Hope that stronger legal tools to combat intimate partner violence can be enforcedPublished Jul 30, 20268 minute readThis month changes were enacted to Bill C-16 that are hoped to provide more protection for people living in violent or abusive living situations and those going through the court system. Above, Jodi McDavid, Executive Director of the Cape Breton Transition House Association is cautiously optimistic about the potential efficiancy of the reforms, saying it depends on how they are enacted. CONTRIBUTEDArticle contentReforms to Canada’s Criminal Code that could have some effect on intimate partner violence came into effect on July 18. One of the most significant changes is the criminalization of the act of coercion in a relationship. 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Article contentArticle contentAn announcement by Attorney General and Justice Minister Sean Fraser, said that the reforms were shaped by extensive consultations and close collaboration with partners across the country, including victims and survivors. New measures give law enforcement and the justice system stronger tools to intervene, prevent harm, and ensure that serious crimes are met with serious punishments. Article contentIn Canada, one woman is killed by an intimate or former intimate partner every six days. Almost half (44 per cent) of Canadian women report having been subjected to some form of intimate partner violence.Article contentIn Cape Breton during 2025, one woman was allegedly killed by her partner and in 2026, one man and one woman were allegedly murdered by people known to them. Also over the past year, two women were killed in night-time hit-and-runs. Article contentThe reforms to the Protecting Victims Act represent new consequential law to protect victims and survivors of gender-based violence, including sexual violence and intimate partner violence. Article contentArticle contentIt is widely hoped that law enforcement agencies now have stronger tools to intervene earlier to combat sexual violence, gender-based and intimate partner violence before that violence turns fatal. New Criminal Code offences have been enacted for “coercive control” in intimate relationships and threats to distribute non-consensual intimate images. Article content Police tape surrounds a residence in New Waterford in April after a young woman died. It is hoped that new reforms to Bill C16 will help with legal intervention in personal relationships before they reach a stage where people are harmed. Photo by JEREMY FRASER /CAPE BRETON POSTArticle contentArticle contentCOERCIVE CONTROL LAWArticle contentWhere previously there was no specific offence prohibiting coercive control in the Canadian Criminal Code, as of July 18 a new law prohibits engaging in a pattern of coercive or controlling conduct toward an intimate partner. Article contentAccording to the federal government website, “while there is no one accepted definition of coercive control, the term “coercive control” or “coercive and controlling behaviour” is generally used to describe a pattern of controlling behaviour that takes place over time in the context of intimate partner relationships, as well as familial relationships, and serves to “entrap” victims, eliminating their sense of freedom in the relationship.” Article contentThe coercive control, however, must be found to be a “pattern of behaviour” rather than a one-time incident. Article contentChanges to Bill C-16 also now make femicide first-degree murder – the most serious homicide offence. Article content“This bill is a step in the right direction,” says Jodi McDavid, executive director of the Cape Breton Transition House Association. “It is difficult to say how much it will enable people to leave domestic violence, because that all depends on how the bill is enacted or applied.Article content“Take for instance an Emergency Protection Order (EPO), which removes an abuser from the home for a period decided by a judge. This could be a few days so the person experiencing violence can enter and gather clothing, medications, or children’s things. Or in other instances it can be for months at a time.Article content“At this time, it’s unclear if coercive control – something that is often continuous – will actually count as a reason to remove an abuser from the home under this new bill. Currently, EPOs are extremely hard to get, unless one is experiencing physical violence.’ Article contentArticle contentMcDavid says that in keeping with the new bill, there will also have to be interpretation and education throughout the legal system and all those agencies affiliated with it in terms of how the bill will be applied.Article content“And this will take time.,” she says. Article contentREPORT RECOMMENDATIONArticle contentAddressing coercive control falls in line with a recommendation that came out of the Mass Casualty Report of 2023 (Recommendation V.6). The report was a response to the mass killing of April, 2020 when 22 people, including one pregnant woman, were killed and three injured by a lone gunman who was determined to be abusive to his partner and other women in his relationships. Complaints had been made against him, but were ignored by law enforcement. Article contentHis partner, who ran for her life that evening, was investigated and charges contemplated. Article contentThe Commission recommended that: “Police and Crown attorneys/counsel carefully consider the context of intimate partner violence, and particularly coercive control, when criminal charges are being contemplated against survivors of such violence; and that police investigations and public prosecutions should engage subject matter experts to help ensure that the dynamics of intimate partner violence are understood.” Article contentArticle contentAs of this month, under section 264.1 (2) (c) (vi) of the Canada Criminal Code, the following conduct is illegal: “controlling or attempting to control the intimate partner’s expression of their thoughts, their opinions, their religious, spiritual or other beliefs, or their culture, including the intimate partner’s use of their language or their access to their linguistic, religious, spiritual or cultural community.” Article contentThis behaviour is being described as a pattern of conduct that includes such things as: violence, bullying, threats, denigration, harassment, humiliation, isolating, depriving and exploiting others, and forcing rules on another’s behaviour. Article contentMétis-Cree lawyer Victoria Perrie is vice-president of the Indigenous Bar Association whose mandate includes advancing Indigenous legal issues, promoting access to justice and ensuring that Canada’s laws and institutions are consistent with constitutional principles, Indigenous rights and the fair administration of justice. Article contentShe says the association supports the overarching objective of Bill C-16. Article content“Many of its provisions respond to real harms that Indigenous communities know all too well,” said Perrie. “At the same time, we believe several provisions warrant closer examination to ensure that the bill protects victims, respects Indigenous legal orders and remains consistent with constitutional principles. Article contentShe told the Canadian Senate last month that her organization strongly supports the creation of the new coercive control offence. Article content“Indigenous women, girls and two‑spirit folks continue to experience disproportionate rates of violence,” said Perrie. “For many victims, abuse is not a single incident. It is a pattern of domination, intimidation, isolation, surveillance, financial control and psychological abuse that escalates over time.Article content“The proposed offence reflects what survivors, advocates and the National Inquiry into Missing and Murdered Indigenous Women and Girls have been saying for years: Coercive control is often a precursor to serious violence and femicide.”Article contentArticle content‘COMBATTING GENDER-BASED VIOLENCE’Article contentCarl Alphonse, president of the Canadian Association of Black Lawyers representing 1,500 Black lawyers in Canada, testified at the same Senate committee that at its core, the government has a clear mandate to keep Canadians safe. Article content“Bill C-16, the Protecting Victims Act, seeks to fulfill this by combatting gender-based violence and the exploitation of children in both the physical world and the increasingly complex online environment,” said Alphonse.Article content“When the Black community examines criminal justice reform, we must do so through a dual lens: the lens of community safety as victims who deserve protection and the lens of systemic bias within the state apparatus.Article content“Black Canadians are not a monolith. We are deeply invested in eradicating domestic violence, protecting children and ensuring justice for survivors. However, as Black lawyers, we also know that, when Canada expands the scope of the Criminal Code, the net cast by law enforcement historically catches Black bodies at an alarming, disproportionate rate.” Article contentArticle contentEmilie Coyle, co-executive director of the Canadian Association of Elizabeth Fry Societies, clearly expressed her reservations to the Senate with the coercive control portion of the changes: “we are not for criminalizing coercive control at this time.” Article contentShe agreed that the issue of gender-based violence, including coercive control and femicide, is real and urgent. Article content‘DIFFICULT TO DEFINE’Article contentBut she questioned whether these changes will make people safer. Article content“As researchers and experts alike have already said, many people, particularly women, come into conflict with the law in the context of surviving violence, coercion or inequality. We unequivocally recognize coercive control as a serious harm; yet we offer, as they do, that criminalizing it comes with real risks: it is difficult to define and prove and is vulnerable to misuse.” Article contentShe expressed the opinion that the “victim and offender” divide in Canada is too rigid. Article content“In reality, the majority of the criminalized women and gender-diverse people we work with are both.” Article contentShe said many of the women her organization works with have long histories of intimate partner violence and other crime due to longtime abuse. Article content“Once labelled as ‘offenders,’ they will have their own victimization ignored and punished. The separation of the victim and perpetrator is a narrative that punishes the very people one would seek to protect,” Coyle told the Senate committee. Article contentShe said legislation is a blunt tool to solve really complicated social issues, like coercive control. Article content“I think when we are talking about the experience of the Canadian Association of Elizabeth Fry Societies, we see criminalized women and gender-diverse people who have had the very tools meant to protect them used against them.” Article contentSupporters of the three reformed bills disagree. They say the reforms will strengthen the Criminal Code by providing stronger protections against hate crimes, intimate partner violence, child sexual exploitation and emerging threats such as online sextortion and sexual deepfakes, while making bail harder to obtain for those accused of repeat violent offending. The new law imposes tougher consequences for serious crimes. Article contentArticle content“Canadians deserve to feel safe in their homes, communities and places of worship, said Sean Fraser. Article contentArticle contentWHAT’S NEWArticle contentFour of the top changes in the Protecting Victims Act bill relating to intimate partnerships: Article contentFemicide: Murders that occur in situations involving coercive control, hate, sexual violence or exploitation will be treated as first-degree murder, the Criminal Code’s most serious form of homicide. Murders will be defined as femicide when the victim is a female. Coercive Control: Create a new offence to prohibit engaging in a pattern of coercive or controlling conduct toward an intimate partner. Non-consensual distribution of intimate images: Ensure that the Criminal Code makes it illegal to threaten to distribute intimate images, including sexual deepfakes, without the consent of the person depicted. And increase the maximum penalty to 10 years imprisonment from five. Criminal Harassment: The criminal harassment offence requires the prosecutor to show that the victim feared for their safety, which often requires victim testimony. What has been amended is that the requirement that the victim feared for their safety is replaced with a requirement that a reasonable person in the victim’s circumstances would fear for their safety. Article contentArticle contentRosemary Godin is the Local Journalism Initiative reporter for the Cape Breton Post, a position funded by the federal government. Article content
Coercion in intimate relationships now illegal; step in right direction: Cape Breton advocate
