Table Of Content

WIFE ABUSE — ASSESSING THE INTERVENTIONS OF LAW AND SOCIAL WORK 1993 SWK4423F Professor J. Mosher t V'. jr Selected Topics Thanks to Caroline Meyer, Tracey Jackson, Denise Lightning, Robin MacAulay, Donna Marchand, Denise Reaume, Martha Shaffer, Steve Shoshan, Sheilagh Turkington, and Michelle Williams, for their assistance in preparing these materials. rr h • s, ) S' 0 BUKA LASKIN LAW LIBRARY .UNIVERSITY OF TORONTO WIFE ABUSE — ASSESSING THE INTERVENTIONS OF LAW AND SOCIAL WORK 1993 SWK4423F Professor J. Mosher Selected Topics Thanks to Caroline Meyer, Tracey Jackson, Denise Lightning, Robin MacAulay, Donna Marchand, Denise Reaume, Martha Shaffer, Steve Shoshan, Sheilagh Turkington, and Michelle Williams, for their assistance in preparing these materials. Digitized by the Internet Archive in 2018 with funding from University of Toronto V https://archive.org/details/wifeabuseassessi02mosh_0 SELECTED TOPICS TABLE OF CONTENTS The Criminal Justice Response — Mandatory Charge» No Drop Lawrence W. Sherman and Richard A. Berk, "The Specific Deterrent Effects of Arrest for Domestic Assault" (1984), 49 American Sociological Review 261 . 1 Brenda Farge and Barbara Rahder, "Police Response to Incidents of Wife Assault", (Toronto: Assaulted Women's Helpline, 1991) pp 1, 3-20 . 6 Globe and Mail, "Laying Charges Save Wives", July 5, 1991 . . 17 Globe and Mail, "New Police Policy on Domestic Violence Praised", Sept. 12, 1992 . 18 L. Sherman et al., "The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment" (1992), J.Crim.L. and Criminology 137 . 19 D. Hirschel et al., "Female Spouse Abuse and the Police Response: The Charlotte, North Carolina Experiment" (1992), J.Crim.L. and Criminology 73 . 21 Lisa Lerman, "The Decontextualization of Domestic Violence" (1992), 83 J.Crim.L. and Criminology 217 . 23 E. Buzawa and C. Buzawa, Domestic Violence, the Criminal Justice Response (London: Sage, 1990) at 84-93, 102-5 .... 27 R. Morley and A. Mullender, "Hype or Hope? The Importation of Pro-Arrest Policies and Batterers' Programmes From North America to Britain as Key Measures for Preventing Violence Against Women in the Home" (1992), 6 Int.J.Law and the Family 265 . 34 Report of Aboriginal Justice Inquiry of Manitoba, "The Justice System and Aboriginal People" Manitoba, 1991) pp 483-7 . 38 "Is Anyone Listening?", Report of the British Columbia Task Force on Family Violence, 1992 . 41 Ruthann Robson, "Lavender Bruises: Intra-Lesbian '' Violence, Law and Lesbian Legal Theory" (1990), 20 Golden Gate L.R. 567 . 47 Caroline Forell, "Stopping the Violence, Mandatory Arrest and Police Tort Liability for Failure to Assist Battered Women" Berkeley Women's Law Journal 215, at 219-224 . 56 11 Rosemary Tong, "Black Perspectives on Women, Sex and the Law", in Women. Sex and the Law.59 Amina Mama, The Hidden Struggle: Statutory and Voluntary Sector Responses to Violence Against Black Women In the Home (London: London Race and Housing Research Unit, 1989) pp 165-183 . 60 Linda MacLeod and Cheryl Picard, "Toward A More Effective Criminal Justice Response to Wife Assault: Exploring the Limits and Potential of Effective Interventions", (Ottawa: Department of Justice, 1989) pp. 1-3, 6-18, 25-42 . 70 Dawn H. Currie, "Battered Women and the State: From the Failure of Theory to a Theory of Failure" (1990) , 2 Journal of Human Justice 77.90 Stalking Bill C - , An Act to amend the Criminal Code and the Young Offenders Act.99 Backgrounder, Amendments to the Criminal Code Respecting Family Violence, April 27, 1993 . 100 Globe and Mail, "Stalking Law Targets Predators", April 28, 1993 102 Globe and Mail, "Antistalking Measure Criticized", April 29, 1993 103 Globe and Mail, "How Sweden Thwarts Stalkers", August 10, 1993 . 104 Disclosure Gruenke v. The Queen (1991), 67 C.C.C. (3d) 289 . 105 R. V. Stinchcombe (1991), 8 C.R. (4th) 277 . 120 Maureen Hogan, "The Constitutionality of an Absolute Privilege for Rape Crisis Counselling: A Criminal Defendant's Sixth Amendment Rights Versus a Rape Victim's Right to Confidential Therapeutic Counselling" (1989), 30 Boston College Law Rev. 411 127 civil Protection Orders Children's Lav Reform Act.129 Family Lav Act. R.S.O. 1990 . 130 Mauricio v. Mauricio (1979) 9 R.F.L. 243 . 131 Katherine McCann, "Battered Women and the Law: The Limits of the Legislation".13 5 Battered Woman Syndrome Lenore E. Walker, "The Battered Woman Syndrome" in Hotaling et al (eds.) Family Abuse and its Consecruences (California; Sage Publications Inc., 1988) at 139.148 R. y. Layallee (1990), 55 C.C.C. 97 (S.C.C.) .152 Elizabeth Schneider, "Describing and Changing; Women's Self-Defense Work and the Problem of Expert Testimony on Battering", (1986) 9 Women's Rights Law Reporter 195.162 ^ Christine A. Littleton, "Women's Experiences and the Problem of Transition; Perspectiyes on Male Battering of Women", [1989] Uniyersity of Chicago Legal Forum 23 ... 174 Custody Children's Law Reform Act. R.S.O. 1980 . 192 Children's Law Reform Act. R.S.O. 1980, as amended S.O. 1989, not yet proclaimed.193 Divorce Act. 1985. S.C. 1986, c.4, as amended.194 The National Clearinghouse on Family Violence, "Wife Abuse — The Impact on Children", (Ottawa; Health and Welfare Canada, 1991).195 Peter G. Jaffe et al. Children of Battered Women (London; Sage Publications, 1990), Chapter 3, "Understanding the Impact of Traumatic Events in the Lives of Children".197 Renaud v. Renaud (1989) , 22 R.F.L. (3d) 366 . 208 Clothier v. Ettinger (1989), 91 N.S.R. (2d) 428 . 210 iv MacLeod v. Savidant (1992), 40 R.F.L. 443 . 212 Carlson v. Carlson (1990), 32 R.F.L. (3d) 383 (B.C.S.C.) 216 Young V. Young (1989), 19 R.F.L.(3d) 227 (Ont.H.C.J.) .... 221 Jaffa et al., "Are Children Who Witness Wife Battering In Need of Protection" (1987), 31 Journal (Ontario Association of Children's Aid Societies) 3 . 227 Naomi Cahn, "Civil Images of Battered Women: The Impact of Domestic Violence on Child Custody Decisions" (1991), 44 Vanderbilt Law Rev. 1041 ..230 Myra Sun and Elizabeth Thomas, "Custody Litigation on Behalf of Battered Women" (1987), 21 Clearinghouse Rev. 562 238 Mediation National Woman Abuse Prevention Project, Domestic Abuse and Mediation: Guidelines for Mediators and Policy Makers (Washington) . 245 N. Zoe Hilton, "Mediating Wife Assault: Battered > Women and the 'New Family' (1991), 9 Canadian Journal of Family Law 29 . 261 1 , Dianna R. Stallone, "Decriminalization of Violence ^ in the Home: Mediation in Wife Battering Cases" (1984), 2 Law and Inequality 493, at 505-519 . 274 Organization and Delivery of Legal Services Geraldine Waldman, "Representing the Battered Woman" ^ (1988), 3 Canadian Family Law Quarterly 167 . 280 Lucie White, "To Learn and Teach: Lessons From Driefontein on Lawyering and Power", [1988] Wisconsin Law Rev. 699 . 287 T. Alfieri, "The Antinomies of Poverty Law and a Theory of Dialogic Empowerment" (1986-87), XVI Review of Law and Social Change 659 . 294 Synopsis of Legal Aid Subcommittee Report on the Delivery of Legal Aid Service in Family Law In Metropolitan Toronto (October, 1991) . 301 V Report of the Family Law Tariff Review Sub-Committee, June, 1992, Ontario, pages 1-10, 14-18.. . . 305 C) Mary Jane Mossman, "Shoulder to Shoulder: Gender and Access to Justice" (1990), 10 Windsor Yearbook of Access to Justice 351 at 359-363 . 320 Christine Boyle, "Commentary" (1990), 10 Windsor Yearbook of Access to Justice 376 . 322 "No Batterers Policy Challenges Basis of Legal Ethic" /[) The Globe and Mail. July 20, 1992. 325 Issues in Social Service Delivery Gus Kaufman, "The Mysterious Disappearance of Battered Women in Family Therapists' Offices: Male Privilege Colluding With Male Violence" (1992), 18 Journal of Marital and Family Therapy 233 . . . . 327 Soraya Coley and Joyce Beckett, "Black Battered / Women: Practice Issues", [1988] Journal of Contemporary Social Work 483 . 333 Atsuko Matsuoka and John Sorenson, "Ethnic Identity o and Social Service Delivery" (1991), 8 Canadian Social Work Rev. 255 . 340 Wanda Webb, "Treatment Issues and Cognitive Behavior Technigues with Battered Women" (1992) 7 Journal of Family Therapy 205 . 347 Monitoring Committee for twenty-four First Nations in Northern Ontario, Za-aeh-do-win (Manotsaywin Nanotoojig Family Violence Services Planning Project, (1990) pp. 1-2, 12-20, 29-42 . 353 Education Wife Assault. "Feminist Counselling" V by Helen Levine. 365 y Melanie Shepard, "Feminist Practice Principles for Social Work Intervention in Wife Abuse" (1991), 6 Affilia 87 . 369 Nomi Porat, "Support Groups For Battered Lesbians", in Kerry Lobel for the National Coalition Against Domestic Violence Lesbian Task Force, ed., Naming the Violence. Speaking Out About Lesbian Battering. (Washington: The Seal Press, 1986) 80 . 372 vi Kathy Wiebe, "Violence Against Immigrant Women and Children. An Overview for Community Workers." Second Edition (Vancouver: Women Against Violence Against Women, 1985) pp. 5-6.376 Report of Aboriginal Justice Inquiry of Manitoba, "The Justice System and Aboriginal People" Manitoba, 1991) pp 487-9 . 378 Linda MacLeod, "Counselling for Change" Evolutionary Trends in Counselling Services For Women Who Are Abused and For Their Children in Canada", (Ottawa: National Clearinghouse on Family Violence, Health and Welfare Canada, 1990) pp. 1-4, 7-13, 18-21 . 380 Susan Schechter, "Building Bridges Between Activists, Professionals, and Researchers" in K. Yllo and Michele Bograd (eds.) Feminist Perspectives of Wife Abuse (Sage Publications: London, 1988) pp. 299-312 . 391 Milagros Prats Paredes, Setting the Precedent: Process as Change in Meeting the Needs of Immigrant and Refugee Women Surviving Abuse and Sexual Violence. Submitted by the Advisory Committee of the Immigrant and Refugee Women's Project: Education Sexual Assault. April 1992. pp. D-1 to D-17.398 Batterer'S Proarzunmes and the Duty to Warn Alan Rosenbaum and Roland D. Maiuro, "Perpetrators of Spouse Abuse", in R.T.Ammerman and M.Hersen (eds.) Treatment of Family Violence (Toronto: John Wiley and Sons Inc., 1990) pp. 280-303. 415 James Ptacek, "The Clinical Literature on Men who Batter: A Review and Critique", in G.T. Hotaling et al. Family Abuse and Its Conseouences (California: Sage Publications Inc., 1988) at 149 . 427 Oliver J. Williams, "Ethnically Sensitive Practice to Enhance Treatment Participation of African American Men Who Batter", [1992] Journal of Contemporary Human Services 588 . 433 Barbara Hart, "Beyond the 'Duty to Warn': A Therapist's Duty to Protect' Battered Women and Children" in K. Yllo and Michele Bograd (eds.) Feminist Perspectives of Wife Abuse (Sage Publications: London, 1988) pp.234-246 437