Law would ban accused wife beaters from family home

JOHN THOMPSON

Nunavut’s Qulliit Status of Women Council is cheering news of draft legislation that would give RCMP sweeping powers to bar accused wife beaters from their homes.

The Family Abuse Prevention Act is meant to end a familiar story: police arrest a man for abusing his wife, only to have the abuser return home a few days later.

An overloaded court system often means the offender isn’t be sentenced until a year later. Until then, his spouse and children continue to live in fear.

The draft act would allow a spouse to ask a justice of a peace for an emergency protection order. If there’s evidence that past abuse occurred, and the JP believes there’s reasonable likelihood that abuse will continue, that order could be granted immediately, to bar the accused abuser from the home.

“We keep talking about breaking the silence. In order for them to break the silence, we can help these people get out, and get help,” said Qulliit president Kathy Hanson.

But Hanson warns for the act to work, much groundwork has to be done.

Her biggest concern: with a territory-wide housing shortage, and only one men’s homeless shelter in Nunavut, where will these accused abusers go?

The courts may only jail someone in remand if there’s strong evidence a serious crime has been committed. An emergency protection order would be issued preemptively, before violence is done.

Hanson said another big concern is the lack of resources available to prevent abusive men from re-offending.

The draft act includes recommendations for spousal or family counseling. But social workers and mental health workers continue to be overwhelmed, Hanson said, and often lack specific training to deal with a tangle of social problems that include alcoholism, drug abuse and anger problems, which all feed into family violence.

And without that counseling, Hanson says there’s little hope abusive spouses will learn how to stop becoming violent at home.

She points to Rankin Inlet’s counseling service as an example to be followed, which brings abuser and victim together in the same room to be counseled together, recognizing that the couple will likely live together in the future.

Other realities in Nunavut could make the draft law difficult to apply.

For instance, some abused women live with the family of their spouse. An emergency protection order may remove the man – but will she feel safe living with his family?

As well, abused women usually first turn to family, friends, and the church before the authorities. The draft act includes a community intervention order.

Also, the draft act’s preamble invokes Inuit Qaujimajatuqangit, but there’s little reference to traditional values in the details of the legislation, Hanson said.

If the act becomes law, it will take serious work to prepare Nunavut’s population for it, Qulliit’s representatives warn.

When the Northwest Territories introduced a similar piece of law, the territorial government spent one year running a public education campaign and training government employees.

Despite their reservations, Qulliit’s members see the draft act as a strong message that the Government of Nunavut won’t tolerate spousal abuse.

They’re also impressed the act could also be applied to elder abuse, which groups such as Qulliit warn is a growing problem.

Other provisions in the draft act include a compensation order. That’s meant to provide victims who flee an abusive spouse with a way to apply for financial compensation. Most women arrive at Iqaluit’s Qimaavik shelter with little more than the clothes on their backs.

An emergency protection order would be reviewed by a judge within five days, or as soon as one is available. Appeals can be made within 30 days.

A spouse who breaks the conditions of an order could be jailed for up to six months, and face up to a $5,000 fine during their first breach. For following violations the fine could increase to $10,000, and the jail sentence to two years.

Others are skeptical of how effective the draft legislation would be.

“I’m not sure it’ll make much of a difference,” said Peter Harte, defence lawyer with Maliiganik legal aid services in Cambridge Bay.

Like Hanson, he points to the need for more counseling resources.

“The Wellness Centre in Cambridge Bay has cut the docket in half. We have fewer offenders and offences here per capita than elsewhere in the Kitikmeot. That is what will make a difference in the lives of women,” he said.

“The GN, in leaving responsibility for wellness up to the hamlets, almost guarantees that it won’t happen. Taloyoak and Gjoa Haven have nothing. The Awareness Centre is closed again in Kugluktuk. Kugluktuk’s docket is almost twice the size of CamBay for a similar population. Counseling resources make a difference.”

“I would be willing to bet that this legislation will not help a single woman in Nunavut.”

He also points out police may already ask a judge for a peace bond to restrain a potentially abusive spouse. However, it usually takes several days to secure such a peace bond.

In contrast, in the Northwest Territories, a 24-hour line exists that fearful spouses can phone at any hour to ask for an emergency order.

The draft act received first and second readings in the legislature last week. Justice Minister Paul Okalik has said he wants to see the legislation become law before the end of the year – which means there will be a push to give the act third and final reading during the next sitting of the legislature in November.

Meanwhile, Hanson plans to appear in front of the standing committee to make her recommendations. Qulliit is interested in collecting other community feedback. To contact a representative, phone 1-866-623-0346.