Legal Insights on Coercive Control in Canada: A Comprehensive Analysis
By Ashna Prakash, Family Lawyer, Calgary
Coercive control, commonly recognized as a form of domestic abuse, involves a pattern of behaviour intended to dominate and control an intimate partner. This is achieved through intimidation, manipulation, isolation, and coercion.
While physical violence is often the focal point of discussions around domestic abuse, coercive control operates on a more insidious level, exerting power over victims through psychological, emotional, and sometimes financial means. It encompasses a range of tactics aimed at undermining the victim's autonomy, self-esteem, and freedom. Such tactics may include isolation, intimidation, surveillance, and economic abuse, among others. Understanding and addressing coercive control is paramount to ensuring the safety and well-being of individuals within intimate relationships, as well as determining how a family law case should proceed.
In this blog, we explore key aspects of coercive control, including the legal framework in Canada, its impact on court proceedings, the challenges faced in addressing it, and future interventions. This guide will help readers recognize the signs of coercive control and understand the legal implications.
Please note: this blog post is for informational purposes only and should not be considered legal advice. If you or someone you know is experiencing domestic abuse or coercive control, we strongly urge you to seek assistance from a qualified professional or support organization.
Legal Framework in Canada
Statistics Canada reports that intimate partner violence affects millions of Canadians annually, with women disproportionately impacted. However, coercive control remains underreported and misunderstood, complicating efforts to accurately quantify it.
Within Canada's legal framework, coercive control is increasingly recognized as a form of domestic abuse. While criminal laws historically focused on physical violence, legislative reforms have expanded to include coercive control, especially in family law. Provinces have begun to integrate coercive control into their legal definitions of domestic violence, reflecting a broader recognition of its harmful effects.
In Alberta, the Protection Against Family Violence Act recognizes patterns of harmful behaviour. For example, one of the legal tests to determine whether an emergency protection order (“EPO”) should be granted is whether “the claimant has reason to believe that the respondent will continue or resume carrying out family violence.” The judge granting the EPO must also consider “whether there is or has been controlling behaviour by the respondent towards the claimant or other family members.”
The Divorce Act also specifically includes coercive control in its definition of family violence. For instance, section 2(1) states:
Family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes:
- physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;
- sexual abuse;
- threats to kill or cause bodily harm to any person;
- harassment, including stalking;
- the failure to provide the necessaries of life;
- psychological abuse;
- financial abuse;
- threats to kill or harm an animal or damage property; and
- the killing or harming of an animal or the damaging of property; (violence familiale)
An Example of Coercive Control
To better understand coercive control, let's consider an example where one partner uses various tactics to dominate and manipulate the other.
Sarah and Tom:
Sarah and Tom have been in a relationship for several years. Over time, Tom’s behaviours becoming increasingly controlling, escalating to coercive control. This looks like:
- Isolation - Tom begins by subtly discouraging Sarah from seeing her friends and family. He criticizes her friends, claiming they are a bad influence, and gradually convinces her to stop visiting her family. Over time, Sarah's social circle shrinks, leading to increased isolation.
- Monitoring - Tom insists on having access to Sarah’s phone and social media accounts. He frequently checks her messages and posts, using this information to accuse her of infidelity or secrecy.
- Financial Control - Tom takes control over their finances, providing Sarah with a small allowance and requiring her to justify every expense. He makes all financial decisions, leaving Sarah without access to money or financial independence.
- Emotional Manipulation - Tom often criticizes Sarah and belittles her achievements. He uses guilt and emotional manipulation to undermine her self-esteem, making her feel worthless and dependent on him. Statements like, “No one else will put up with you,” make her doubt her self-worth and ability to leave.
- Threats and Intimidation - Tom threatens to harm himself or damage her belongings if she tries to assert her independence or leave the relationship. He might say, “If you leave me, I don’t know what I’d do. It would be your fault if something happened to me.”
In this situation, Sarah feels trapped by Tom’s behaviors. While there may not be physical violence, the constant surveillance, financial control, emotional abuse, and threats create a sense of fear and helplessness, preventing Sarah from leaving the relationship. This is a clear example of coercive control, where psychological and emotional tactics are employed to dominate and control another person’s life.
Impact on Legal Proceedings
In legal proceedings (including divorce, parenting disputes, and restraining orders), recognizing and documenting coercive control dynamics is essential. Canadian courts are starting to recognize and consider evidence of coercive control when making decisions related to parenting, spousal support, and access to children. However, victims may face challenges in proving coercive control, as it often operates subtly and insidiously.
Referring back to the example, it is likely that the pattern of control would worsen over time. Sarah may struggle to be taken seriously if she were to seek help, especially if she cannot articulate the ongoing nature of the pattern. Understanding the full scope of the situation reveals how the pattern of abuse is calculated, manipulative, and aimed at destroying the victim’s sense of worth, making them feel trapped in the relationship. Often, a timeline is necessary and useful to demonstrate the duration of the behaviour pattern, providing proof of its existence.
Challenges in Addressing Coercive Control
Despite legislative advancements, several challenges persist in effectively addressing coercive control in Canada.
One significant challenge is the lack of awareness and understanding among law enforcement, judicial professionals, and the public about the dynamics of coercive control. Unlike physical violence, coercive control often leaves no visible scars, making it harder to identify and prosecute. Additionally, victims may face barriers in seeking help due to fear, shame, economic dependence, or cultural factors. The intersectionality of coercive control with issues such as gender, race, sexuality, and socioeconomic status further complicates intervention efforts.
Recently, Canada’s legal framework has grappled with whether to recognize a new “tort of family violence”, sparked by the landmark case Ahluwalia v Ahluwalia, initially heard in the Ontario Superior Court. However, the Court of Appeal overturned this decision, arguing against the necessity of creating a new tort. Instead, the court emphasized the sufficiency of existing torts like assault, battery, and intentional infliction of emotional distress. This ruling elicited varied reactions within the legal community. If you're interested in a more detailed case analysis, check out this blog by Vancouver family lawyer, Tanya Thakur. More recently, the Supreme Court of Canada has granted leave to appeal in this case, prompting anticipation in the legal world regarding whether Canada will adopt this significant shift in addressing family violence. Such a change holds promise for tackling coercive control and patterns of abusive behaviour.
Interventions Going Forward
Efforts to address coercive control in Canada should involve both legal and community-based interventions. Legal reforms, such as including coercive control in domestic violence legislation, are essential steps toward recognizing and combating this form of abuse. Increased training for law enforcement, the judiciary, and frontline service providers on identifying and responding to coercive control can also enhance victim support and facilitate effective decision-making in these cases.
Coercive control represents a pervasive and damaging form of domestic abuse that requires a multifaceted response from both legal and community sectors in Canada. While legislative reforms have begun to acknowledge and address coercive control, challenges remain in raising awareness, providing consistency in legislation and case law, overcoming barriers to reporting, and providing effective support services. By enhancing understanding, strengthening legal protections, and investing in victim support, Canada can take significant strides towards eradicating coercive control and creating safer, more equitable intimate relationships.
Understanding the complexities of coercive control and the legal implication is necessary to protect your rights and achieve fair outcomes. Our team at Crossroads Law is here to guide you through every step, from navigating the intricacies of family law to providing the support you need. Don't let fear or uncertainty stand in the way of your safety. Contact us today to schedule a free 20-minute consultation with one of our family lawyers.
