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November 2007 - Family Violence and the Justice Response

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Family Violence and the Justice Response
  Welcome  
  Fast Facts Sentencing in Family Violence Cases
  Feature Article

The Rankin Inlet Spousal Abuse Counselling Program

  New Resources in the NCFV Publications, Library, Videos
  Coming Soon to the NCFV Publications
  Key Dates and Events Events
  Potential Funding Source Policy Centre for Victim Issues; New Horizons for Seniors Program
  Research
  Next Edition... Family Violence and Homelessness


Welcome

The National Clearinghouse on Family Violence E-Bulletin is a quarterly newsletter for those interested in family violence prevention. It is produced by the Public Health Agency of Canada (PHAC) on behalf of the Family Violence Initiative (FVI) of the Government of Canada.

We want to hear from you! Please send your comments and feedback to our editor at:
ncfv-cnivf@phac-aspc.gc.ca

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Fast Facts

Sentencing in Family Violence Cases

According to linked police and court records from 1997/98 to 2001/02:

  • The courts are less likely to impose a prison sentence in cases of family violence than in non-family violence-related cases. This finding applies to spousal violence, violence against children and youth and violence against older adults. Some of this sentencing disparity may be explained by aggravating and mitigating factors such as the use of a weapon, the type of plea and the offender’s age.
       
    • In cases of spousal violence, current spouses are less likely to receive a prison sentence than estranged spouses (18% versus 26%).
    • In cases of family violence against children and youth, prison is more commonly imposed when the victim is under the age of three.
    • In cases of family violence against seniors (aged 65 years and older), adult children are more likely than spouses to receive a prison sentence.
                 
  • Probation is by far the most common sanction imposed on spousal offenders, occurring in 72% of cases.

Source:
Gannon, M. and Brzozowski, J-A. 2004. “Sentencing in cases of family violence” in Family Violence in Canada: A Statistical Profile 2004.

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Feature Article

The Rankin Inlet Spousal Abuse Counselling Program

Spousal abuse is a serious social problem in Rankin Inlet. As a way to begin to address this problem, the Pulaarvik Kablu Friendship Centre, in partnership with a number of organizations, including the Government of Nunavut, the Department of Justice Canada and Public Safety Canada, developed the Rankin Inlet Spousal Abuse Counselling Program (SACP), the first program of its kind in Nunavut. As part of this work, a Spousal Abuse Counselling Program Manual was created in 2002 and revised in 2005 based on feedback from counsellors and other stakeholders.

The SACP aims to reduce the incidence of spousal abuse in Rankin Inlet through the provision of culturally appropriate counselling services. The main counselling program, designed to provide an alternative to incarceration, is a court mandated program for abusers. There is also a program for victims of abuse and an educational outreach program. The Rankin Inlet Program relies on input and support from the community, particularly Elders, to ensure that it meets the needs of the community and incorporates traditional Inuit Knowledge.

Evaluations of the Program point to several positive outcomes, including that parents, offenders and victims report that their children are happier at home, less nervous and fearful, performing better in school, spending more positive time with their fathers and demonstrating awareness of more appropriate ways to deal with conflict at home.

The Rankin Inlet Spousal Abuse Counselling Program is an incredibly successful demonstration of the impact of empowering individuals and communities to develop solutions to violence and abuse. Other communities could potentially benefit from the SACP, but each community must develop a program specific to its own needs.

A copy of the final evaluation of the Program is available in English, French and Inuktitut.  If you would like an electronic copy, please contact Mireille Provost at MiProvos@JUSTICE.GC.CA

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New Resources in the NCFV

Publications:

The NCFV offers over 130 publications, including overview papers, reports, discussion papers and handbooks on family violence issues. To preview our most recent publications, please see our What's New page.  NCFV publications are available free of charge, in hard copy or online, in English and French and in alternative formats. To order, please visit our Web site or contact us.

Coming Soon

  • An update of the popular Vancouver Incest and Sexual Abuse Centre Sexual Abuse Information Series, which includes titles such as When Your Partner has been Sexually Abused: A Guide for Partners and Sexual Abuse – What Happens When you Tell: A Guide for Children.

Library:

The NCFV provides an extensive library reference collection, housed in the Health Canada Departmental Library. The following books may be borrowed through an interlibrary loan through your local public, academic or institutional library. Please contact the NCFV for more information or visit our Web site: http://www.phac-aspc.gc.ca/ncfv-cnivf/lib-eng.php

Resources on Family Violence and the Justice Response:

Policy on the criminal justice system response to violence against women and children: violence against women in relationships policy, by the British Columbia Ministry of Attorney General, Victoria, BC: the Ministry, 2004 (updated), 23 p.
Available online:  WB: http://www.pssg.gov.bc.ca/victim_services/publications/policy/vawir.pdf
Copyright: NB May not be reproduced or redistributed without the prior written permission of the Province of British Columbia.

The development of the Brief Spousal Assault Form for the evaluation of risk (B-SAFER): a tool for criminal justice professionals, by P. Randall Kropp & Stephen D. Hart, Ottawa: Dept of Justice Canada, 2004, 74 p. [call no.: ncfv/HV6626/K93dev/2005].
Available online:  http://canada.justice.gc.ca/en/ps/rs/rep/2005/rr05fv-1/index.html

Child protection and Canadian law: a service perspective, by Nora Rock, Toronto: Emond Montgomery, 2005, 263 p. [call no.: ncfv/KE3515/R682/2005].
Publisher's abstract: http://www.emp.ca/index.php?option=com_hotproperty&task=view&id=362&Itemid=6

Canadian child welfare law: children, families and the state, by Nicholas C. Bala, Robin Vogl, & Joseph P. Hornick, Toronto: Thompson Educational Publishing, 2004, 464 p. [call no.:ncfv/KE3515/B171/2004].
Publisher's abstract: http://www.thompsonbooks.com/55077144.htm

Youth exposed to domestic violence: a handbook for the juvenile justice system to enhance assessment and intervention strategies for youth from violent homes, by Linda L. Baker & Peter Jaffe, London, ON: Centre for Children and Families in the Justice System, 2003, 30 p. [call no.: ncfv/HV6626.29/C397juv/2003].
Also available: http://www.lfcc.on.ca/YE2DV.html

The challenge of children's rights for Canada, by Katherine Covell and R. Brian Howe,
Waterloo: Wilfrid Laurier University Press, 2001, 244 p. [call no.: ncfv/HQ789.C4/C873/2001].
Publisher's abstract: http://www.wlu.ca/press/Catalog/covell-howe.shtml

Finding a third option: the experience of the London Child Protection Mediation Project, by Alison Cunningham & Judy van Leeuwen, London, ON:  Centre for Children and Families in the Justice System, 2006, 200 p. [call no.: ncfv/HV746.L6/C973/2006].
Also available: http://www.lfcc.on.ca/third_option.html

Trauma, trials and transformation: guiding sexual assault victims through the legal system and beyond, by Judith Daylen, Wendy van Tongeren Harvey & Dennis O'Toole, Toronto: Irwin Law, 2006, 524 p. [call no.: ncfv/KE8928/D273/2006].
Publisher's abstract: http://www.irwinlaw.com/books.aspx?bookid=406

Indian residential school abuse claims: a lawyer's guide to the adjudicative process, by Ken R. Halvorson, Toronto: Thomson Carswell, 2005, 262 p. [call no.: ncfv/KE1312/H197/2005].
Publisher's abstract: http://www.carswell.com/description.asp?docid=4041

The rights of child victims and witnesses of crime: a compilation of selected provisions drawn from international and regional instruments, by the International Bureau for Children's Rights, Montréal: the Bureau, 2005, 208 p.
Available: http://www.ibcr.org/Publications/VICWIT/2005_Compilation_En.pdf

Domestic violence front end pilot project, by the Manitoba Provincial Court, Winnipeg: Manitoba Courts, 2005, 2 v.
Available: http://www.manitobacourts.mb.ca/domestic_violence.html
Available: http://www.manitobacourts.mb.ca/pdf/protocol.pdf

Strengthening the voices of children: responding to the needs of children in the justice system, by the Newfoundland and Labrador Violence Prevention Initiative, Justice Issues Committee.  St. John's: the Initiative, 2003, 16 p.
Available: http://www.gov.nf.ca/vpi/pdf/VoiceofChildren.pdf
Copyright information: http://www.gov.nf.ca/disclaimer.htm

Domestic violence action plan for Ontario, by the Ontario Women's Directorate. Toronto: Ontario Ministry of Citizenship and Immigration, 2005, 17 p.
Available: http://www.mcss.gov.on.ca/mcss/english/news/backgrounders/050308.htm

Youth justice in Canada: a resource manual, by John Sawdon, Susan A. Reid-MacNevin & Bruce Edwin Kappel, Toronto: Canadian Training Institute, 2003, 308 p. [call no.: ncfv/KE9445/Y83/2003].
Publisher's abstract: http://www.cantraining.org/publications.php

A vague and dangerous dance: the politics of justice for domestic assault victims in a rural county, by Marilyn Struthers, London: Centre for Research on Violence Against Women and Children, 2001, 44 p.
Available: http://www.crvawc.ca/docs/pub_struthers2001.pdf

A guide to the Youth Criminal Justice Act, by Lee Tustin & Robert E. Lutes, Markham, ON: LexisNexis Canada/Butterworths, 2006, 287 p. [call no.: ncfv/KE9445.A328/T965/2007].
Publisher's abstract: http://www.lexisnexis.ca/bookstore/bookinfo.php?pid=1408

Surviving on hope is not enough: women's health, poverty, justice and income support in Manitoba, by Rhonda Wiebe & Paula Keirstead, Prairie Women's Health Centre of Excellence (Canada). Winnipeg: Prairie Women's Health Centre of Excellence, 2004, 39 p.
Available: http://www.pwhce.ca/pdf/survivingOnHope.pdf

Videos:

In collaboration with the National Film Board of Canada, the NCFV offers a vast collection of videos that address family violence. Videos may be borrowed through NFB partner public libraries across Canada or through an interlibrary loan through your local public, academic or institutional library. To obtain a complete list of videos, libraries and distributors, please contact us or vist our online video catalogue.

Recent additions to the Video Collection:

Bad Kids? How to Create a Criminal
This video challenges mainstream media messages about “young offenders”. In five minutes, it takes viewers on a young person’s journey through difficult family situations, school problems, social isolation, substance abuse and incarceration. Bad Kids? encourages us to re-examine our beliefs about the causes of crime. The accompanying pamphlet provides suggestions for individuals, service providers and communities. (2002)

Prisoners of Violence – Same Sex Partner Abuse
Same-sex partner abuse tends to be unreported, due to the victim’s isolation and society’s misperceptions about the issue. This video stresses the importance of education and awareness to break down barriers, and shows that domestic violence is violence, regardless of sexual orientation. (2003)

Elder Abuse is Your Business - What Can You Do About it?
This video focuses on elder abuse and demonstrates how it can be difficult to detect.  The video shows how the abuser may be a close relative, a spouse, or another trusted individual.  It also points out that the abuse may be emotional, financial, physical or in the form of neglect.  It addresses some elderly people’s reluctance to seek help. (2003)

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Key Dates and Events
(in chronological order)

November 5 – 6, 2007, 5th  Manitoba Provincial Conference on Family Violence Prevention, Manitoba Association of Family Violence Workers, Winnipeg, MB
http://www.mafvw.ca/

November 6, 2007, RESOLVE Research Day
http://www.umanitoba.ca/resolve/

November 8 – 10, 2007, Canadian Conference on Elder Law, Vancouver, BC
http://www.ccels.ca/conferences.htm

November 11 – 13, 2007, Canadian Injury Prevention and Safety Promotion Conference, Toronto, ON
http://www.injurypreventionconference.ca

November 18 – 21, 2007, XIth ISPCAN European Regional Conference on Child Abuse and Neglect, Lisbon, Portugal
http://www.ispcan.org/euroconf2007

January 28 – February 1, 2008, 22nd Annual San Diego International Conference on Child and Family Maltreatment, San Diego, California
http://www.chadwickcenter.org/conference.htm

March 16 – 19, 2008, Effective Early Learning Practices: Research, Policy and Practice, Banff, AB.
http://www.banffbehavsci.ubc.ca/

April 4 – 5, 2008, Expanding Horizons for the Early Years 2008: Practice, Research and Promoting Change, Toronto, ON
http://www.sickkids.ca/imp/section.asp?s=Expanding+Horizons+Conference+2008&sID=13346

May 12 – 14, 2008, 2008 Joining Together: Changes and Challenges in Child Maltreatment, Calgary, AB
http://www.csicainfo.com/index.cfm?pageid=51

July 7 – 9, 2008, 8th International Looking After Children Conference, Oxford, United Kingdom
http://www.lboro.ac.uk/research/ccfr/Transforminglivesconference/

July 18 – 23, 2008, Building Grassroots Leadership for Social Justice, Washington, DC
http://www.ncadv.org


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Potential Funding Source

Policy Centre for Victim Issues

The Policy Centre for Victim Issues (PCVI), Department of Justice Canada, works toward improving the experience of victims of crime in the criminal justice system by pursuing a range of activities and initiatives to:

  • ensure that victims of crime and their families are aware of their role in the criminal justice system and services and assistance available to support them;
  • enhance departmental capacity to develop policy, legislation and other initiatives which consider the perspectives of victims;
  • increase the awareness of criminal justice personnel, allied professionals and the public about the needs of victims of crime, legislative provisions designed to protect them and support services; and
  • develop and disseminate information about effective approaches both within Canada and internationally to respond to the needs of victims of crime.

The PCVI has a close working relationship with the provinces and territories tasked with the responsibility for victim service delivery and the provision of criminal injuries compensation to victims of violent crime, where such programs exist.

The PCVI engages in a number of activities that speak to its broad and multi-faceted mandate, including administering the Victims Fund.  The Victims Fund is a grants and contributions fund designed to raise awareness and enhance services and assistance to victims of crime, and provide support to victims of crime as well as to governmental and non-governmental organizations to implement a wide range of projects and activities.

For more information on the PCVI and the Victims Fund, please visit: http://canada.justice.gc.ca/en/ps/voc/funding.html

New Horizons for Seniors Program Human Resources and Social Development Canada (HRSDC) - Elder Abuse Awareness Funding

Across Canada, the New Horizons for Seniors Program helps to ensure that seniors benefit from and contribute to the quality of life in their community. Building on this goal, new funding is available to foster the development of educational and awareness activities to help reduce the incidence of the abuse of older adults.  Through this funding, new resources will be available to improve quality of life, safety and security for seniors.

HRSDC is currently inviting proposals from non-profit organizations or coalitions for projects which increase knowledge and awareness of elder abuse.  Projects must be national or regional in scope.  Proposals must be postmarked by December 14, 2007.

Detailed information and application forms can be found on the New Horizons for Seniors Program Web site at www.hrsdc.gc.ca.


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Research

Introducing Rupert Ross

Rupert Ross has been an Assistant Crown Attorney in Kenora, Ontario since 1985, with primary responsibility for conducting criminal prosecutions in some 20 remote, fly-in Aboriginal communities in North-western Ontario. He published his first book, Dancing with a Ghost: Exploring Aboriginal Reality, in 1992 as a response to his growing conviction that western professionals were routinely misinterpreting Aboriginal people inside the courtroom and in many other settings.

In 1992, he undertook a three-year secondment with The Aboriginal Justice Directorate, Justice Canada, travelling from the Yukon to Cape Breton Island. During this time, he explored Aboriginal community approaches to justice, with special emphasis on the development of community healing capacities. That research gave rise to his second book, Returning to the Teachings: Exploring Aboriginal Justice, in 1996. Both books have been re-issued by Penguin Books Canada, and are used in university and college courses across Canada and the United States.

Rupert Ross has also prepared a discussion paper, “Exploring Criminal Justice and the Aboriginal Healing Paradigm”, advancing a new approach to understanding violence and abuse in Aboriginal communities.

Research Centre:

The Centre for Children and Families in the Justice System (CCFJS) formerly − the London Family Court Clinic − is a non-profit social service agency helping children and families involved with the justice system.

The Centre’s applied research program identifies the needs of children and families as well as effective strategies for intervention. Types of research include literature reviews to support recommendations on program development and refinement; evaluation of intervention programs; consultation on research design; program audits; national program surveys; and studies on the impact of policy and legal changes.

Recently, the CCFJS completed the What About Me study on children who have been exposed to violence, and the Centre is in the final stages of working with the Muslim Family Safety project to release a pamphlet on violence against women and the family entitled Family Safety, Family Harmony. CCFJS has also written an ethical protocol for research with vulnerable children and families.

Copies of most of the Centre’s other research reports are available on the Centre for Children and Families in the Justice System Research Reports page.

Intimate Partner Violence – Funding Announcement

The Muriel McQueen Fergusson Centre for Family Violence Research (MMFC) at the University of New Brunswick in Fredericton has been awarded $2.1 million from the Social Sciences and Humanities Research Council of Canada (SSHRC) to establish a network promoting and coordinating multidisciplinary research from across Canada on intimate partner violence and the justice system.  

The Director of the Observatory is Dr. Carmen Gill, Director of the MMFC. Dr. Elizabeth Blaney, Research Associate at the MMFC, will be the coordinator of the Canadian Observatory, which is comprised of academics from 13 Canadian/international universities, plus representatives of counselling centres, family services and housing organizations, foundations and government departments.

The Observatory is a national/international research network emphasizing continued bilingual dialogue and in-depth research on the justice system in all parts of the country and on the impact of its response to intimate partner violence. The Canadian Observatory will lay the groundwork for standardized national data sets on the justice system’s response to intimate partner violence, with particular emphasis on civil legislation and specialized response units (e.g., police, court, prosecutions); and to develop regional, national and international forums for dissemination of inter-jurisdictional analyses and program/policy outcomes.

An initiative of this magnitude is unique in Canada and will enable the Alliance of Canadian Research Centres on Violence, partner organizations and family violence researchers from across Canada and abroad to work together more effectively to conduct research and develop initiatives on the justice system’s response to intimate partner violence.

For more information on the Canadian Observatory, please contact Dr. Elizabeth Blaney at 506-458-7378 or blaney@unb.ca


In The Next Edition:

The NCFV’s January E-bulletin will focus on family violence and homelessness.


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Content of the NCFV E-Bulletin is provided as an information-sharing service and inclusion does not represent endorsement by the PHAC or FVI member departments.
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National Clearinghouse on Family Violence: Telephone 1-800-267-1291 or (613) 957-2938; TTY 1-800-465-7735 or 613-952-6396; Fax (613) 941-8930; Web site http://www.phac-aspc.gc.ca/nc-cn; e-mail ncfv-cnivf@phac-aspc.gc.ca