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TECHNICAL REPORT
A FURTHER REVIEW OF THE SASKATCHEWAN VICTIMS OF DOMESTIC VIOLENCE ACT
Prepared for: Department of Justice Canada, Saskatchewan Department of Justice
February 15, 1998
wd1999-1e
Final Report
The present study was funded by the Research and Statistics Division, Department of Justice Canada. The views expressed herein are solely those of the author and do not necessarily represent the views of the Department of Justice Canada.
EXECUTIVE SUMMARY
Introduction
On February 1, 1995, the Government of Saskatchewan proclaimed The Victims of Domestic Violence Act. The new legislation was intended to fill gaps in the criminal justice response to domestic violence and to provide a wider range of remedies than those available under other current legislation.
The objectives of The Victims of Domestic Violence Act are:
- to promote the message that domestic violence is a serious concern for the justice system
- to assist victims by providing additional legal tools which fill gaps in the justice response to family violence
- to focus on assisting victims of domestic violence, in addition to offence violation and punishment of the offender
- to facilitate greater access by victims to longer-term remedies by expediting Victim's Assistance Orders, and
- to assist domestic violence victims who are unable to act on their own by allowing the use of Warrants of Entry.
Prior to proclamation of the legislation, Saskatchewan Justice consulted with 62 agencies involved in responding to domestic violence. These included: police, crisis intervention services, family services, Aboriginal service delivery agencies, tribal councils, safe shelters, sexual assault centres, immigrant women's organizations, youth centres, organizations representing Aboriginal women, disabled persons, agricultural women, as well as other provincial and local women, hospitals, interchurch networks, and seniors' abuse committees.
As well, a comprehensive training strategy was implemented to disseminate information about the legislation and its use. Saskatchewan Justice provided training for the specially selected Justices of the Peace, and approximately 2700 police and crisis intervention staff were trained by teams consisting of a police officer and a family violence specialist.
Prairie Research Associates evaluated the implementation phase of the legislation and issued a report of its findings in September 1996. The present study is a follow-up to that report. It assesses the extent to which the concerns identified in the initial report have been addressed, and identifies any new concerns which may have arisen since the earlier research was conducted.
Budgetary considerations in the present review precluded studying all provisions in the Act. Therefore, we focused this review primarily on Emergency Intervention Orders, which have yielded sufficient data for analysis.
Although we did not collect data on them in this review, the legislation also provides for Victim's Assistance Orders, a longer term remedy, and Warrants of Entry, which are designed for persons unable to act on their own. The 1996 report indicated that Warrants of Entry were not used and Victim's Assistance Orders were used only minimally (we found five). Furthermore, to locate them required a manual examination of court dockets and family law files.
Emergency Intervention Orders are intended to provide immediate, short-term protection to victims of domestic violence. Orders may be granted ex parte and can:
- restrain the abuser from communicating with or contacting the victim or members of the victim's family;
- give a victim exclusive occupation of the home;
- direct a peace officer to remove the abuser from the home; and
- direct a peace officer to accompany the victim or the abuser to the home to supervise the removal of personal belongings.
Methodology
We used a variety of approaches to conduct the evaluation:
- collection, review and analysis of administrative data (Justices of the Peace, courts and police);
- survey of community-based agencies;
- key informant interviews (Justices of the Peace and police);
- Victim interviews.
We tracked all Emergency Intervention Orders requested between January 1, 1997 and December 31, 1997. There were 394 orders requested in this period; we obtained detailed information on the 331 orders granted by Justices of the Peace.
Conclusions
Relevance of the Legislation
- The present research indicates that use of Emergency Intervention Orders is increasing. However, the research also confirms that Victim's Assistance Orders remain underused and that Warrants of Entry are not being used at all.
- Although it continues to be the case that orders are used primarily in instances of wife abuse, the data indicate a slight increase in the percentage of orders granted in situations of child abuse. Orders continue to be used only in very rare instances as a response to violence involving other cohabitants.
- Our research shows that Emergency Intervention Orders are now being used with greater frequency on reserves despite the absence, in most cases, of a by-law pertaining to exclusive occupancy of the home.
- There is general agreement among all parties that Emergency Intervention Orders are an effective way of helping victims of domestic violence. Emergency Intervention Orders are perceived as both complementing and providing additional benefits over current legislation. Most key informants judged the immediacy of the order as its most impressive feature.
Impact of the Legislation
- The present study confirms earlier findings that Emergency Intervention Orders are issued in the majority of cases that they are requested, and are confirmed in the majority of cases that they are granted. If they are not confirmed, it is typically because of insufficient evidence of an emergency.
- There was general agreement that the legislation helps victims of domestic violence and their families. In addition to providing immediate protection to victims, orders remove the onus from victims in dealing with domestic violence by allowing them and their families to remain in their home communities where they have access to family, school, employment and community support.
Achievement of Stated Objectives
Key informants agree that the legislation, when it is used, promotes the message that domestic violence is a serious concern for the justice system, that it focuses on assisting victims, and that it provides tools which fill gaps in the criminal justice response to domestic violence. Emergency Intervention Orders are perceived as an effective short-term remedy to domestic violence.
However, there is some doubt whether the legislation facilitates access to longer-term remedies. In particular, Warrants of Entry and Victim's Assistance Orders, for the most part, are not being used. As far as we know without follow-up information, Emergency Intervention Orders simply expire without any further action being taken.
Other Issues
Several of the implementation issues identified in the 1996 report are ongoing.
- The earlier report suggested that three factors are needed to facilitate greater cooperation between police, Mobile Crisis personnel, Justices of the Peace, judges, lawyers, victims services and shelter workers. There must be, among all actors involved, consistency in the interpretation of an emergency; a shared understanding of the situations in which orders are applicable; and familiarity with the dynamics of family violence. The present study indicates that problems persist in all three areas.
- Despite a generally positive assessment of the training delivered to the various organizations and agencies by key informants and survey participants, there is cause to believe that more training is still required. Several key informants said that the training focused inordinately on Emergency Intervention Orders at the expense of Victim's Assistance Orders and Warrants of Entry. It is possible that the almost complete failure to use Victim's Assistance Orders and Warrants of Entry supports this view. It is also possible that other remedies are found to be more familiar and/or sufficient. However, Saskatchewan Justice representatives explained that training was provided to different audiences on the basis of who would use the particular remedy. In the initial training the Emergency Intervention Orders were the focus to address the immediacy issue, with the assumption that front-line workers would assist victims in pursuing longer-term remedies.
Most police officers we interviewed said the training they received helped them to understand how the legislation could be used in conjunction with criminal law. However, many officers remain reluctant to use Emergency Intervention Orders in cases where charges are laid, preferring charges alone wherever possible and reserving orders for situations in which there is either not enough evidence to lay charges or the victim does not wish to have charges laid by police. Tracking Emergency Intervention Orders continues to be a challenge due to various administrative inconsistencies and gaps. These include the lack of a common identification system for Emergency Intervention Orders to facilitate cross- referencing of police and court files; inconsistencies in police files pertaining to orders; and the absence of a straightforward means of tracking breaches. We were unable to ascertain how many orders were breached.. In cases where they are reported to police, they are usually recorded as breaches of court orders.
Recommendations
Additional training is required for police, designates, Justices of the Peace, and others involved in dealing with the legislation. Interdisciplinary training could be considered. The training should:
- ensure that all parties involved in implementing the legislation are familiar with the dynamics of family violence;
- strive to foster a common understanding of the situations in which Emergency Intervention Orders are appropriate;
- remind designates that the legislation was designed to apply to all cohabitant relationships;
- incorporate the use of the Victim of Domestic Violence Act with other legislation used in situations of family violence.
Though the use of Emergency Intervention Orders on reserves is increasing, ongoing consultations with First Nations are required to improve on-reserve access to orders.
The role of the Emergency Intervention Order needs to be consistent with the charging directive.
There is some evidence that victims are experiencing financial difficulties while orders are in place. Section 3(3)(e) of the legislation is unclear about whether Justices of the Peace may require respondents to provide financial compensation to victims when the order is granted.
A common numbering system for Emergency Intervention Orders should be introduced to facilitate tracking and cross-referencing of police, court and Justice of the Peace files.
Breaches of Emergency Intervention Orders should be identified as such in police records. The present system of recording these as breaches of court orders impedes the tracking of outcomes.
Police services are not routinely generating monthly statistical reports on domestic violence. A commitment to produce such reports is recommended.
To ensure that victims know about all remedies in the Victims of Domestic Violence Act, an informational package should be developed for the public.
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