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DOMESTIC VIOLENCE UNIT

from tolerance.... abuse has been accepted in some form since the beginning of timebetween 1901 and 1965, wife-beating' was a special offence in Canada, if actual bodily harm resultedin 1920, an Ontario justice ruled it all comes down to the wife's constitution [is she robust" enough?]the 1968

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DOMESTIC VIOLENCE UNIT

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    1. DOMESTIC VIOLENCE UNIT Public Prosecutions Thanks to Robyn and everyone else. Going to go quickly: - humbling in that I usually have to sell my ‘audience’ on the merits of specialization but not so here; will build on CJ’s presentation; context is, however, important.Thanks to Robyn and everyone else. Going to go quickly: - humbling in that I usually have to sell my ‘audience’ on the merits of specialization but not so here; will build on CJ’s presentation; context is, however, important.

    2. from tolerance... abuse has been accepted in some form since the beginning of time between 1901 and 1965, ‘wife-beating’ was a special offence in Canada, if actual bodily harm resulted in 1920, an Ontario justice ruled it all comes down to the wife’s constitution [is she “robust” enough?] the 1968 Divorce Act recognized some degree of cruelty as grounds for divorce, but it generally wasn’t granted if the ‘victim’ hadn’t left ‘soon enough’

    3. to zero-tolerance in 1983, Manitoba’s Attorney-General, Roland Penner issued a policy directive to all police forces in the Province: Criminal proceedings will be instituted in all cases where a spouse has been assaulted. Where a police officer has reasonable and probable grounds to believe that a husband or wife has been assaulted, the police have been requested to lay the appropriate charge as disclosed by the complainant’s evidence.

    4. History of Domestic Violence Unit created in September 1990 mandated to deal with criminal charges brought relating to domestic, child, and elder abuse. amongst the first of its kind in North America

    5. 1993 In 1993, The Winnipeg Police Service implemented its own Domestic Violence Policy and the numbers of arrests for domestic violence offences shot up dramatically.

    6. Caseload Increase Before & After Domestic Violence Court 2000 spike was a result of Dunlop homicides. MB was the highest jurisdiction for arrests and were Cdn. women were most likely to contact police for assistance. Noteworthy that a recent study has shown a lack of contact with the justice [or social services systems] amongst those DV victims who are murdered. Would be interesting to understand the context which makes this the case. [Judy’s murder: no prior police contact.] Intervention means lower likelihood of the extreme? Hard to say. ’93 increase results from implementation of Mandatory Arrest Policy – also created a spike in Dual Arrests but we now have the Dominant Aggressor Policy in place as well. Calls for service in 1990 were 9685; in 2000 figure was 14662. Arrests in 1990: 7%. Now consistently since ’94: 25-30%.2000 spike was a result of Dunlop homicides. MB was the highest jurisdiction for arrests and were Cdn. women were most likely to contact police for assistance. Noteworthy that a recent study has shown a lack of contact with the justice [or social services systems] amongst those DV victims who are murdered. Would be interesting to understand the context which makes this the case. [Judy’s murder: no prior police contact.] Intervention means lower likelihood of the extreme? Hard to say. ’93 increase results from implementation of Mandatory Arrest Policy – also created a spike in Dual Arrests but we now have the Dominant Aggressor Policy in place as well. Calls for service in 1990 were 9685; in 2000 figure was 14662. Arrests in 1990: 7%. Now consistently since ’94: 25-30%.

    7. 1993 - Continued At the same time, two other changes in the law had a further impact on the workload in the DVU 1) Enactment of the Criminal Harassment provisions Aug 1/93. 2) Decision of the Supreme Court of Canada in R v B.(K.G.).

    8. 1995 - 1997 January 20, 1995 - Roy Lavoie murdered his wife, Rhonda Lavoie, and then killed himself. The Report of the Commission of Inquiry was presented on January 27, 1997. Resulted in further emphasis being given to education and specialization.Resulted in further emphasis being given to education and specialization.

    9. 2000 February 2000 William Dunlop murdered his girlfriend and her sister after repeated calls to 911 went unanswered. The Inquiry Report was released in 2002. Police calls for service increased by 35%. Police response most specifically addressed. [See earlier slide re: related ‘spike’.] Reinforcement of importance of police action and priorization of calls.Police response most specifically addressed. [See earlier slide re: related ‘spike’.] Reinforcement of importance of police action and priorization of calls.

    10. what is domestic violence? Spousal assault is physical or sexual assault, or the threat of violence by a person with whom the victim has had an intimate relationship, whether or not they are legally married or together at the time of the assault or threat. For DVU purposes – does not include other family members [unless CA or EA].For DVU purposes – does not include other family members [unless CA or EA].

    11. Policy Statement The Attorney General's policy regarding domestic violence is straightforward: there is zero tolerance. This means the discretion conferred on those responsible for enforcing the criminal law ought, at each stage of the proceedings, to be exercised in favour of sanctions where a lawful basis to proceed exists.

    12. Policy Statement - Cont’d In practical terms, this requires that where there is evidence to support charges, they will be laid. Where there is evidence to support conviction, the case should proceed.

    13. Policy Statement - Cont’d Throughout the proceedings, Crown Attorneys are expected to pursue cases involving domestic violence vigorously. Zero tolerance is aimed at ending violence against women and men who find themselves in an abusive relationship. It has as much to do with denunciation of the serious social problem and crime as it has to do with changing public attitudes. Still, we maintain the RLOC standard. Legal vs. social issues conundrum – attitudes. We still wrestle with the differing views of our role and goals. Difference in standards between police, Crown and judge creates issues.Still, we maintain the RLOC standard. Legal vs. social issues conundrum – attitudes. We still wrestle with the differing views of our role and goals. Difference in standards between police, Crown and judge creates issues.

    14. Overview of the Justice System Role of the Courts: when offenders are convicted, non-condonation of violence towards women is affirmed; charges reduce the incidents of physical violence treatment/counselling for the victim and accused also reduce incidents of abuse Diversion. Again, law vs. people. More later re: redefining our expectations of success.Diversion. Again, law vs. people. More later re: redefining our expectations of success.

    15. Front End Project Timelines The Protocol sets out strict timelines Plea In custody – within twelve weeks of arrest Out of custody – between three and five remands depending on the circumstances to a maximum of twelve to fourteen weeks from the date of arrest

    16. Front End Project Police/Crown Responsibilities The police are required to provide full particulars to the Crown within four weeks of the arrest of the accused The Crown then has four weeks to assign a prosecutor to the file, consult with the victim and be ready to engage in discussions with defence counsel Consultation occurs through CVSS.Consultation occurs through CVSS.

    17. Front End Project Crown/Defence Responsibilities All discussions between counsel are expected to occur in advance of the court appearance Once the administrative processing is complete or the matter has reached the end of the allowable time period, it is expected that a plea will be entered.

    18. Front End Project Prosecutions Benefits Assignment of Files (File Ownership) Files are assigned to Crown attorneys as soon as they are received in the Domestic Violence Unit. The same Crown attorney follows the file all the way through to conclusion. If a Crown attorney has previously dealt with an accused or victim, they will be assigned to all new files for that accused/victim. Bellino and the hidden files. Very unique approach [file assigment] and very effective. Lessens the need for court specialization when Crowns who are specialized are the ones consistently speaking to the matters.Bellino and the hidden files. Very unique approach [file assigment] and very effective. Lessens the need for court specialization when Crowns who are specialized are the ones consistently speaking to the matters.

    19. Front End Project Prosecutions Benefits Files are managed electronically The victim file is part of the electronic prosecution file The Crown has immediate access to up-to-date information regarding the victim and her/his wishes and concerns

    20. Overview of the Domestic Violence Unit Currently staffed by: 17 prosecutors with Child Exploitation Coordinator four Administrative Assistants one subpoena clerk Population is just over twice the size of Canberra. Population is just over twice the size of Canberra.

    21. When is a case handled by the Domestic Violence Unit? Whenever the offender and the victim are, or have been involved in an intimate relationship Married Dating Common-law Same sex “One-night stand” DV, CA, EA.DV, CA, EA.

    22. Why a Specialized Unit? The law is constantly evolving when it comes to the admissibility of out-of-court statements of witnesses, particularly children and recanting witnesses. Offences and evidentiary sections of the Criminal Code are complex and directed specifically to Domestic Violence prosecutions [e.g. Criminal Harassment [stalking] and the admissibility of direct testimony of children by videotape]

    23. Why a Specialized Unit? (cont’d) Better familiarity with risk factors for re-offending and dynamics of abuse, to facilitate more effective submissions on sentence and bail applications provide the Court with current thinking of leading authorities or, tender evidence concerning the magnitude of domestic violence, theories and the emotional and physical harm domestic violence causes victims Education of the judiciary is important but is a significant Crown responsibility. There are ‘differing degrees’ of enlightenment within the bench including those who were former colleagues to those who make the effort and take advantage of development opportunities and those who are newly appointment but have not been exposed to these issues. Not only should we not be ‘lazy’ and overlook our obligation to ensure that all relevant is before the court [including information relating to dynamics], but we are creating a record – potentially for appeal purposes; we are offering the judge words to use and concepts to consider and include in support of her/his decision. We also have to recognize that this is a public forum – there are others there listening to the message including the accused and, often, the victim. Makhijani: use of accused’s video became important along with extensive submissions relating to what to make of it. Significantly different from how the ‘confession’ would have been presented without the ability to see his detachment and victim-blaming. Important for the victim to hear it too. Ability to comment on risk assessment and to agree to random violence [ie/ not safety risk] was not being purported. Risk is only to those he’s in a relationship and unhappy with.Education of the judiciary is important but is a significant Crown responsibility. There are ‘differing degrees’ of enlightenment within the bench including those who were former colleagues to those who make the effort and take advantage of development opportunities and those who are newly appointment but have not been exposed to these issues. Not only should we not be ‘lazy’ and overlook our obligation to ensure that all relevant is before the court [including information relating to dynamics], but we are creating a record – potentially for appeal purposes; we are offering the judge words to use and concepts to consider and include in support of her/his decision. We also have to recognize that this is a public forum – there are others there listening to the message including the accused and, often, the victim. Makhijani: use of accused’s video became important along with extensive submissions relating to what to make of it. Significantly different from how the ‘confession’ would have been presented without the ability to see his detachment and victim-blaming. Important for the victim to hear it too. Ability to comment on risk assessment and to agree to random violence [ie/ not safety risk] was not being purported. Risk is only to those he’s in a relationship and unhappy with.

    24. Why a Specialized Unit? (cont’d) Development of more effective strategies or tactics for dealing with victims, witnesses, defence counsel and other “players” Raise the “status” of the crime Increased continuity of the case through the prosecution process Collaboration: VS, WPS DVU, COHROU.Collaboration: VS, WPS DVU, COHROU.

    25. Why it works Key to the success of the Domestic Violence Unit are: commitment to the issue familiarity with the dynamics partnerships with others

    26. Commitment Recognition of the importance of the issue Desire to be involved and have an impact Re-evaluation of priorities in our role as lawyers

    27. Dynamics Understanding the issues Being sensitive to the fears and concerns of the victims Presenting accurate information to the court This is [for the most part], the only long-term, ongoing criminal activity which involves the same parties and it means there are long-term consequences to our decisions which we don’t have to live with. There have been discussions relating to the goals of behavioural change versus accountability. I think we place a higher priority on the former. Solution-focussed with a feminist twist? Generally, the accused needs to be able to make the choice but also must have beliefs confronted.This is [for the most part], the only long-term, ongoing criminal activity which involves the same parties and it means there are long-term consequences to our decisions which we don’t have to live with. There have been discussions relating to the goals of behavioural change versus accountability. I think we place a higher priority on the former. Solution-focussed with a feminist twist? Generally, the accused needs to be able to make the choice but also must have beliefs confronted.

    28. Collaboration By far one of the most significant advantages of specialization Partnerships include police, Corrections, Probations, Victim Services, Courts, etc.. Redefining our understanding of what ‘success’ is. When should we ‘force’ women to testify? On what basis will we decide to do so? We do not do as some other jurisdictions to – we are still able to exercise our discretion. Serious consideration must be given to public interest and accused fairness issues. This also includes the emotional well-being and long-term repercussions of the victim. Would she call the police again? Is she more, less, or equally likely to cooperate with us in future. [See section [2] in book chapter re: potential outcomes.] It’s often unnecessary to have the victim testify as the accused can’t/won’t lie on the stand. We need the victim simply to confirm. Our role is often an educative one – we’re not asking for jail; we’re not requesting protective conditions – addressing the victim’s fears as best as possible. Sometimes all that’s required is reassurance and awareness re: potential benefits and consequences. [See section [1] in book chapter re: potential fallout if he’s acquitted.] It affects my credibility to put in cases for the sake of it without properly assessing for the strength of the evidence – or to ask for outrageous sentences. The court can come to believe – if I’m responsible, when I really ‘mean it’. Also unfair to the accused and affects relations with counsel. Tension between empowerment and paternalism. Risk in future in forcing someone up there. Therein lies the difference – they’ll be back. And we have, under oath, that the victim previously lied? Sometimes it’s worth the wait. [see Terry’s case in section [3] in book chapter]. But sometimes we just have to do it – Real & Katherine [see section [4] in book chapter]. Re: Victim Services Proactive – access to WPS computer systems means they’re notified of every address and attempt to connect immediately. DVIU where charges aren’t laid. Workers to our circuit points including remote FN communities – particularly important where language is an issue and worker is able to assist. Child-friendly Courtroom. Protection Orders [immediate; ex parte]. Challenge is often related to disclosure obligations. Application of s. 278?Redefining our understanding of what ‘success’ is. When should we ‘force’ women to testify? On what basis will we decide to do so? We do not do as some other jurisdictions to – we are still able to exercise our discretion. Serious consideration must be given to public interest and accused fairness issues. This also includes the emotional well-being and long-term repercussions of the victim. Would she call the police again? Is she more, less, or equally likely to cooperate with us in future. [See section [2] in book chapter re: potential outcomes.] It’s often unnecessary to have the victim testify as the accused can’t/won’t lie on the stand. We need the victim simply to confirm. Our role is often an educative one – we’re not asking for jail; we’re not requesting protective conditions – addressing the victim’s fears as best as possible. Sometimes all that’s required is reassurance and awareness re: potential benefits and consequences. [See section [1] in book chapter re: potential fallout if he’s acquitted.] It affects my credibility to put in cases for the sake of it without properly assessing for the strength of the evidence – or to ask for outrageous sentences. The court can come to believe – if I’m responsible, when I really ‘mean it’. Also unfair to the accused and affects relations with counsel. Tension between empowerment and paternalism. Risk in future in forcing someone up there. Therein lies the difference – they’ll be back. And we have, under oath, that the victim previously lied? Sometimes it’s worth the wait. [see Terry’s case in section [3] in book chapter]. But sometimes we just have to do it – Real & Katherine [see section [4] in book chapter]. Re: Victim Services Proactive – access to WPS computer systems means they’re notified of every address and attempt to connect immediately. DVIU where charges aren’t laid. Workers to our circuit points including remote FN communities – particularly important where language is an issue and worker is able to assist. Child-friendly Courtroom. Protection Orders [immediate; ex parte]. Challenge is often related to disclosure obligations. Application of s. 278?

    29. In a perfect world COHROU> Criminal Organization High Risk Offenders Unit Whether in working with offenders or role of VS, partnerships are critical. Was shocked at being the enemy. VS is the more likely ally and will be listened to; They have the time to spend supporting and explaining; They have the skills and knowledge to assess and address risk. Referrals can be made to COHROU by anyone.Whether in working with offenders or role of VS, partnerships are critical. Was shocked at being the enemy. VS is the more likely ally and will be listened to; They have the time to spend supporting and explaining; They have the skills and knowledge to assess and address risk. Referrals can be made to COHROU by anyone.

    30. more of the perfect world Prevention The ability/resources to assess risk before it’s too late. Priorities: Accountability vs. Intervention [safety]. Satisfaction and future response. Sometimes these guys need to be given a chance.Priorities: Accountability vs. Intervention [safety]. Satisfaction and future response. Sometimes these guys need to be given a chance.

    31. GP increase from ’92/’94 to ’00/’02: 10%. Trials set: from 960 to 216 [with 47% conviction rate]. Conviction rate in ’95/’96: 45%; in 2002 it was 56%.GP increase from ’92/’94 to ’00/’02: 10%. Trials set: from 960 to 216 [with 47% conviction rate]. Conviction rate in ’95/’96: 45%; in 2002 it was 56%.

    32. Previously, the majority of dispositions was CDs. 98% of jail sentences are served at Hdgly. and therefore DVU. 81% of those sentenced to probation will get SP/DV counselling.Previously, the majority of dispositions was CDs. 98% of jail sentences are served at Hdgly. and therefore DVU. 81% of those sentenced to probation will get SP/DV counselling.

    33. Of those who make up the ‘single offence’ category, many are diverted explaining the lower conviction rate but not a lower success rate. The conviction rate goes up as the reoffending does.Of those who make up the ‘single offence’ category, many are diverted explaining the lower conviction rate but not a lower success rate. The conviction rate goes up as the reoffending does.

    34. Figures are over the 3-year period [2000-2003] – how many re-offended within that timeframe. Lowest recidivism rate was amongst those diverted [17%]. This speaks both to our selection process and successful intervention. These aren’t the most serious of cases and accused must take some responsibility. Highest is those convicted after trial [56%].Figures are over the 3-year period [2000-2003] – how many re-offended within that timeframe. Lowest recidivism rate was amongst those diverted [17%]. This speaks both to our selection process and successful intervention. These aren’t the most serious of cases and accused must take some responsibility. Highest is those convicted after trial [56%].

    35. Future issues> bigger isn’t necessarily better; streamlining processes; definition of DV is important and focusses resources on the ‘real thing’; being a ‘catch all’ as identified by WPS [and subsequently us] lessens credibility and scatters attention. Challenges> Increasing numbers of self-represented accused and limitations on L/A resources; Newcomer communities – mainstream service referrals not necessarily appropriate. Need resources to address the underlying issues. Often it’s an education/awareness problem and tools are needed to deal with the experiences many have had in their resident countries. FNs – problem has long been identified but not resolved in any helpful way. Future issues> bigger isn’t necessarily better; streamlining processes; definition of DV is important and focusses resources on the ‘real thing’; being a ‘catch all’ as identified by WPS [and subsequently us] lessens credibility and scatters attention. Challenges> Increasing numbers of self-represented accused and limitations on L/A resources; Newcomer communities – mainstream service referrals not necessarily appropriate. Need resources to address the underlying issues. Often it’s an education/awareness problem and tools are needed to deal with the experiences many have had in their resident countries. FNs – problem has long been identified but not resolved in any helpful way.

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