BCIFV home > Newsletter > 2002 Archives > Winter 2003 articles

From the Executive Director

Penny Bain, LLM

In August, the BC Ministry of Attorney General circulated a consultation paper proposing to increase diversion of "minor" cases of relationship violence prior to Crown counsel charge approval. The Institute conducted a literature review and concluded that the research does not support increased diversion of these cases and that it is likely the changes will have a negative impact in the following ways:

Fewer victims will contact the police for protection; victims will feel less safety and empowerment throughout the criminal justice process; arrest rates will decrease, leaving victims in high risk situations; criminal justice interventions will become less consistent, and as a result, society will receive the message that violence in intimate relationships is not always considered a crime; diversion may be used in cases where, in fact, a more rigorous investigation was needed; recidivism rates will increase and victims will be re-victimized; and Police and Crown will face increased liability, resulting in higher costs to the justice system.

Based upon the review of current literature, the BC Institute Against Family Violence met with the Attorney General and recommended that:

• The Ministry of Attorney General reconsider any plans to amend the pro-charge policy
• Any future plans for changes to the policy involve an extensive justice system and community consultation process;
• The Government of BC enhance support services for victims of violence in relationships in order to reduce stays of proceedings and to increase victim safety;
• The Ministry of Attorney General establish specialized domestic violence courts;
• The Ministry of Attorney General establish Crown counsel units that are specialized in the investigation and prosecution of violence in relationships offences; and
• If the Ministry of Attorney General proceeds with plans to increase diversion of minor cases of relationship violence prior to charge approval, the Ministry commit to tracking and evaluating the outcomes of such cases.

We continue to conduct research on victim risk assessment and safety planning, stalking risk assessment, and femicide and fatality reviews. Justice Canada has retained the Institute to develop a risk assessment screening tool for front line workers.The Institute held two major consultations with key stakeholders on victim safety planning and fatality reviews on November 27and 29, 2002.

Our current education projects include a video and curriculum material for ESL teachers and new immigrant parents on child discipline and child abuse, a booklet and workshops on immigrant women who are abused by their sponsors, coodination of the Canadian Health Network Violence Prevention website, and delivering workshops on emotional abuse of children with disabilities to caregivers and members of the public across the province.

Penny Bain