Muriel McQueen Fergusson Centre for Family Violence Research
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Les réalités auxquelles les fournisseurs de services ainsi que les survivantes de violence conjugale en milieu rural font face lorsqu'ils ont recours au système juridique
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La violence conjugale, y compris la violence physique, psychologique et sexuelle ainsi que l'exploitation financière, est une réalité qui touche de nombreuses femmes. Depuis les années 70, les défenseurs des victimes débattent des réponses efficaces à la violence conjugale. Plusieurs ministères et organismes communautaires interviennent de différentes façons. Certains ont fondé des maisons de transition ou de deuxième étape, d'autres ont mis sur pied des comités multidisciplinaires sur la violence familiale. Le système de justice pénale a réagi en adoptant des lois et des politiques d'application de la loi, en créant des programmes de traitement pour les personnes violentes et en établissant des processus judiciaires spécialisés pour favoriser et coordonner les pratiques des systèmes juridiques et des services sociaux (Gill et Thériault, 2010). Or, malgré ces changements, la majorité des cas de violence conjugale ne sont toujours pas signalés. Pour résoudre le problème du nombre insuffisant de signalements et offrir un meilleur soutien aux survivantes de violence conjugale, nous devons absolument tirer des leçons des expériences des femmes qui ont demandé l'aide des systèmes officiels, et surtout du système juridique., Le projet «Les réalités auxquelles les fournisseurs de services ainsi que les survivantes de violence conjugale en milieu rural font face lorsqu'ils ont recours au système juridique » est un projet du Centre Muriel McQueen Fergusson pour la recherche sur la violence familiale (CMMF). Il fut réalisé en partenariat avec l'Association des travailleurs sociaux du Nouveau-Brunswick. (ATSNB).
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Looking after children in Canada
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The “Looking After Children in Canada” project was conducted in collaboration with Child Welfare agencies in Canada’s six most eastern provinces. It is broader in scope than the traditional research endeavour. Its overall goal is to enhance the quality of care for children who are brought to the attention of child welfare services and, in this project, the first step in reaching that goal was to test in Canada the promising new approach to assessment and outcomes that “Looking After Children” offers. Subsumed under that particular objective were a number of tasks that included not only the developing, pretesting and implementation of a Canadian adaptation of the materials, but also the need to promote collaboration and cooperation amongst participants, and eventually to build consensus with respect to standards of care for children in Canada who are subject to Child Welfare intervention. Thus it was a blend of components. These were primarily the development of strategic plans to meet the goal and objectives, the design of the research aspects, attention to organizational change concepts, the actual implementation, and not least the need to be sensitive to the autonomy of the various jurisdictions involved. In short it was a blend of research, practice demonstration, and understanding of structural concerns. It required leadership from the research team in sharing a vision and providing support and guidance in the attainment of that vision of enhancing the quality of care for children needing child welfare intervention., All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the copyright holders.
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Moncton provincial court-domestic violence pilot project: a comparative study
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This report presents the results of a study of domestic violence cases processed through the Moncton Provincial Court-Domestic Violence Pilot Project model based on a comparison with the Fredericton Provincial Court, over an 18-month period. The report provides an analysis of demographics of accused and victims, incidents, charges, and sentences in domestic violence cases, documenting who is entering into the court systems in Moncton and Fredericton and how cases are processed under specialization versus regular court. Through the presentation of findings, the comparison provides information on the unique differences of the Moncton court. This report highlights strengths and weaknesses in the early operation of the Moncton court, identifies potential gaps in the court model, and provides an understanding of some of the intended effects and potential unintended effects of specialization.
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Report on the Canadian Forces' response to woman abuse in military families
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In 1996, a 20-person research team was established jointly by the Muriel McQueen Fergusson Centre for Family Violence Research at the University of New Brunswick and the RESOLVE Violence and Abuse Research Centre at the University of Manitoba whose purposes were: to learn more about woman abuse in the Canadian military community; to understand how the Canadian Forces (CF) are presently responding to woman abuse; and to make recommendations about how the CF might respond more effectively to woman abuse and take steps to reduce its incidence. Team members included university researchers, military and civilian service providers, and other members of the CF. Although the project involved collaboration with the CF, it was sponsored and carried out independently., Prepared by the Family Violence and the Military Community research teams of the Muriel McQueen Fergusson Centre for Family Violence Research at the University of New Brunswick and the RESOLVE Violence and Abuse Research Centre at the University of Manitoba.
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Responding to domestic violence in family law, civil protection & child protection cases - CanLII e-book
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This E-book has evolved from the research and writing of three editions of a bench book on domestic violence for Canadian Judges on behalf of the National Judicial Institute: Linda C. Neilson (2009) “Domestic Violence and Family Law in Canada: A Handbook for Judges” (Ottawa: National Judicial Institute) with Introductory Comments by Justice John F. McGarry, Superior Court, Ontario, published in electronic bench book format as “Domestic Violence, Family Law”; Linda C Neilson (2011, 2nd edition) “Domestic Violence Electronic Bench Book” (Ottawa: National Judicial Institute); and Linda C Neilson (2015, 3rd edition) “Domestic Violence Electronic Bench Book” (Ottawa: National Judicial Institute). The bench book was cited by the United Nations as one of Canada's major family violence works in the United Nations' (2012) “Handbook For National Action Plans on Violence Against Women” at page 28–29; it was also cited as the model to follow when developing similar practice materials for judicial use throughout Australia in Australia Law Reform Commission and New South Wales Law Reform Commission (2010) “Family Violence - A National Legal Response” (ALRC Report 114) (Australian Government). This e-book, while related to these works, has been updated and modified for lawyers and service providers.
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Rural realities faced by service providers and women survivors of intimate partner violence when navigating the justice system
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Intimate partner violence (IPV), including physical, emotional, sexual, and economic abuse is a reality that affects the lives of many women. Since the 1970s, advocates have debated the effective responses to intimate partner violence. Various government departments and community organizations have responded differently to the issue. Some approaches were the creation of transition houses, second stage housing, and multidisciplinary committees on family violence. The criminal justice system responded through legislation, law enforcement policies, and treatment programs for violent individuals, as well as specialized justice processes for promoting and coordinating practices across justice and human services systems (Gill and Thériault, 2010). Yet, even with these changes, the majority of IPV still goes unreported. In order to address the problem of underreporting and to offer better supports to IPV survivors, it is imperative to learn from the experiences of women who have sought help through formal systems, especially the justice system., The “Rural Realities Faced by Service Providers and Women Survivors of Intimate Partner Violence When Navigating the Justice System” research project is a partnership between the Muriel McQueen Fergusson Centre for Family Violence Research (MMFC) and The New Brunswick Association of Social Workers (NBASW).
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Spousal abuse, children and the legal system final report for Canadian Bar Association, Law for the Futures Fund
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Despite years of professional, academic, public education and discussion about family abuse and its dangers for women and children, little seems to have changed for the better in the legal system, in practice. Indeed the weight of the evidence suggests that the dangers for children are increasing with increasing politicisation of rights claims associated with parenting. While, theoretically, reported cases suggest increasing awareness among at least some judges of partner abuse and the implications for children, closer examination reveals that such understandings are not always mirrored in legal praxis. We found limited, albeit some, evidence of gender bias or discrimination in child custody and access cases and much evidence that responsible parenting during access visits is more an exception than a rule in partner abuse cases. Custodial parents are reporting that their children are being harmed by contact orders and agreements; they ask for a mechanism to protect their children, and the children of others, from further harm.
In connection with partner abuse generally, we found some evidence of false or exaggerated claim in isolated cases but little evidence to support the notion that exaggerated or false claims of partner abuse are common in child custody and access cases. Interview data - about patterns and details of partner abuse in former relationships - were consistent in their entirety with allegations and statements about partner abuse found in court files. And reported cases, court files and lawyers all disclosed lower rates of claims of partner abuse by separating and divorcing couples than researchers report for the same population.
In terms of legal assessments of abuse, reported cases, court files, lawyers and clients all indicate conceptualisations of abuse that focus on action and intention with incomplete analysis of social context. Although assessments of social context do not preclude the experiences of abused men, failure to assess context (history of the dynamics of the relationship, including the patterns and severity of prior abusive behaviors and the psychological and physical consequences to the recipient) will commonly produce false interpretations and assessments - in favor of abusive partners. This issue is particularly important in light of another finding: that survivors of long-term abuse commonly report incidents of their own violence at the point they decide to separate from abusive partners.
All data sources indicate limited understandings, within the legal system, of the dynamics and implications, especially for children, of partner abuse. While, theoretically, experts are able to advise lawyers and judges about these matters, the involvement of experts in partner abuse cases is rare and indeed financial information in court files indicates that most families involved in such cases do not have the resources necessary to hire experts., Presented on behalf of the members of the Spousal Abuse, Children and the Legal System Research Team Of the Muriel McQueen Fergusson Centre for Family Violence Research, University of New Brunswick
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