Disclaimer: This article aims to provide educational information surrounding Domestic Violence and Intimate Partner Violence. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
As we have noted in the past few articles, intimate partner and family violence is a pervasive problem. While there is still work to be done, the law has made various advancements towards addressing family violence.
One such advancement is Bill C-233, otherwise known as Keria’s Law. In this article, we will outline what this law means and how it impacts the family law system.
Who is Keira Kagan?
Keira Kagan was a four-year-old who was found dead alongside her father, Robin Brown. Her death occurred during a court-ordered visit with her father, someone with a history of abusive behaviour towards her mother, Jennifer Kagan. Her tragic story highlighted the need for reform in how partner violence and coercive control were handled by the courts.
Keira’s Law, named in her honour, became law in May 2023. It proposes amendments to two pieces of legislation: the Judges Act and the Criminal Code.
Training for judges relating to domestic violence and coercive control
Previously, the Criminal Code of Canada required mandatory judicial training, but it only related to sexual assault law.
This section has been expanded to include intimate partner violence and coercive control in family relationships. It recognizes the need for those making legal decisions to understand the various ways of abuse that can occur and how they involve complex power dynamics and psychological manipulation.
Under the new requirements of Keira’s Law, judges in Ontario will receive specialized training that covers the legal aspects of intimate partner violence and the broader social context. This training aims to equip judges with the knowledge needed to recognize and address the subtle indicators of abuse that might otherwise go unnoticed in court proceedings.
In addition to the expanded training content, Keira’s Law introduces new accountability measures for the judicial system. The Judicial Council is now required to submit an annual report to the Minister of Justice detailing the training delivered. This report will include the content and duration of the seminars offered, as well as the number of judges who attended each seminar. This transparency ensures that the training is not only comprehensive but also reaches the judges who need it, further reinforcing the commitment to improving the judicial system’s handling of domestic violence and coercive control cases.
Electronic Monitoring Devices for Abusers
Keira’s Law also allows for electronic monitoring of individuals convicted of domestic violence offenses. Electronic monitoring systems can include GPS tracking devices worn by the abuser, which help enforce court orders such as restraining orders or no-contact provisions. They also help law enforcement agencies respond more quickly to any breaches.
Navigate Ontario family law matters with Plat Simionati LLP
At Plat Simionati LLP, we understand the complexities involved in family law cases, including those that involve domestic violence and coercive control. Our experienced team is committed to providing compassionate and informed legal representation, helping our clients navigate these challenging situations with the support and expertise they need. Contact us today to discuss your family law needs.