In the first part of this two-part blog series, I argued that Quebec’s new court division that will exclusively hear sexual violence and domestic violence cases has the potential to increase access to justice for victims of sexual and domestic violence. I qualify this argument by noting that only time will tell how effective these courts will be. In this second part, I argue that regardless of the effects of this new court division, the Quebec government should implement a wider set of amendments to the Quebec legal system. These amendments will ensure that the legal system meets the needs of victims of sexual and domestic violence.
Quebec has seen a staggering number of domestic violence related murders, with the province surpassing its fifth femicide on May 10th of this year. These tragedies highlight that more interventions and preventative measures are needed to reach victims before violence escalates to murder. While the new court division for sexual and domestic violence is a step in the right direction, changes to the judicial system will only go so far. More must be done to protect victims from their abusers and ensure that they feel supported by the legal system before they even step foot in the new court.
What is Already Being Done?
Notably, the “Rebatir la Confiance” report that recommended the creation of a new division for sexual and domestic violence also gave 189 other recommendations that Quebec should adopt to protect victims – and thankfully, some have already been adopted. For example, one recommendation was for the province to implement a tracking system for abusers charged with domestic violence and, in March 2022, the National Assembly passed Bill 21, which creates a tracking system aimed at protecting victims from their abusers. When this system is applied (on the recommendation of a judge or a parole board and with the consent of the victim), both the victim and the abuser will receive a tracking device. If the abuser comes too close to the victim, authorities will be notified and police will be dispatched to intervene. While the system is still in its pilot phase in the Quebec City region, the province aims to expand the program across the province by 2023.
What More Must be Done?
Other recommendations from the “Rebatir la Confiance” report have yet to be implemented. A notable one is recommendation #80 which states that Quebec should adopt a provincial protocol in which a police officer accompanies a victim to retrieve their belongings from their abuser’s house. Because victims are most at risk when they announce their intention to end their relationship, such a protocol would help victims leave an abusive household safely and could even save lives.
Another important recommendation that Quebec should implement is recommendation #5, which emphasizes that specialized support should be offered to historically underserved groups. Specifically, it states that people who identify as, for example, a new-comer to Canada, someone with a precarious legal-status, LGBTQIA+, or a man who has been sexually abused – these communities, among others, should receive specialized accompaniment and support services. While the government is now providing four free hours of legal advice to victims and more domestic abuse intervention services, these supports do not offer the specialized help that victims from underserved communities require. Thus, it is urgently important for Quebec to address recommendation #5 and provide targeted support to those who have been historically overlooked or oppressed by the legal system.
In addition to the recommendations outlined in the “Rebatir la Confiance” report, the Quebec government should increase access to public legal education related to sexual assault and domestic abuse. This is especially important because of the recent Brown decision in Canada and the Depp-Heard trial in the United States. Since the Brown decision, which was released in May 2022 and declared the provisions that limited the self-induced intoxication automatism defense to be unconstitutional, misinformation has been circulating with exaggerated statements claiming that intoxicated individuals have a free pass to commit sexual assault [link other blog post]. Such misinformation may prevent a victim of sexual assault from coming forward out of fear that their case will be thrown out because the abuser was intoxicated. In the US, survivors and scholars commenting on the outcome of the recent Depp-Heard trial have warned that victims may choose not to come forward because of new fears that their abuser could retaliate by suing them for defamation. Reflecting on the Brown decision and the Depp-Heard trial, Quebec should launch an educational campaign to clarify the misconceptions created by these two rulings. Specifically, the public needs to know that the Brown decision did not create a “free pass” for sexual assault when a perpetrator is intoxicated and that Quebec has a special provision to ensure that the justice system is not used to restrict an individual's freedom of expression. Such a campaign will ensure that victims of sexual assault and domestic violence are not dissuaded by misinformation and, similarly, have accurate information about the legal services that can help them, including the new specialized court division.
Conclusion
While the new specialized division is an important development in addressing sexual and domestic violence in the province, Quebec should take a more holistic approach and adopt more of the recommendations made in the “Rebatir la Confiance” report, especially recommendations #80 and #5. Quebec should also consider launching an educational public awareness campaign to counteract the deleterious effects that recent highly publicized legal cases may have on victims. Pursuing a multi-faceted approach that builds on the benefits of the specialized division will serve to better meet victim’s needs and improve access to justice. Ultimately, efforts such as these will help rebuild confidence in the legal system and create a safer, more just society for all.
