When physical coercion is used, the effects of violence on victims and the motivations of those who perpetrate it can be easily understood and categorized. Coercive control violates persons’ human rights, which are protected by the Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, and Canada’s Human Rights Act. These legal mechanisms safeguard the entitlements to fair treatment, unrestricted speech, freedom from harassment, and the entitlement to lead a life characterized by dignity.
What Is Coercive Control in Domestic Violence?
Coercive control is a kind of domestic violence that occurs in families. The term “coercive control” refers to the process by which abusers intentionally employ violence, threats, humiliation, and intimidation in order to inflict harm, punish, or instill fear in those who have survived the abuse. It is not associated with a particular occurrence but rather a pattern of conduct that is performed on purpose and in a regular manner. Engaging in conduct that is deemed to be controlling or coercive within a close or familial relationship is considered to be a criminal violation. Individuals involved may be subject to legal charges in Canada. We at Solutions Family Law Group are able to provide you with guidance and support if your partner is currently indulging in this abusive conduct.
Coercive Control and Divorce Act in Canada
When it comes to tackling illogical conduct, it is essential to recognize that other forms of abuse are equally damaging, despite the fact that physical and sexual abuse may be more readily identified. The psychological, financial, and emotional manipulation that one spouse may perform on the other is an example of these types of control. Every one of these three forms of abuse might be categorized as instances of coercive control, depending on the circumstances. According to the Divorce Act, the maximum punishment for the criminalization of coercive control is five years in prison. This crime is considered a serious offense in Canada.
What Are Examples of Coercive Control?
Coercive control often manifests itself in the following behaviors:
- Isolating the individual from their friends or family
- Depriving them of their basic needs
- Threatening to harm or kill them or their children or their pets
- Monitoring a person via online communication
- Controlling how much money they have and how they spend it
- Monitoring their everyday activities
- Threatening to publish information about them
What Are The Warning Signs of Coercive Control?
The identification of coercive control may be difficult; hence, we have created a list of questions to aid you in detecting the indications, which are as follows:
- Is your partner deliberately alienating you from your friends and family?
- Does your partner prevent you from meeting your fundamental requirements, such as accessing food, water, and shelter?
- Does your partner exert dominance over your sleep schedule, restrict your movements, dictate your social interactions, and regulate your choice of attire?
- Does your partner exert authority over your financial matters?
- Is the allowance they provide limited and within their control?
- Has your partner made explicit threats to harm or cause the death of your kid or children?
- Has your partner made explicit threats to disclose or distribute your confidential information?
- Has your partner impeded your access to transportation or employment?
- Have you had any instances of physical violence or sexual abuse from your partner?
How to Stop Family Violence and Coercive Control
It takes courage and will to deal with situations involving coercive control or domestic abuse in general. No matter whether you choose to stay in an abusive relationship or not, making safety a top priority is very necessary.
It is vital to acknowledge and accept the fact that the relationship is defined by abusive conduct in order to counteract coercive control. Occasionally, people are hesitant to admit that their partner is engaged in abusive conduct against them.
During the second step, you should talk to a trustworthy person who you can rely on and who will keep the information strictly secret—for example, a friend, a member of the family, or a colleague at work.
Make contact with a support group for victims of domestic abuse and talk about your feelings openly and honestly. You should inquire about your rights and choices, but you should avoid putting unnecessary pressure on yourself to make a hasty decision about what course of action to take. It is also helpful to reaffirm the idea that the circumstance is not the product of your acts and that you deserve something better. For that matter, you can count on our attorneys and mediators at Solutions Family Law Group.
Legal Protection Against Coercive Control
In the event that you are now experiencing or have previously been a victim of domestic abuse, several legal steps may be taken to protect your safety. A legal command that is given by a court to restrict a person from participating in a certain conduct is referred to as an injunction. To protect persons from being subjected to domestic abuse, a number of different types of injunctions may be used. It is within the criminal courts’ jurisdiction to make orders exclusive to the military and law enforcement.
Restraining orders, protection orders for domestic abuse, and stalker protection orders are all examples of common types of injunctions that are issued under criminal law. For the purpose of protecting persons who have been victims of domestic violence, the Family Court can grant injunctions. There are a few types of injunctions that are often used in family law. These include non-molestation orders, occupation orders, protection orders against forced marriage, and protection orders against female genital mutilation.
Legal Frameworks to Combat Coercive Control
An Act to amend the Criminal Code, also known as Bill C-332, is now having its second reading in the House of Commons. As of November 2023, the government of Canada has given its approval to this legislation. The law that is being suggested has the intention of making it a criminal offense to exercise coercive control over intimate relationships. This would encompass a wide variety of patterns of conduct that entail exercising control over a person’s perspectives, attitudes, and the manner in which they care for their young children or pets.
In addition, the proposal includes a provision for cross-examination as a protection against the possibility of the law being misused in a way that may result in more suffering being inflicted upon survivors.
Solutions Family Law Group: Standing Strong for Families
Our law firm can play a vital role in protecting you from family violence and coercive control. We provide a range of legal services and support, such as legal protection, restraining orders, filing charges, court representation, understanding your rights, and holistic support and referrals.
FAQs
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1- What Are Coercive Control Laws in Canada?
Since 2023, the Canadian government has suggested that coercive control should be on the list of domestic crimes and punishable.
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2- What is the definition of coercive control in Canada?
Every behavior that isolates one’s freedom is considered coercive control.
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3- Is coercive control a crime in Canada?
Coercive control is a criminal offense.
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4- How do we counteract coercive control?
You must gather enough evidence to make the court feel you are under pressure and force. Written threats, injuries, and hearings from neighbors could be a huge help.
