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Domestic violence In Canada often referred to interchangeably as family violence[1] is a serious problem that is defined by actual or threaten physical or sexual abuse by a current or former partner; as well emotional, psychological, criminal harassment as well as threats to children, other family member, pets and property.[2] Children and elders are also at risk of becoming victims of domestic violence; children are also at risk of viewing domestic violence that will negatively affect them. Although men also experience domestic violence women are reported to be twice as likely to be victims of family violence as men.[3] Younger woman and aboriginal women are reported to be victims of domestic or family violence than other groups in Canada as are women with disabilities.[4] In times of economic downturn and natural disasters rates or domestic violence increases.[5][6] Although domestic violence has decreased over time in Canada it is likely that almost 70% of abuse goes unreported to the police.[3][7] In Canada there are no specific offences in the Criminal Code regarding domestic violence but the acts that are considered to be domestic violence are criminal offences; each province has their own legislation regarding family violence and domestic violence.[8]

Forms of Violence

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Domestic violence can be one incident but can also be part of larger pattern of abuse. Domestic violence is more than just physical abusse against a partner. There are several forms of violence that are considered to be domestic violence.

Physical

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Physical abuse includes pushing, hitting, pinching, strangling or any other intentional use of force against a person that does not consent.[2] Physical abuse can cause pain or injury that can last for a long time but does not have to. Acts that are defined as physical abuse are crimes in Canada.[8] In Canada half of women have experience at least one incident of physical or sexual violence since the age of 16 and 67% of Canadians report knowing a victim of physical or sexual violence personally.[9]

Sexual

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Sexual abuse is any sexual contact with a person that does not consent to sexual contact. This includes forcing sexual contact on an intimate partner. [2] Married spouses cannot be forced to have sexual contact against their will. Although both men an women re victims of sexual abuse in Canada 92% of the victims are women.[10] Young women, women with disabilities, Aboriginal women, and women who have low-incomes or unemployed are at a greater risk of sexual abuse.[10] Girls under the age of 18 are five times more likley than boys to be victims of sexual abuse and four times more likely to be abused by a family member.[10] Special laws are also in place to protect children from sexual abuse or sexual contact.[8]

Emotional

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Emotional abuse pr psychological abuse is when someone uses words and actions to control another person. This is also called psychological abuse and can be but not limited to threats, insults, isolating them from friends and family, destroying property or bullying them.[2] Name-calling or being put down by a partner has been reported as the most common form of emotional abuse.[11] In 2009 it was reported that close to 1 in 5 Canadians 15 or older had been emotionally or financially abused by a partner.[12] Not all of the acts considered to be emotional abuse is not considered to be criminal acts. Emotional abuse is not limited to happening within an intimate relationship, emotional abuse also happens to children when words are used to control, frighten, isolate or take away a child's self worth. [13] Although emotionl abuse does not leave lasting marks on children the effects are long lasting and may escalate over their lifetimes.[14]

Financial

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Financial abuse is the illegal use of someone’s money or property to control that person, including pressuring someone for the money or to sign documents[2]. Financial abuse also occurs when a person is not allowed access to the family money in order to meet their or children's basic needs or being prevented from working.[9][15] Older adults are at the highest risk to become victims of financial abuse. [16]

Neglect

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Neglect is the failing to take care of another person that is dependent on the adult for their safety and care.[2] Older Canadians are at risk for neglect as they often are dependent on their adult children to take care of them in so capacity.[2] Children who are also dependent on their parents for their basic necessities are at risk of being victims of neglect. [17]

Types of Violence

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Domestic Violence is most often associated with Intimate Partner violence, domestic or family violence however does occur between other family members outside of an intimate relationship.

Intimate Partner

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Intimate Partner violence is any abuse that happens between a couple in a relationship married or dating. Intimate partner violence can continue even after the relationship has ended. This kind of abuse can include but not limited to controlling what they wear, choosing who they can talk to, or where they can go and do.[2] Of the violent crimes that are reported to the police in Canada one in four of them are intimate partner violence. Young Canadians have the highest rate of being victims of intimate partner violence.[18] In 2014 67 of the 83 people killed by their intimate partners were women. [19] This means that women are four times as likely to be killed by their partners than men are. [20] Homicides commitied by legally married partners, former or current, has been decreasing in the last 20 years.[20] Homicides that were committed by common-law partners and opposite-sex partners has been increasing over the same amount of time. Homicides committed in same-sex relationships has remained at the same rate since the data has been collected.[20]

Child Abuse and Neglect

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Child abuse and neglect includes physical, emotional, sexual and neglect. Since in Canada domestic and family violence are often used interchangeably, child abuse and neglect fall under domestic violence. Approximately 30% of the children or youth of policed-reported violent crimes had the violence perpetrated by a family member.[21] Although children can be abuse by friends, acquaintances or strangers 26% of the perpetrators of serious violence against children are family members. Since younger children are more depend on their parents as caregivers they are at higher risk of being victimized. As children get older the rate of the violence reported given that the child has more contacts outside of the family.[22] When children see or hear violence in their own families is also considered to be child abuse. Witnessing family violence can be as harmful for the children as experiencing it themselves.[2] Children who grow up in homes where they are witness to domestic violence are at a greater risk of being in an abusive relationship later on in life.[23] Exposure to family violence and abuse also affects children brain development.[23] Certain kinds of abuse is listen in the Criminal Code which is applied Canada while other child protection laws are determined by province of territory.[8]

Elder Abuse

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Elder Abuse is when a family member, caregiver or friend takes action or fails to act in a way that causes harm or risk to an older adult.[2] Elder refers to any Canadian that is over 65 years of age. One third of all violent crimes that are committed against elder adults are from family members. Violence that is committed against older adults are most often committed by a grown adult child or spouse of the victim. [24] 60% of senior victims were female and common assault was the most common reported violence against seniors. [25] Family related homicide against seniors has dropped approximately in half since 1985 in comparison to 2015.[25] Seniors have the lowest rates of violence in comparison to every other age group.[26]

Laws

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There are no specific offenses laid out in the criminal code many of the acts that qualify as domestic or family violence are illegal. [8] Physical and sexual violence such as assault, kidnapping, sexual assault, child pornography, homicide and trafficking which are aspects of family or domestic violence are covered in the criminal code. [8] Criminal harassment, abandoning of children and theft of person holding power of attorney are also crimes related to domestic violence that are outlined in the criminal code. [8] Laws to protect victims appear in the criminal code to allow no contact between victim and the accuse, putting limits on the ability for conditional sentences to be worked out in the community and to consider offences against spouses or partner, abuse of those under 18, and abuse by those in power as "aggravating factors" in sentencing. [8] Provincial and Territorial governments make their own laws regarding family violence and prosecute most of the offences.[8]

Alberta

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Alberta has several acts that have to do with domestic and family violence which mostly has to deal with children's safety. The Child, Youth and Family Enhancement Act which deals with the need for protective services and child intervention for children who are in unsafe situations.[27][28] Drug-endangered Children Act was proclaimed to be in force in November 2006 in order to protect children that were being exposed to adult activities regarding drugs.[29] [30] Protection Against Family Violence Act aims to protect all family members, including seniors and child, from violence.[30] [31] The act also adresses emotional or verbal abuse when it has caused reasonable fear that physical violence will occur. The act also introduced new types of court orders in regards to protection for the victim. [32] Protection of Sexually Exploited Children Act protects children that are engaged or attempting to engage in prostitution as victims of sexual abuse, in this act it protects people up the age of 23 in some capacities.[30] [33]

British Colombia

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Child, Family and Community Service Act requires that anyone who believes a child is being abused, in need of protection or being neglected to report it to the Ministry of Children and Family Development.[34] Victims of domestic violence are able to obtain a protection order from the court as well as temporary custody of children if the police and courts believe it be necessary.[35]

Manitoba

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Domestic Violence and Stalking Act in Manitoba provides victims of domestic violence and stalking to be able to take action, this act is not only for intimate relationships but for all family members and allows for the application on behalf of minors. [36] The act also establishes Protection and Prevention orders for victims as well as allows them to sue those stalking them.[36] A bill in Manitoba has been put forward to give victims of domestic violence time off from their jobs when leaving those situations.[37] The Child and Family Services Act is in place to help children that are in need of protection.[38] The Act protects the rights of children as well as parents when a child is being taken into protective custody.[38] While criminal cases the needs to be proof beyond a reasonable doubt courts determined the need for protection based on a balance of probabilities.[38]

New Brunswick

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New Brunswick introduced the Intimate Partner Violence Intervention Act in early 2017 in efforts to help curb intimate partner violence.[39] The proposed legislation gives victims more tools for their safety when they leave unsafe situations. .[40] New Brunswick also has Family Services Act which is too look out for the best interest of the children.[41]

Newfoundland and Labrador

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Newfoundland and Labrador has the Family Violence Protection Act provides new forms of Emergancy Protection Orders to help victims of family violence, adults and children are protected under this act.[42] Family Violence Protection Act aims to fill in the gaps for victims that the Criminal Code leaves out. .[43] Children and Youth Care and Protection Act is also in place which governs child protection and strengthens services for youth, children and their families. [44] Adult Protection Act helps to protect adults that are at risk of abuse or neglect. [45]

Northwest Territories

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Protection Against Family Violence Act in Northwest Territories came into force in 2005 and provides emergency protection to victims of domestic violence, defines family violence and allows for others to apply for a protection order on behalf of someone else.[46] Child and Family Services Act for the Northwest Territories recognizes that families are entitled to know thier rights and how they affect them but the decisions should be made with the best interests of te child in mind.[47]

Nova Scotia

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Nova Scotia's Domestic Violence Intervention Act creates a system of orders that allow victims of domestic violence in an expedited manner when there have been a number of different reasons such as assault, threats that create reasonable fear, sexual assault or physical confinement.[48] In the Act the victim must be at least 16 years of age and the violence has come from someone they live with or are partners with.[49] Nova Scotia's Children and Family Services Act protect children when they have been abused and neglected or at serious threat of being abused and neglected.[50] this also requires that anyone who is aware of these things that are happening to report them.[50]

Nunavut

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Nunavut's Family Abuse Intervention Act passed in 2006 allows a justice of the peace to forcibly remove the abusive family member from the home. The Act includes Inuit societal values into the legislation. [51] In addition to the Family Abuse Intervention Act here is also the Child and Family Services Actwhich states children deserve to live without abuse or neglect and laws that help with that protection. [52]

Ontario

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Domestic Violence Protection Act in Ontario defines domestic violence beyond just physical assault and can happen between anyone who is or was in an intimate relationship.[53] Child and Family Services Act governs the programs and services regarding but not limited to child welfare, adoption in Ontario, youth justice services and secure treatment.[54] This act comes up every five years for review and repoted to the public.[55]

Prince Edward Island

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Prince Edward Island has the Victims of Family Violence Act which focuses on the needs of the victims to allow them to stay in their homes and enables the justice system provide a more effective response to family violence. This act allows two different ways to provide victims of family violence protection, short term Emergency Protection Order which has a maximum 90 day span and longer term protection with the Victim Assistance Order.[56] Child Protection Act in Prince Edward Island sets out to protect children from abuse and neglect, have their views heard in decisions that affect them, and it is the responsibility of family, community and province to prevent child abuse and neglect among other goals.[57]

Quebec

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The Youth Protection Act Quebec protects youth under 18 years of age that have their development or security is at risk. All decisions have to be in the best interest of the child or youth and respect their rights. All decisions must aim to keep the child in the family and inform the family and youth of any decisions.[58] [59]

Saskatchewan

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The Victims of Interpersonal Violence Act formally the Victims of Domestic Violence Act was the fist legislation of the kind introduced in Canada.[60] The act applies to any victim who suffers from domestic violence from another cohabitant, however the relationship does not have to be in an intimate relationship and can extend to other familial relationships. When a victim cannot file a protection order for themselves it can be file on their behalf allowing the police to examine the situation.[61] The Child and Family Services Act stresses the need to protect children from abuse and neglect and requires to have the abuse reported[62] if someone becomes aware of it.

Yukon

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The Yukon has its own Family Violence Protection Act to allow victims of domestic violence emergency intervention orders and to fill in some of the spaces left by Canadian Criminal Code. [63]

Works Cited

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  1. ^ Government of Manitoba. "What is Family Violence". Retrieved 5 December 2017.
  2. ^ a b c d e f g h i j Department of Justice. "About Family Violence". Retrieved 23 November 2017. Cite error: The named reference "About Family Violence" was defined multiple times with different content (see the help page).
  3. ^ a b Statistics Canada. "Family violence in Canada: A statistical profile, 2013" (PDF). Retrieved 21 November 2017. Cite error: The named reference "2013 Statistical Profile" was defined multiple times with different content (see the help page).
  4. ^ Benoit, Cecilia; Shumka, Leah; Phillips, Rachel; Kennedy, Mary Clare; Belle-Isle, Lynne. "Issue Brief: Sexual Violence Against Women in Canada". Status of Women in Canada. Retrieved 21 November 2017.
  5. ^ Debra, Parkinson; Claire, Zara (2013). "The hidden disaster: domestic violence in the aftermath of natural disaster". Australian Journal of Emergency Management. 28 (2): 28. Retrieved 21 November 2017.
  6. ^ Jeff, Lagerquist. "Calgary police link domestic violence spike to economic downturn". ctvnews.ca. Retrieved 21 November 2017.
  7. ^ Statistics Canada. "Infographic: Family Violence in Canada". Retrieved 21 November 2017.
  8. ^ a b c d e f g h i Department of Justice. "Family Violence Laws". Retrieved 23 November 2017. Cite error: The named reference "Family Violence Laws" was defined multiple times with different content (see the help page).
  9. ^ a b Canadian Women's Foundation. "FACT SHEET MOVING WOMEN OUT OF VIOLENCE" (PDF). Retrieved 9 December 2017. Cite error: The named reference "Canadian Women's Foundation" was defined multiple times with different content (see the help page).
  10. ^ a b c Canadian Women's Foundation. "FACT SHEET SEXUAL ASSAULT AND HARASSMENT" (PDF). Cite error: The named reference "CWF Sexual Assault" was defined multiple times with different content (see the help page).
  11. ^ Statistics Canada. "Section 1: Self-reported spousal violence, 2009". Retrieved 9 December 2017.
  12. ^ Statistics Canada. "Section 1: Self-reported spousal violence, 2009". Retrieved 9 December 2017.
  13. ^ Department of Justice. "Child Abuse is Wrong: What Can I Do?". Retrieved 9 December 2017.
  14. ^ Doherty, Deborah; Berglund, Dorothy. "Psychological Abuse: A Discussion Paper". Retrieved 9 December 2017.
  15. ^ Status of Women in Canada. "Forms of Violence and Abuse". Retrieved 9 December 2017.
  16. ^ Government of Canada. "What every older Canadian should know about: Financial abuse". Retrieved 21 November 2017.
  17. ^ Canadian Red Cross. "Definitions of Child Abuse and Neglect". Retrieved 9 December 2017.
  18. ^ Statistic Canada. "Intimate partner violence". Retrieved 21 November 2017.
  19. ^ Statistics Canada. "Intimate partner homicides, by sex of victim, Canada, 1994 to 2014". Retrieved 8 December 2017.
  20. ^ a b c Miladinovic, Zoran; Mulligan, Leah. "Homicide in Canada, 2014". Retrieved 8 December 2017. Cite error: The named reference "Intimate Partner Homicide" was defined multiple times with different content (see the help page).
  21. ^ Conroy, Shana. "Police-reported family violence against children and youth". Statistics Canada. Retrieved 8 December 2017.
  22. ^ Statistics Canada. "Family violence against children and youth". Retrieved 21 November 2017.
  23. ^ a b Human Services Alberta. "Child Abuse/Children Exposed to Family Violence Information Sheet" (PDF). Retrieved 9 December 2017. Cite error: The named reference "Child Abuse Alberta" was defined multiple times with different content (see the help page).
  24. ^ Statistics Canada. "Section 5: Family violence against seniors". Retrieved 21 November 2017.
  25. ^ a b Conroy, Shana. "Police-reported family violence against seniors". Retrieved 9 December 2017. Cite error: The named reference "Police Reported Senior" was defined multiple times with different content (see the help page).
  26. ^ {{cite web}}: Empty citation (help)
  27. ^ Alberta.ca. "Legislation". Retrieved 9 December 2017.
  28. ^ Service Alberta. "CHILD, YOUTH AND FAMILY ENHANCEMENT ACT". Retrieved 9 December 2017.
  29. ^ Service Alberta. "DRUG‑ENDANGERED CHILDREN ACT". Retrieved 9 December 2017.
  30. ^ a b c {{cite web}}: Empty citation (help)
  31. ^ Service Alberta. "PROTECTION AGAINST FAMILY VIOLENCE ACT". Retrieved 9 December 2017.
  32. ^ Service Alberta. "Protection Against Family Violence Act Guide" (PDF). Retrieved 9 December 2017.
  33. ^ Service Alberta. "PROTECTION OF SEXUALLY EXPLOITED CHILDREN REGULATION". Retrieved 9 December 2017.
  34. ^ Government of British Columbia. "Protection of Children". Retrieved 9 December 2017.
  35. ^ Health Link BC. "Domestic Violence". Retrieved 9 December 2017.
  36. ^ a b Government of Manitoba. "The Domestic Violence and Stalking Act". Retrieved 9 December 2017. Cite error: The named reference "Manitoba Violence and Stalking" was defined multiple times with different content (see the help page).
  37. ^ The Legislative Assembly of Manitoba. "THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE, LEAVE FOR SERIOUS INJURY OR ILLNESS AND EXTENSION OF COMPASSIONATE CARE LEAVE)". Retrieved 9 December 2017.
  38. ^ a b c Manitoba Family Services. "CFS Manual". Retrieved 9 December 2017. Cite error: The named reference "CFS Manitoba" was defined multiple times with different content (see the help page).
  39. ^ Government of New Brunswick. "Legislation introduced to address intimate partner violence". Retrieved 9 December 2017.
  40. ^ Government of New Brunswick. "Legislation introduced to address intimate partner violence". Retrieved 9 December 2017.
  41. ^ Canadian Child Welfare Research Portal. "Family Services Act" (PDF). Retrieved 9 December 2017.
  42. ^ Government of Newfoundland and Labrador. "Family Violence Protection Act" (PDF). Retrieved 9 December 2017.
  43. ^ Government of Newfoundland and Labrador. "Family Violence Protection Act" (PDF). Retrieved 9 December 2017.
  44. ^ Government of Newfoundland and Labrador. "Review of the Children and Youth Care and Protection Act". Retrieved 9 December 2017.
  45. ^ Government of Newfoundland and Labrador. "Adult Protection Act". Retrieved 9 December 2017.
  46. ^ Government of the Northwest Territories. "Protection Against Family Violence Act" (PDF). Retrieved 9 December 2017.
  47. ^ The Canadian Legal Information Institue. "Child and Family Services Act, SNWT 1997, c 13". Retrieved 9 December 2017.
  48. ^ Canadian Legal Information Institute. "Domestic Violence Intervention Act, SNS 2001, c 29". Retrieved 9 December 2017.
  49. ^ Canadian Legal Information Institute. "Domestic Violence Intervention Act, SNS 2001, c 29". Retrieved 9 December 2017.
  50. ^ a b Family Law Nova Scotia. "CHILD PROTECTION". Retrieved 9 December 2017. Cite error: The named reference "Nova Scotia Child protection" was defined multiple times with different content (see the help page).
  51. ^ Canadian Legal Information Institute. "Family Abuse Intervention Act, SNu 2006, c 18". Retrieved 9 December 2017.
  52. ^ Canadian Legal Information Institute. "Child and Family Services Act, SNWT (Nu) 1997, c 13". Retrieved 10 December 2017.
  53. ^ Legislative Assembly of Ontario. "37:1 Bill 117, Domestic Violence Protection Act, 2000". Retrieved 10 December 2017.
  54. ^ Government of Ontario. "Child and Family Services Act, R.S.O. 1990, c. C.11". Retrieved 10 December 2017.
  55. ^ Ontario Ministry of Children and Youth Services. "Review of the Child and Family Services Act - 2015". Retrieved 10 December 2017.
  56. ^ Canadian Legal Information Institute. "Victims of Family Violence Act, RSPEI 1988, c V-3.2". Retrieved 10 December 2017.
  57. ^ Prince Edward Island. "Child Protection Act" (PDF). Retrieved 9 December 2017.
  58. ^ Publications Quebec. "P-34.1 Youth Protection Act". Retrieved 9 December 2017.
  59. ^ Commission des droits de la personne et des droits de la jeunesse. "Youth Rights". Retrieved 9 December 2017.
  60. ^ Law Society of Saskatchewan. "SASKATCHEWAN RESPONDS TO FAMILY VIOLENCE: The Victims Of Domestic Violence Act" (PDF). Retrieved 9 December 2017.
  61. ^ Government of Saskatchewan. "The Victims of Interpersonal Violence Act" (PDF). Retrieved 9 December 2017.
  62. ^ Canadian Legal Information Institute. "The Child and Family Services Act, SS 1989-90, c C-7.2". Retrieved 9 December 2017.
  63. ^ Family Violence Prevention Act. "Government of Yukon" (PDF). Retrieved 9 December 2017.
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