before 2021, that year, it was included in 13 judgments, then in 24 the following year, and 26 times in 2023. And this year, nine decisions have already mentioned.
Please note, however, that a mention of the expression does not mean that the person who argued for it was successful.
The turning point came in 2021, the year when the notion of “coercive control” was added to the Divorce Act, in which it is now recognized as a form of family violence, indicates Me Joyal-Pilon.
To see the expression used in court, “it confirms that people have been made aware, and that the concept is increasingly understood and mastered.” It is a concrete application of the concept on the ground, that of courthouses.
The lawyer believes that this represents progress for the victims. “It is not trivial,” she adds, to be able to put into words what is really experienced: it represents recognition by the community, and the victims feel “better listened to and better understood. » And “it changes the way files are processed”. And since coercive control is a homicide risk factor, “seeing the expression used can help protect and save lives,” she adds.
Many groups and organizations protecting victims of domestic violence want “coercive control” to be recognized as an offense in its own right in the Criminal Code. François Legault’s government is part of the package: it’s about better protecting victims, he says. Ottawa has indicated that it is examining this possibility.
Judicial violence
The notion of “judicial violence” also appeared in the judgments. It is one facet of coercive control and occurs when one person uses the courts to maintain control over another. Victims often find themselves financially and psychologically exhausted by legal proceedings, adds M.e Joyal-Pilon.
There was no mention — by this name — of this form of violence before 2023. Then the expression was used in three judgments last year, and once so far in 2024, according to the review by Rebâtir.
The fact that this expression is now named highlights a type of abuse that exists after separation, says the prosecutor.
Another element demonstrates that the concept of “judicial violence” is emerging from the shadows. Thus, the CAQ government recently tabled its family law reform plan, Bill 56, which proposes in particular to impose on judges “the obligation” to grant damages “when there is judicial violence », We can read in the preamble to the legislative text.
“This could make the appeal [pour obtenir des dommages-intérêts] more accessible,” says Me Joyal-Pilon. In the past, judges could already award damages in the event of repeated or unfounded proceedings. But seeing the legislator add these provisions shows a clear desire on his part to condemn judicial violence and its impacts on victims, and to put a brake on this harmful behavior, notes the lawyer.
If you are a victim of domestic violence, you can contact SOS Violenceconjugale at 1 800 363-9010.