Family Violence Initiative

Policy Development

Strengthening the family violence network

Family violence is a complex and ever-evolving policy issue. When developing policy, Justice Canada conducts diversity and gender equality analyses so that the impact of family violence-related initiatives on groups can be assessed. These groups include:

• women
• children
• Aboriginal people
• others who may be at a disadvantage in their dealings with the justice system

The focus of Justice Canada's policy development is to work with provincial and territorial counterparts and federal partners in other sectors and disciplines to review and strengthen the justice system responses to family violence. This involves:

Monitoring federal laws

that is, reviewing the existing federal legal framework of legislation, regulation and policy related to family violence, and where supported, advance statutory reform efforts. The Family Violence Initiative's work on legislative reform has resulted in various changes to Canadian criminal law. For more information, see Laws.

Working in partnership to address issues relating to how the law is implemented

Efforts to strengthen the justice system responses to family violence and sensitize justice system professionals to the unique dynamics in family violence matters.

Although some improvements have been made, Justice Canada is continuing its work to strengthen the response of justice systems to family violence issues. Many issues have been–and continue to be–explored by Justice Canada with its provincial and territorial partners, such as:

• implementation and status of criminal charging and prosecution policies
• evaluation of legislative reforms
• exercise of police and prosecutor discretion
• high attrition of spousal abuse cases in court
• role and experiences of victims of family violence involved in the justice system
• collection of additional forms of evidence
• timeliness of court proceedings
• barriers to reporting family violence
• the need for collaboration and interface to better serve families affected by domestic violence
• training for personnel involved in various justice system processes and services
• use of restorative justice practices, such as circle sentencing and family group conferencing
• risk assessment
• dual or cross charging
• impact of family violence on children
• use of conditional sentencing and victim impact statements
• victim notification
• need for specialized response to impact of family and interpersonal violence on Aboriginal peoples
• need for enhanced understanding of family violence in ethno-cultural minority communities

The Family Violence Initiative also deals with the physical and sexual abuse of children, and their neglect. Children are most vulnerable to being exploited sexually within the family. In some cases, they may be sexually abused by a family member or person close to them. In other cases, a child may see or hear a family member sexually abusing another family member.

Physical and sexual abuse of children can reach across provincial, territorial and international boundaries and requires cooperation with other jurisdictions.

Federal, provincial and territorial cooperation at work

Responsibility for the criminal law and the administration of justice is shared between the federal, provincial and territorial governments. Accordingly, Justice Canada collaborates closely with its provincial and territorial partners in developing and implementing criminal policy and legislative reforms. Some of these activities include:

• co-sponsored with the Policy Centre for Victims Issues, a three day Conference in 2009 in Yellowknife. The Conference on Northern Responses and Approaches to Victims of Crime: Building on Strength and Resilience brought victim services professionals that work with victims of crime in the northern regions of Canada to participate in practical workshops and presentations.
• held a symposium in February 2009 entitled Family Violence: The Intersection of Family and Criminal Justice System Responses which brought together over 300 participants to address the challenges posed by the different objectives and legal standards of the criminal and family justice system responses to family violence.
• developed, together with its federal, provincial and territorial partners, guidelines for police, Crown prosecutors and other criminal justice personnel. The guidelines cover the investigation, charging and prosecution of criminal harassment cases - usually called "stalking." The Handbook for Police and Crown Prosecutors on Criminal Harassment was published in March 2004. It was distributed to police, Crown Attorneys, victim services, corrections services, judges and other criminal justice personnel across Canada. An earlier version of these guidelines was published in December 1999.
• co-chaired, with the Department of Justice Nova Scotia, the Ad Hoc Federal-Provincial-Territorial Working Group Reviewing Spousal Abuse Policies and Legislation. They reviewed the current status and implementation of mandatory charging and prosecutorial policies in Canada since 1983. The Working Group also reviewed related proposed criminal law reforms. It released its report, Spousal Abuse Policies and Legislation: Final Report of the Ad Hoc Federal-Provincial-Territorial Working Group Reviewing Spousal Abuse Policies and Legislation, in April 2003.
• hosted the Second Federal-Provincial-Territorial Forum on Spousal Abuse in March 2001. Senior officials from policing, prosecutions, victims' services, corrections and policy sectors across Canada identified new and emerging issues and trends. They also exchanged information about best practices in investigating, charging and prosecuting spousal assault cases and implementing measures to protect victims. The first Federal/Provincial/Territorial Forum on Spousal Abuse was held in March 1998.

Justice Canada also takes part in international efforts to advance work on family violence that affects women and children.