How judges in Canadian criminal courts define intimate partner violence

Authors

  • Ava J. Bowns Department of Psychology, Carleton University, Ottawa, ON, Canada.
  • Crystal J. Giesbrecht Provincial Association of Transition Houses and Services of Saskatchewan (PATHS) & Department of Justice Studies, University of Regina, Regina, SK, Canada.
  • Kaila C. Bruer Luther College & Department of Psychology, University of Regina, Regina, SK, Canada.

DOI:

https://doi.org/10.35502/jcswb.387

Keywords:

Psychological abuse, emotional abuse, coercive control, Canadian Criminal Code, judicial decisions

Abstract

Intimate partner violence (IPV) is a substantial problem in Canada, leading to over 100,000 victims reporting to police in Canada annually. However, there is no legal definition or Canadian Criminal Code offence for IPV. The purpose of this study was to examine how judges in the Canadian prairie provinces (Alberta, Saskatchewan, and Manitoba) define IPV in criminal cases. One hundred full-text, written judicial decisions from 2016 to 2022 were analyzed. Findings indicate that judges tend to discuss IPV as it relates to sexual and psychological violence; threats, coercive control, and physical violence; isolation and stalking; economic abuse and threats to take children away. Given that current Canadian law does not recognize psychological abuse as a criminal offence, this may signal a need for the creation of a legal definition of IPV to align with how more directly it is being discussed in courtrooms.

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Published

2024-06-13

How to Cite

Bowns, A. J., Giesbrecht, C. J., & Bruer, K. C. (2024). How judges in Canadian criminal courts define intimate partner violence. Journal of Community Safety and Well-Being, 9(2), 81–86. https://doi.org/10.35502/jcswb.387

Issue

Vol. 9 No. 2 (2024)

Section

Original Research

License

Copyright (c) 2024 Author(s)

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