The change requires parliament to consider criminalizing controlling conduct in relationships
The Elder Justice Coalition has lauded the House of Commons standing committee on Justice and Human Rights’ adoption of a change to the Protecting Victims Act that focuses on coercive control in intimate partner relationships.
The amendment requires parliament to review Bill C-16 five years from the receipt of royal assent to “consider, among other things, the criminalization of coercive or controlling conduct in relationships other than intimate partner relationships,” according to the EJC’s media release. The coalition indicated that the pitched reform is being put forward as Canada increasingly acknowledges coercive and controlling behaviour as a serious form of family violence.
Recently, the Supreme Court of Canada recognized a new tort of intimate partner violence in its watershed decision regarding Ahluwalia v. Ahluwalia, which involved a case where a party accused another of inflicting physical, emotional, and financial abuse over 16 years of marriage. The EJC highlighted the Bill C-16 amendment’s predominant effect on women in such a context, noting that coercive and controlling behaviour was a “well-established precursor” to intimate partner homicide.
While the SCC ruling concentrated on intimate partner abuse in the context of civil law, the coalition praised the developing legal acknowledgment of coercive control as a significant form of interpersonal harm and how it could drive wider discussions regarding relationships defined by trust, dependence, and vulnerability.
“This review is a good signal that government recognizes the harmful consequences coercive and controlling behaviour can have on older Canadians. The Coalition appreciates the attention being given to this societal problem and the momentum it creates for reform,” said Andrea Silverstone, Sagesse Domestic Violence Prevention Society chief executive officer, in a statement.
Nonetheless, the EJC said the five-year wait before parliament launches a review is too long and proposed faster legislative action.
“Delaying consideration leaves elder abuse victims without adequate criminal law protection from coercive and controlling behaviour by those they trust and depend on, including adult children, grandchildren, and caregivers. The seriousness and prevalence of this harm warrant a more urgent response,” said Marta Hajek, Elder Abuse Prevention Ontario chief executive officer.
The EJC pointed out that jurisdictions like England & Wales had already criminalized coercive control in intimate and family relationships back in 2015.
“The Justice Committee’s amendment is a meaningful step, but a five-year delay is difficult to justify given that there is over a decade of international experience to draw on. Older adults experiencing coercive control by relatives and caregivers need timely recognition and protection under Canada’s criminal law,” said lawyer Heather Campbell Pope, Dementia Justice Canada’s founding director.
A two-year coming-into-force period is in place for Bill C-16, allowing preparation time for the justice system. The EJC called for the inclusion of coercive control involving relatives into the new offence.
