The need for a Canadian Criminal Code offence of coercive control

Abstract

Canada is currently considering legislating an offence of coercive control. Coercive controlling behaviour is currently criminalized in the UK, Scotland, Ireland, Northern Ireland and New South Wales, Australia. Potential benefits of the implementation of a coercive control offence in Canada include enhancing victim/survivor safety with access to protective orders; allowing police to respond in situations where physical violence is not occurring and, importantly, respond in a way that is reflective of the type of violence being enacted and the assessed risk; moving beyond an incident-based view of intimate partner violence to recognize patterns; improving perpetrator accountability and opportunities for risk management; sending a clear message that these behaviours are unacceptable; enhancing public awareness of coercive control; bringing the Criminal Code in line with other recent legislation; and creating consistency between family and criminal courts. This article summarizes the concept of coercive control, including gendered implications and risks for domestic homicide; the need for a coercive control offence, including support from professionals; and guidance for the implementation of a coercive control offence, including promising practices from international legislation, risk assessment, training for police and other professionals, and evaluation and data gathering.