> S99

Deo

Dawn Slack 1. P.

An Amendment to the Criminal Code (threats and intimidation)

PURPOSE AND BACKGROUND See

. The Canadian Criminal Code does not adequately protect women victims of Violence
in the home. We have heard cepeatedly that current methods of keeping away viclent
parters and ex-partners, such as restraining orders and peace bonds, result more
often in subsequent abuse and death than in protection. A woman is more likely to
bo killed by an estranged partner than anyone else, and this murder, atteropted
murder and assault is very often preceded by @ prolonged period of stalking,
intimidanon, harassment and threats. Threats of death and bodily harm have been
seported to police and resulted in no action, sometimes with tragic ends. Threats are
not treated seriously enough in the Code, and ag a result, neither are they taken
seriously by the courts and law enforcers. ~. -

The only protection from intimidation in the Code is found in contract law, to deal
with labour disputes, The intimidation section of the Code ja not strong enough or
well-suited-enough to deal with the terror inflicted by violent men.wha harass women,
Currently, abused women must gather the time and money ne@Sssary to go to court
to get an order which is then often not enforced. Terrorizing, stelking, and
deliberately provoking fear of death or bodily harm is a matter more appropriate for
criminal law than for civil action, The Criminal Code alsa ignores the reality of
abused women’s lives by not recognizing that their lives and behaviour {s controlled
and curtailed through the use of violence and threats of violence nat only to
themselves, but to their children and other joved ones, and to treasured property. As
well, thera if no recognition of the ongoing terror and abuse caused by watching and
following an estranged partner for the purpose of alarming and intimidating her, and
controlling her movements and behaviour. Criminal law must be more respomsive to

woren's lives.

In including only "serious bodily harm", the current Criminal Code does not take into
account the controlling effect even a threat of a punch in the face is to a woman by
an abusive husband who may have & record of greater violence. She knows a punch
in the face may escalate into something worse. For many women, a punch in the face
alone is a terrible and humiliating Injury. Yet to threaten to punch of slap someone
may not be considered serious bodily harm, even though the effect on controlling the
victim's behavioyr may be considerable. Threats of bodily harm are viewed in terms
of a barroom brawl berween men of equal size, rather than in terms which can
include the perspective of a woman abused by a man with physical and econcze
power over her. Criminal law should recognize threats of body harm with intent to
control or curtail behaviour, or to alarm, harass or intimidate another.

Twenty-nine American states have enacted “stalking” laws, which prohibit following
a person in order to intimidate them, with the express view of protecting women from
abusive partners. Eight other states have similar laws pending or under consideration.

Canada has not yet taken any such action.

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