On the record : a family violence newsletter for the Alberta criminal justice system

8 Pages·1995·4.2 MB·English

by  Alberta. Alberta Justice

AL.W['r&
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SUMMER 1996 ISSUE CONTENTS
Serious and Violent Crime Strategy •
Elder Abuse — p rovincial government initiatives •
Woman of distinction award
On the record with Calgary Police Chief, Christine Silverberg
W h a t i s y o u r v i e w o f I k now of no other crimes which
domestic and family result in such personal and com-
violence? munal degradation. I k now of no
Domestic and family violence are other crime that thrives on commu-
crimes which can be likened to a
nity concealment and leaves be-
social disease invading our com- hind a g enerational legacy that will
munity and social systems. No haunt us well into the future.
other factor impacts our criminal
justice system, medical and hospi- What are your plans for ad-
tal systems, social services and dressing the issue of domestic
educational system in such a d ev- violence in Calgary?
astating manner. One of the most Responding to domestic and family
dangerous social phenomenon fac- violence is not simple. It requires a
ing us today, violence within the delicate balance between compas-
privacy of our homes, results in the sion and control; compassion in
abuse of partners, spouses, chil- treatment and support of victims
dren, the disabled and the elderly. and families and control through
the aggressive use of intervention,
Domestic and family violence are prosecution and punishment of of-
fenders. These crimes cannot be
not just victims’ rights issues nor
stopped nor prevented without an
just women’s issues; they are issues
that affect the entire community, integrated system-wide response.
Christine Silverberg, Calgary Police Chief
directly and indirectly. The young-
est victims are children who often
I a ccept the huge bank of social re-
carry this contagious disease search which reveals linkages be-
through their entire lifespan. The tween family violence and youth approach to address our role in re-
solving domestic violence.
most common victims are women crime; between family violence
and the most concealed victims are and child abuse, sex crimes and
This fall, in partnership with
the disabled and the elderly. The homicide. Therefore I h ave re-
symptoms of domestic and family cently established, within the Calgary’s Action Committee
violence are as diverse as these Calgary Police Service (CPS), a Against Violence, CPS will be re-
crimes themselves: suicide of Family, Youth and Violent Crime questing participation from the
criminal justice system and com-
young people; dependency on so- Section, encompassing youth crime
cial welfare; educational struggles areas and our Child Abuse, Sex memsuntiitcy Vsieorlviecnec e a Sgeynmcpioess i uinm .a D oI - a m
Crimes and Homicide units. The
and employment difficulties; sub-
stance abuse; immense medical Calgary Police Service is working hopeful this symposium will be ac-
tion oriented, not just study the is-
and hospitalization costs; crime closely with other groups in our
and an increasing need for diverse community and in partnership with sue, and will achieve several criti-
cal steps in our efforts to resolve
police services; and, tragically, loss other social agencies. Also created
family violence.
of life, horrific emotional and was an Advisory Committee on
physical harm to people of all ages Family Conflict to formulate an ef-
and walks of life. fective community-based police Cont’d on page 2
On the record with Calgary Police Chief, Christine Silverberg
(Cont’dfrom page 1)
I b elieve we need to clearly identify control. I b elieve the criminal jus- impact the concealment of domes-
what actually happens to victims of tice system, like the police, is be- tic violence through sensitivity, fair
domestic violence in the full con- ginning to r ecognize the depth of and diverse approaches and com-
this social problem and beginning
text of o ur social, justice and com- passion born of intimate knowl-
munity systems. I a lso believe we to take steps to impact it. There edge of v ictims and social tragedy.
need to track a number of cases, are some challenging realities. In
not only through the criminal jus- partner and spousal assault cases, Do you think the criminal jus-
tice system, but through our entire the prosecution often relies on the tice system prevents battered
community and social systems to victim’s testimony. If the victim re- spouses from taking action be-
truly find what works and what re- cants through fear of retaliation, cause it i s too complex?
sources are l acking. We can have dependency needs or other valid Complex means many things.
mountains of programs and fears, often the result is dismissal of There are cultures which may toler-
projects targeting these crimes, but the case. I b elieve, because of the ate or condone family violence. In
if t hey are not accessible, simple immense longitudinal effects of do- some cultures a woman who has
and most importantly actually be- mestic and family violence, that exposed her partner or husband to
ing utilized by victims, they cannot we, as part of the system, need to the criminal justice system may be
affect any real change. We need to be able to react to these crimes viewed as a second-class citizen by
understand the dynamics of these whether or not the victim is able to her family, friends and cultural sup-
crimes, not only in the context of contribute to the process. We also
the criminal justice system but also must continue to minimize the sys- port system.
in the contexts of our social, medi- temic and very real pressure placed
cal and educational systems and on victims. We must do more than (Cont’d on page 3)
we need to know this from the inti- what is j ust appropriate. We must
mate perspective of victims. do what is right.
THE Record
The symposium will also specifi- What can the justice system do
cally explore how the criminal jus- to have an impact on domestic
tice sysftecetivmely in a i n c Aollblearbtoar at ciavne , w omurlkt i -e f- Tahned cfraimmiilnayl vjiusotliecen c sey?s tem, like any On ttihcee tw Ricee c ao ry de a ri s (p wuibnltiers h eadn d b ys u Amlmbeerrt)a tJou s-
functional way t o resolve domestic other system, is limited in its effect. help people working in the justice system
violence. I w ill also be undertaking Working within the law and the ap- share ideas about preventing family vio-
external bench-marking. I b elieve plication ofl aw is not always simple lence. For copies of this newsletter contact:
we can learn from the successes or easy. For example, criminal har- Gloria Ohrt, Manager
and failures of other jurisdictions to assment (stalking) is difficult to
Prevention Programs
avoid depleting our efforts by prove yet it is a h orrific crime be- Public Security Division
“reinventing the wheel.” cause ito ften ruins a victim’s life. Alberta Justice
We must find ways to successfully
10th Floor, 10365 - 9 7 Street
intervene and prosecute this crime. Edmonton AB T5J 3W7
Do you think the criminal jus-
tice system is effective in re- Telephone: (403) 427-3457
sponding to d omestic violence? Statistics Canada’s 1993 National Fax: (403) 427-5916
E-mail: [email protected]
Sometimes yes, sometimes no. We Survey of Wife Assault clearly dem-
must not forget that many of these onstrates violence stopped or de- On the Record welcomes submissions
crimes remain concealed from the creased byn early half in all the situ- from the police, courts and correctional
criminal justice system. Research ations after police intervention. Po- services throughout Alberta. Please send
consistently demonstrates that do- lice intervention is something we can articles for the next edition by December
mestic and family violence re- do which has impact. We cannot, 13, 1996, to the address above.
mains, for t he most part, hidden however, as police or Crown pros-
from the criminal justice system. ecutors, impact the bulk of these The opinions expressed in this
Police are involved in investigating crimes if t hey continue to remain publication are not necessarily the views or
a very small percentage of these hidden from us and our community. policies ser voesf th e A rilgbhetr t tao uJsues,t i cien. w hTohlee e doirt oirn praer- t,
crimes and the judicial system ad- They must be brought into the open.
any article submitted. Authors’ names will
judicates even fewer incidents. be published unless otherwise requested.
As a criminal justice system, we
As I s tated earlier, the proper re- can and must ensure we respond Articles contained in this publication may
sponses to t hese crimes involves a with both compassion and control be reproduced with permission from the
editor.
balance between compassion and on a case by case basis. We can
©1996
iUllU
2
On the Record
On the record with Calgary Police Chief, Christine Silverberg
(Cont’dfrom page 2)
lence. We must not falter from our
Our aim in the criminal justice sys- and sensitized to very complex is-
tem is f airness, justice and doing sues. What equips officers to han- aim to eliminate these crimes from
what is right. Such an aim is com- dle abuse situations involves far our homes, our community and
our society.
plex in i tself, but our system of jus- more than standard operating pro-
tice is o nly one small part of the re- cedure: iti nvolves intimate under-
sponse to t his socially invasive standing oft he issues; it involves What do you think of programs
crime. Our criminal justice system an officer’s own concern with such already in place in Calgary to
becomes involved after the crime, violence; compassion and sensitiv- deal with family violence?
after the victimization and after the
ity towards victims; dedication to Calgary is a p rogressive city com-
cycle of generational predisposition truly helping others; and their in- prised of d iverse and concerned
to violence has taken root. Our sight and creativity. citizens. In March 1991, after
community resources require a co- much research, hearings and ef-
ordinated focused approach to
support the battered spouses when Force fo rto, nthe r Cepoomrmt u nofi t tyhe Manady o rF’asm i lTya sk
they take action. Violence in the City of Calgary was
released. This insightful report
How do police officers react identified that Calgary has a solid
base of community services, which
when they respond to a d omes-
I t hink is a reflection of the care and
tic dispute? Are they really
equipped to handle these concern of people living here. The
situations? result of this report was the creation
Police officers develop an intimate of the Action Committee Against
Violence. This committee has
knowledge of the effects of domes-
tic violence by their very experi- worked diligently to identify any
ence with crime and violence. fragmentation of services and to
When an officer arrests a y oung of- improve collaboration and protocols
fender and in the course of speak- amongst service providers. The
ing with the child learns the child Calgary Police Service has been
refuses to go home, because the actively involved in this process
home houses violence, the officer which is showing positive results.
In your policing career, what
learns the effects of this crime in a
has been your personal experi-
conclusive and intimate way. ence with domestic violence? Within the Calgary Police Service
Through my own policing experi- are a number of centres of excel-
Police response to a d omestic dis- enc e Ih ave come to realize the hu- lence dedicated to providing not
pute involves an immense array of man, community and societal deg- only effective police response to
obvious and obscure skills. Obvi- radation that begins and is fostered family violence, but also police and
ously an officer must ensure the through domestic violence. I h ave community support, guidance and
safety of the primary victim, of sec- learned that its face is as diverse as assistance. The Calgary Police
ondary victims (often children), of its effects. I h ave learned that Service Cultural Resources Unit
themselves and the perpetrator. problems of substance abuse in our
They do this in a variety of ways community are often rooted in do- works vdeirslei gceonmtmulnyi t iweist htion d tehvee l coipt y’ si n -d i-
utilizing a v ariety of techniques. Also, mestic violence. I h ave learned
creased understanding of the ethno-
officers must possess a t rue under- that youth crime and juvenile pros- cultural factors which can impact
standing of t he complex dynamics titution are problems rooted in and conceal family violence.
of violence in the home. They family violence. I h ave seen the
must understand emotional abuse,
generational continuance of do-
possible financial implications for the mestic and family violence. I h ave ATshsei s tCaanlcgea r yU n iPto l ipcreo v Siedrevsi c ee x tVeincstiivmes ’
victim, the often hidden trauma for learned that most of the violent services to victims of domestic and
children exposed to violence and the crime that exists in our society has
very real need for compassion and been learned or nurtured by vio- familtyi m Svuipopolret n cWeo.r k eTrhse aunnidt ’ sf o u7r0 pVoi-c -
support for victims as their abusers lence in t he home. I h ave come to lice officers assist more than one
enter the criminal justice system. realize that unless we uncloak this thousand adult victims of spousal
crime and intervene in a multi-sys- or partner violence in Calgary each
No situation of domestic violence is tematic way, we will continue to
the same as any other. We must have to cope with the diverse, of-
ensure that our officers are trained (Cont’d on page 7)
ten masked symptoms of such vio-
3
On the Record
Beyond the violence: reaching for
Crown’s eye view
of the
higher ground
multidisciplinary
process in action Preventing f amily violence is a
goal shared by many across Alberta resources listed include ma-
Canada. Beyond the Vio- terials available from Alberta Jus-
obin Darin, Chief lence: Reaching for Higher Ground tice, Alberta Family and Social
Crown Prosecutor, is a new resource guide that pro- Services (the Office for the Preven-
Lethbridge, reports on the vides information on provincial tion of F amily Violence), Alberta
creation of a committee in and territorial public awareness Agriculture, Food and Rural Devel-
Lethbridge to address domestic strategies and initiatives to prevent opment, the A lberta Human Rights
violence issues of concern to the family violence. Commission, AADAC, Alberta Ad-
justice system: vanced Education and Career De-
The guide uses an annotated bibli- velopment, and the Seniors Advi-
By September 1995, the ography format, and focuses on sory Council for Alberta.
initiatives and materials that are
Lethbridge Domestic Violence
Committee was well-organized and empowering victims. Alberta community organizations
had agreed upon an approach to and government departments can
the problem of domestic violence. “...empowerment is about victim's receive free copies of Beyond the
Violence. For more information or
ability to analyse their own situa-
tions, decide for themselves, and to order a copy, please contact:
• i dentify the problem;
• f ormulate solutions and take action to improve their lives. Citizenship Services Branch,
develop a p lan of action; It is about addressing the reasons Alberta Community Development,
Room 901 Standard Life Centre
• m arshal resources and for victim's marginalization in
coordinate the efforts of many aspects of life. Empower- 10405 Jasper Avenue
various agencies; ment ... means self-confidence, Edmonton, Alberta T5J 4R7,
• p ut the plan into effect; and the feeling that change is p os- telephone: (403) 422-4927, (or toll
• m onitor the progress and sible. ” (excerpted from a M ATCH free throughout Alberta at 310-0000)
International Centre brochure, as
effectiveness of the plan. Fax: (403) 422-4927. ❖
quoted in Beyond the Violence)
Implementation of this approach Wendy Joy, Policy Advisor
was greatly enhanced with the Senior officials developed the Women’s Policy and Programs
Citizenship Services Branch
appointment by the Lethbridge guide through a f ederal and pro- Alberta Community Development
Police Service of a senior sergeant vincial and territorial working
group project on violence against
to the post of “Domestic Violence women. Their goal was to help
Coordinator.” It became the
responsibility of Sergeant Randy government and community or-
Joseph to coordinate the efforts of ganizations take action against vio-
the Lethbridge Police Service in lence by s haring information from
across Canada. The guide notes
their approach to domestic vio-
lence cases. He was also man- how important it is to avoid
dated to f ully cooperate with other “reinventing the wheel.” It shares
agencies to ensure that the police best practices and good ideas from
intervention was as effective as across the country, and many of
possible. In this regard, he works the publications mentioned are
available free of charge.
closely with the Victims’ Service
Unit located at the police station,
headed by Susan Maclean. Beyond the Violence provides de-
They in turn work closely with the tails on print, audio/video and
staff at Harbor House and the training materials, as well as infor-
counselling agencies. The Commu- mation on programs and work-
nity Corrections office in Lethbridge shops. Many of the resources
has assigned Dave Shirley, Family listed were developed through pro-
Violence Coordinator, to counsel vincial and territorial initiatives,
those on probation for domestic while others reflect work done by
assaults. Although in its infancy, this non-governmental organizations.
coordinated approach is working This first edition is by no means ex-
very well. haustive, and there are plans to re-
Cover.
(Cont’d on page 5) vise and update the guide in 1998.
4
On the Record
Serious and Violent Crime Strategy
Alberta J ustice Minister, Brian
Category III offences include
Evans, at the annual meeting crimes such as assault (excluding
of the Alberta Association domestic assault) and minor
of Chiefs of Police on April 18, property offences in which no
1996, announced a new strategy violence has occurred. Offenders in
to focus justice resources on serious this category may be eligible to
and violent crime. The initiatives
participate in an Alternative Meas-
were developed jointly by Alberta ures Program or may be subject to
Justice, municipal and First Na- a conditional sentence.
tions’ police services and the RCMP
Speaking of initiatives the Minister
In announcing the strategy, Mr. Evans
said, “Family violence is a serious
issue and domestic violence of-
stated, “The strategy we are initiating
focuses our resources on the types of fences have been specifically ex-
crime which cause the greatest de- cluded from eligibility for the Alter-
native Measures Programs and
gree of c oncern in our communities.”
family violence offenders will have Gary Hutnan, Director, Serious and Violent
Crime Initiatives
The strategy classifies criminal of- their charges heard in court. Plac-
fences into three categories based ing domestic assault in Category II
on the severity and nature of the denotes that depending on the na- Department of Justice for the past
crime. These classifications will ture of t he offence and the charac- 29 years, the last nine as Director
provide a g uide in determining ter and circumstances of the of- of Fblicing Services in the Public
how cases, including family vio- fender, a community disposition Security Division. Mr. Hutnan will
lence, may best be dealt with. such as probation with treatment chair the Serious and Violent
and other conditions could be con- Crime Implementation Committee
Category I o ffences include sidered as an alternative to custody and also act as the Provincial
crimes of violence, such as serious for an offender convicted of a d o- SHOCAP Coordinator.
domestic assaults, stalking and
murder (first and second degree). mestic assault.” The Alberta Justice Serious and
Alberta’s Crown prosecutors will While domestic assaults are specifi- Violent Crime Strategy, also places
seek significant time in custody for cally included in Category II, t he more
offenders committing these crimes. serious cases of domestic assaults are garsesaitsetra n ceem p thharsoiusg h o nt h ev i crteicmesn’t ly
included in Category I a nd the offen- tabled Victims of Crime Act, which
Category II offences include der would be treated accordingly. was given Royal Assent on May 24,
crimes such as domestic assaults 1996. Once the regulations for Bill
(excluding the more serious To ensure the implementation of 33 have been put into place, it is
assaultive offences in Category I), the strategy continues to receive anticipated the new legislation will
break and enter (other than a priority attention on June 4, 1996, be proclaimed in early 1997. The
dwelling house or involving injury Gary Hutnan was appointed Direc- Act will ensure that the rights of
or attempted violence) and the tor, Serious and Volent Crime Initia- victims are recognized and
uttering of threats to cause death tives for a one-year term. Mr. respected throughout the criminal
or bodily harm. Hutnan has been employed by the
justice process. ❖
Crown’s eye view of the multidisciplinary process in action
(Cont’dfrom page 4)
The C rown Prosecutors’ office is represented on the committee in order that we can advise those involved
as to the limits and opportunities which exist within the judicial system. We make them aware of sentenc-
ing guidelines.
Although the Lethbridge Domestic Violence Initiative is less than a y ear old, it has already made a t angible and
positive difference with respect to the prosecution of domestic violence cases. While it is too early to tell if
significantly more progress can be made, the general consensus is that it is very much worth the effort. ❖
UU1U
5
z.
On the Record
Elder abuse — p rovincial government initiatives
A s a n n o u n c e d in t h e
Last fall, the Legislative Assembly
February 13, 1996 Throne passed the Protection for Persons
Speech, Alberta Commu- in Care Act. This legislation will
nity Development will be spear- help protect all adults, including
heading a strategy on elder abuse. seniors, who are residents of health
Community Development will and social care facilities and
assess the concerns and needs of
lodges, from abuse. Alberta
seniors and service providers with Community Development chairs
the aim of working toward appro- an interdepartmental committee
priate solutions. This will include
that is working on the implementa-
developing an inventory of existing tion of t his legislation, including a
services at the community level 1-800 telephone reporting line. In
and determining the need for order to ensure the coordinated
protocols and other resources for implementation of the Act, and in
those who deal with elder abuse
response to requests from Regional
cases. Alberta Community Devel- Health Authority, professional
opment will e xplore ways to raise associations, community groups
public awareness about elder and interested members of the
abuse, building on programs and public, a consultation process,
services already offered by chaired by Bonnie Laing, MLA,
government.
Calgary-Bow, will hear from
residents of care facilities, their
These activities will be done in
family members, organizations,
consultation and partnership with
agencies and regional
authorities. ❖
seniors’ groups, service providers,
financial institutions, the police
and other government depart-
ments. More formal needs assess-
ment activities, in consultation with Lyle Millang
seniors’ organizations, will com- Seniors Policy and Programs
mence later this year. Alberta Community Development
Crime Prevention Week 1997
afer communities need Crime Prevention
Alberta Crime Prevention Week is
everyone’s support. Each year
Alberta Justice and the Al-
supported by a communications
berta Community Crime Prevention strategy, advertising and a strong
Association co-host Crime Prevention network of advocates, police
Week. Focusing Albertans, police serv- services and community organiza-
ices and stake-holder groups on the tions. Start planning your involve-
opportunities and strategies that can ment now.
make our communities safer places
in which to live and work. The week For more information contact:
has proven to be an excellent vehicle
to raise a variety of personal safety Gloria Ohrt, Manager,
and other crime prevention issues. Prevention Programs,
Public Security Division,
Alberta Crime Prevention Week Alberta Justice
dates for 1997 are May 10 to 17.
10th floor, 10365 - 9 7 Street,
This week may be the best opportu- Edmonton, Alberta T5J 3W7.
nity for y ou, your agency, organiza- Telephone: (403) 427-3457,
tion or p olice service to publicly E-mail:
Fax: (403) 427-5916,
address family violence issues in
your community.
tana [email protected] ♦>
6
<7 On the Record
Provincial crime prevention site on the internet!
On the day before the launch of Alberta Crime Prevention Week (ACPW), Alberta Justice launched its crime
prevention site on the government web site.
Information from the ACPW ‘96 Coordinator Kits mailed out province-wide is contained on the site, including
media tip sheets, fact sheets on various issues (spousal abuse, home security, child safety, etc.), backgrounders,
Internet Passport to Crime Prevention sites, etc. To visit the site, go to:
http ://www. gov. ab . c a : 8 0/dept/j ust. html
The ACPW Coordinator Kit contains information about domestic violence, as well as spousal abuse statistics on
Alberta incidents, charging rates, effect on children, etc.*
Christine Silverberg
Woman of distinction award
(Cont’d from page 3)
year. Unit personnel reach out to
vaincdt i misn haots ptihteiarl s .r e sViidcetnicmess , a rien hsheellpteedrs SisEtxeecrut Si vues a nD i rBeocytloer, of
in completing Victim Impact State-
ments and are provided with vital AtonemEednmto n tHoon’mse Program,
assistance through the Court Prepa- was the recipient of a 1996
ration Program, a multi-agency pro- YWCA Woman of
gram between the YWCA, Calgary Distinction Award for her
Legal Guidance and Calgary Police work in the program.
Service. This free service assists vic- Atonement Home Programs
tims to o btain counselling, legal as- in Edmonton include the
sistance (including obtaining re- Lurana Shelter, a 2 1 day
straining orders), child care needs
facility for abused women
and support, often accompanying and children and the Child
victims to court.
and Parent Headstart
Program.
There are many Calgary Police
Service School Resource Officers
A F ranciscan Sister of
who work in Calgary schools.
Atonement for 45 years,
These officers not only educate stu- Sister Susan was born in
dents, they provide delicate and vi-
Derry, Northern Ireland and
tal support, guidance and assist- ministered in the United
Sister Susan Boyle
ance to c hildren and youth im-
States, Japan and South
pacted by f amily violence.
Africa prior to her arrival in
Edmonton in 1994.
What is the key to solving the
pWer o bmluestm iontfe r dvoemnee s tati c t he v eiaorllieenstc e? Colleague, Sister Mary Pat focused and creates
Galvin, says of Sister Susan, programs according to the
possilbowl esu ch o vpipoolretnucnei t tyo. b eW e l e acrannendo t a nadl- “She reminds me of the needs of the community
which is served, not the
then practised in the future. To ac- quote, ‘People are like
complish these goals, we must, as stained-glass windows, their needs of the organization.”
true beauty can only be
individuals and as a community, cre-
ate the conditions that ensure vic- seen if there is a l ight from During the last fiscal year
Lurana Shelter admitted 385
tims of d omestic violence do, in- within.’” In nominating
Sister Susan for the Woman women and 426 children.
deed, reach out for help and sup-
of Distinction Award, The shelter has 32 beds and
port. We must be willing as indi-
viduals, as a community and as an Rhonda Breitkreuz, Program admits any woman with or
entire social system to act with both Director at Lurana Shelter, without children who is
compassion and control in providing stated: “She remains client- fleeing domestic violence.*
help in an attempt to bring this in-
sidious crime to an end .♦>
7
On the Record
i in i
3 3286 51204 9723
New resources Bail hearings: a valuable tool
Brochure p ublished by: With the increased public interest in the prosecution, conviction
Communications and and sentencing of those individuals who abuse their spouses, the
Executive Services Branch, tools used to achieve these ends are sometimes overlooked.
Department of Justice Canada,
Ottawa, Ontario K1A 0H8 As a p rosecutor, one of the most effective tools available is p rovided by
the judicial interim release (bail) provisions in the Criminal Code. An ac-
cused person should be granted bail unless they are unlikely to attend
“Stalking is a C rime Called court appearances or are likely to pose a d anger to the public and
Criminal Harassment” re-offend while on bail. It is up to the Crown to demonstrate that either or
both of these factors are present with the particular accused person before
the court. In cases of spousal violence, however, the Crown will have spe-
cific concerns, particular to this offence. Of course, there is a risk of
35 minute video and facilitators
re-offending and of interference with the Crown witness (the abused
guide from Institute of Justice, BC spouse). More particular to this offence is the desire to get the abused
spouse out of the cycle of violence. In some cases, the only way to pre-
vent further abusive conduct and preserve the evidence of an abused
spouse is to keep them from re-entering the abusive relationship. Often
“Chartilenncge A gaNienswt W oWamteenr s :w i tVhi o- this can only be accomplished by detaining the accused until trial. In the
best of cases, the abused spouse will rediscover their own strengths, hav-
Disabilities”
ing had a reprieve from the abuser.
Purchase copies by contacting:
Dennette Retel, Justice Institute of A r ecent case emphasized for me the importance of these considerations
British Columbia, in bail hearings. John and Jane Doe reside in a rural Alberta community.
John has frequently physically abused Jane, but she had never provided
telephone: (604) 528-5632.
police with a statement. One winter evening, John picked Jane up from a
friend’s home, he dragged her to his car by her hair and severely as-
saulted Jane at home. Her eyes were swollen shut and horribly bruised
and because John had choked her repeatedly, she had welts and bruises
Program and video from:
around her neck. Typically, Jane did not seek police assistance, however,
Queensway-Carleton Hospital, the local detachment received an anonymous call the next day reporting
Nepean, Ontario
this incident. Jane agreed to medical assistance but still would not pro-
vide a statement. John, perhaps aware of police involvement, did not re-
“Senior Abuse: An Education turn home. The following day, Jane finally provided the police with a
Program and Response Proto- statement. John was arrested and applied for bail. Jane already fearful
col Model for Police Officers” of John’s release, wanting to be as helpful to him as possible, indicated
that she wanted him released. If J ohn is released, experience suggests
and
that Jane will not testify at trial. John offers to pay a l arge cash bail to
guarantee his attendance in court and to comply with a court order to
stay away from Jane while he is on bail. All of these factors were compli-
“The Other Side of Silence”
cated by t he approach of the Christmas season and all the emotions that
Purchase copies by contacting: season generates. No one wants to spend Christmas in jail. On the other
Mary Carson, hand, the likelihood that John will stay away from Jane over Christmas is
extremely remote. Christmas is also the season for a f ree flow of alcohol
telephone: (613) 721-2000,
and all the problems that creates.
extension — 2 752,
or
Anne Brammer, The court held that John posed an excessive risk to Jane’s safety and that
he was unlikely to comply with any court order. This meant that Jane was
telephone: (613) 721-4700,
extension — 3 752 guaranteed safety at least until John’s trial. It is p roperly understood as a
at reprieve, because it is clearly not a f inal solution. It means that Jane is
more likely to testify than she would have been had John been released.
Queensway-Carleton Hospital Effective use of the bail provisions of the Criminal Code can be a valuable
tool in dealing with spousal abuse. ❖
both are available for loan to
police services and Alberta Justice Michelle C. Doyle, Crown Prosecutor, Vegreville
staff by contacting: Film Library,
Public Security Division, Alberta
Justice, 10th floor, 10365 - 9 7 St.,
Edmonton, Alberta T5J 3W7, JJX Please recycle Liberia
telephone: (403) 427-3457
\ziC7 this newsletter
fax: (403) 427-5916. ❖
JUSTICE
limn
8
On the Record