REVIEW COMMISSIONED OF MURDER CASES INVOLVING WOMEN WHO ALLEGE THEY KILLED THEIR ABUSERS IN SELF-DEFENCE

OTTAWA , October 4, 1995 -- The Solicitor General of Canada, Herb Gray and the Minister of Justice and Attorney General of Canada, Allan Rock, today announced the appointment of the Honourable Lynn Ratushny, a judge of the Ontario Court of Justice (Provincial Division), to lead a review of cases involving women convicted of killing their abusive partners, spouses, or guardians.

As part of her review, Judge Ratushny will make recommendations to the Minister of Justice as to the appropriateness of exercising the royal prerogative of mercy, which could include a new trial, or early release from prison. As well, Judge Ratushny will make suggestions as to how to clarify the scope and the availability of the defence of self-defence. She will also provide advice as to whether or not consideration should be given to reforming the law in this area.

In recent years, a number of Canadian women serving sentences for the murder of their partners have asked for their cases to be reviewed. They believe that they acted in self-defence and that their continued incarceration is unjust. "The review by Judge Ratushny will give such women an opportunity to seek a review of their case," said Minister Gray.

Terms of Reference for the review are enclosed.

Ref.: Cyrus Reporter      Yvan Roy
      Minister's Office   Senior General Counsel
      (613) 992-4621      (613) 957-4729

In recent years, there have been developments in our understanding of the law of self-defence as it relates to battered women who have been involved in abusive relationships. There are concerns that women convicted of homicide in these circumstances may not have received the benefit of the defence of self-defence when it may have been available to them.

We also now have an increased understanding of abusive relationships and their impact upon those who have been battered, and how this might support the use of the defence. Questions have also been raised about the circumstances under which these types of offences occurred and about whether our criminal law, sentencing processes and sentencing tools are adequate to deal with these circumstances.

Accordingly, the Honourable Lynn Ratushny, a judge of the Ontario Court of Justice (Provincial Division) is appointed:

(i) to review the cases of women under sentence in federal and provincial institutions who apply for a remedy and who are serving a sentence for homicide in circumstances in which the killing allegedly took place to prevent the deceased from inflicting serious bodily harm or death;

(ii) to make recommendations in appropriate cases to the Government of Canada for individual women whose circumstances merit consideration for the granting of the royal prerogative of mercy;

(iii) to clarify the availability and the scope of the defences available to women accused of homicide in the circumstances set out above; and

(iv) to make recommendations as considered appropriate with respect to possible law reform initiatives stemming from the review.

Judge Ratushny will be authorized:

(i) to adopt such procedures and methods as she may from time to time deem expedient for the proper conduct of her inquiries;

(ii) to engage the services of such staff and technical advisors as she deems necessary or advisable and the services of counsel to aid and assist her in the inquiry, at such rates of remuneration and reimbursement as may be approved by the Treasury Board.