Department of Justice

MINISTERS RESPOND TO SELF-DEFENCE REVIEW

OTTAWA, September 26, 1997 -- Anne McLellan, Minister of Justice and Attorney General of Canada, and Andy Scott, Solicitor General of Canada, today released their response to recommendations made by the Self-Defence Review.

The Ministers announced they will follow up on all of the Review's law reform recommendations through broad consultation both with the provinces, who are responsible for the administration of justice, and with other interested parties. Consultations will also focus on guidelines for Crown prosecutors, police practices and Criminal Code amendments.

The Review, headed by Judge Lynn Ratushny, was established in 1995 to examine cases of women in federal and provincial institutions serving a sentence for murder in which the offender may have acted in self-defence. Understanding of the law as it applies to women involved in abusive relationships has evolved since the 1990 Supreme Court decision in Lavallée, and there was concern that there might be women in prison who had not had the benefit of this defence when it could have been available to them.

Judge Ratushny reviewed 98 applications and submitted three reports over the course of the Review. She recommended a remedy for seven applicants and made further recommendations that would change how the criminal justice system responds to cases in which self-defence is raised.

Ministers announced that they will provide remedies for five of the seven applicants for whom Judge Ratushny recommended action, in keeping with the intent and spirit of Judge Ratushny's work. Two women will receive remission of their sentences and two will receive conditional pardons. The fifth applicant will have her case referred to the Court of Appeal under s. 690 of the Criminal Code. The Ministers have decided not to accept the recommendations on the remaining two cases for reasons set out in their response.

"We believe the course of action we have adopted is a responsible and fair one. In our report, we identified a number of factors, including the need to consider public safety, that led us to our final decisions," Mr. Scott said.

"I would like to extend to Judge Ratushny and her staff our thanks for their dedication to an extremely difficult task -- one that brought them face to face with the personal hardships of many women," Minister McLellan said. "The integrity of our justice system depends upon its ability to ensure that those who come before the courts are treated justly. I intend to draw upon Judge Ratushny's excellent work to help improve the criminal justice system's response to the unique circumstances and needs of all women in abusive situations."

Ref.:   Yvan Roy               Richard Zubrycki
        Criminal Law Policy    Corrections Policy Branch
        Department of Justice  Solicitor General Canada
        (613) 957-4728         (613) 991-2821

        Pierre Gratton         Dan Brien
        Minister's Office      Minister's Office
        Department of Justice  Solicitor General Canada
        (613) 992-4621         (613) 991-2924