Specialized court helps victims of intimate partner violence ‘feel safe’ and ‘listened to’

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The network of specialized courts launched by the Quebec government in 2022 to hear intimate partner violence and sexual violence cases exclusively was designed to support and protect victims and improve their access to justice. So far 17 of Quebec’s 36 judicial districts have these courts and the rest, including Montreal, should have them by 2026.

Their establishment was key among the 190 recommendations of Rebâtir la confiance, a report based on input from experts and online consultations with nearly 1,600 victims of intimate partner violence and sexual violence, 30 per cent of whom deplored what they saw as a failure to be listened to and a lack of empathy and information during court proceedings. Justice Minister Simon Jolin-Barrette has been the government’s point person in the file.

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Workers in the field say women are re-victimized and re-traumatized from having to repeat their story multiple times — including to police investigators once a file has been assigned, workers at crime victim assistance centres, known as CAVACs, prosecutors and shelter staff.

More than anything these specialized courts are intended for the judicial process to accommodate these victims. It’s not a new court so much as a new way of offering services and organizing hearings for these cases, which, for the year ending March 31, 2024, represented 25,139 files, or more than 27 per cent of all files authorized in Quebec by the Director of Criminal and Penal Prosecutions (DPCP).

Additional staff was hired and most judges received special training. Cases are heard in a dedicated courtroom and courthouse spaces adapted to make victims feel secure and to prevent their inadvertently encountering those accused of violence agaInst them. Equipment such as screens and video-conference rooms are available to assist in testimony and support dogs are intended to help victims feel safer during court appearances.

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Assistance centres for crime victims were established in Quebec in 1988 and all 17 of the province’s administrative regions have one. Its workers help all victims of crime, free of charge, whether an incident has been reported to police or not. With the new tribunals, everyone who makes a complaint of intimate partner violence or sexual assault that goes to the Crown prosector meets with a CAVAC worker.

Much like that of the Côté Cour caseworker, the role of this worker is to evaluate the risks victims face, said Sophie Bergeron, co-ordinator of conjugal violence and sexual assault for the CAVAC network and co-ordinator for CAVAC for the establishment of the new tribunals. The worker’s assessment is then shared with the Crown prosecutor.

Côté Cour, a psycho-social service established in 1986, is a unique alliance between the health ministry, through the CIUSSS du Centre-Sud-de-l’Île-de-Montréal, and the criminal justice system. Its services are available, at no charge, to anyone required to appear in court following an incident of intimate partner violence or family violence authorized by the DPCP.

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“Offering a professional psycho-social opinion to the DPCP is major,” said Bergeron, a criminologist. “This way, decisions made by the Crown are much more informed. The prosecutor has the police file in his hands, but the police file is just the tip of the iceberg. The CAVAC worker goes to see what is underwater and then presents it to the prosecutor.

“It is important that the victim feel consulted and listened to in intimate partner violence cases, which are complicated,” she said. “Before, workers were in a silo. Now they are working together: It’s the same lawyer and the same caseworker involved throughout: The victim has her own team and this gives her confidence.”

Say a woman calls 911 and police arrest her spouse and impose conditions on him like “You cannot communicate with your wife,” said Bergeron. “And then a month goes by and the victim is no longer sure she wants the relationship to end. In the specialized tribunal, we listen carefully when the victim says: ‘I am not sure whether I want to be in court — but I want to be able to talk to my ex: He said he was in therapy.’

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“Our work is to look at the victim’s request and at her situation. Could telephone conversations be permitted? We provide the opportunity for her to make her request clear, which is important, and professional advice to help her — and then we evaluate it. Why is she making the request? Is she being pressured? Is it about the kids? Has he respected the conditions?”

Before the specialized tribunal was in place, the victim would contact the Crown prosecutor, “who would ask a few questions and then say yes or no” to contact, said Bergeron. The CAVAC worker operates differently.

“I like to say, ‘What was your intention when you went to the police?’ Our role is to see to it that victims feel listened to, that their wishes are respected and that they feel safe,” she said.

“What we have learned is that women who are ambivalent about what they want to do are less likely to go to places like CAVAC — and these are the women who are most at risk.”

sschwartz@postmedia.com

After the 911 call and an arrest, what happens to a woman facing intimate partner violence?

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