Some Points on Criminal and Civil Law Gender Based Violence Some Points on Criminal and Civil Law

Being a Survivor of Crime If you are a survivor of crime, you have the right to make a complaint. The police have a duty investigate. The police decide if they have enough evidence to charge. The Crown decides if they have enough evidence to go to trial. As the survivor, you have the right to be informed of decisions and to have input in decisions, but you do not get to make decisions. Tough road for some. Guide to Avoiding Revictimization

Let the Judge Figure it Out Sometimes the police will charge both people. Failure to understand their role. To charge, must have a reasonable belief that accused probably guilty.

RAPE CULTURE AND HOW TO AVOID IT Defn – a collection of beliefs that downplays perpetrators responsibility, blames victims, and relies on stereotypes Be aware of myths and stereotypes, examples Recent complaint Some people are inherently untrustworthy Sexual experience related to credibility or self worth There is a normal response to crime

CIVIL LAW Peace Bonds Emergency Protection Orders (EPO’s) Child Protection Custody and Access Criminal Records Checks Law suits

PEACE BONDS Reasonable fear that you or your family will be injured Swear information Have respondent served Show up for first appearance, set hearing date Hearing have witnesses there A breach of a bond is an offence

EMERGENCY PROTECTION ORDERS Family law Short term measure To give people time to get to Unified Family Court and get Order there The RNC will help you get one Police will serve Person being served can apply to court to undo it date to get a date for a hearing.

GROUNDS FOR EPO          (a)  an assault that consists of the intentional application of force that causes the applicant to fear for his or her safety but does not include an act committed in self-defence;              (b)  an intentional, reckless or threatened act or omission that causes bodily harm or damage to property;              (c)  an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or damage to property;              (d)  forcible physical confinement without lawful authority;              (e)  sexual assault, sexual exploitation or sexual molestation, or the threat of sexual assault, sexual exploitation or sexual molestation;              (f)  conduct that causes the applicant to reasonably fear for his or her safety, including following, contacting, communicating with, observing or recording a person; and              (g)  the deprivation of food, clothing, medical attention, shelter, transportation or other necessaries of life.

CONTENTS OF EPO   (a)  a provision granting the applicant exclusive occupation of the residence for a defined period, regardless of ownership;              (b)  a provision directing a police officer to remove the respondent from the residence immediately or within a specified time;              (c)  a provision directing a police officer to accompany a specified person, within a specified time, to the residence to supervise the removal of personal belongings in order to ensure the protection of the applicant;              (d)  a provision restraining the respondent from directly or indirectly communicating with the applicant or another specified person;              (e)  a provision restraining the respondent from attending at or near, or entering, a place that is attended regularly by the applicant, a relative of the applicant, a child or other specified person, including a residence, property, business, school or place of employment;              (f)  a provision granting the applicant temporary possession of or control over specified personal property, including a motor vehicle, cheque book, bank card, health services card or supplementary medical insurance card, identification documents, keys, utility or household accounts or other personal effects;              (g)  a provision restraining the respondent from taking, converting, damaging or otherwise dealing with property in which the applicant has an interest;              (h)  a provision restraining the respondent from committing further acts of family violence;             

CONTENTS OF EPO CONTINUED  (i)  a provision prohibiting the publication of the name and address of the applicant or a child or other information that may identify the applicant or a child;               (j)  a provision directing the respondent to deliver up to a police officer, until a further order is made under the Criminal Code , the Firearms Act (Canada) or another Act,                       (i)  a weapon that the respondent owns, possesses or controls, and                      (ii)  a document that authorizes the respondent to own, possess or control a weapon referred to in subparagraph (i);              (k)  where an order includes a provision under paragraph (j), a provision that if the respondent does not deliver up the items referred to in the order, a police officer may, for the purpose of seizing the items, enter and search a place where the police officer has reason to believe the items are located with the assistance and force that are reasonable in the circumstances;               (l)  a provision requiring the respondent to make the rent or mortgage payments arising in respect of the residence;            (m)  a provision restraining the respondent from terminating the basic services of utilities servicing the residence;              (n)  a provision awarding temporary care and custody of a child to the applicant or some other person; and              (o)  another provision that the court considers necessary to ensure the immediate protection of the applicant or another person or property that is at risk of harm or damage

CYCP CYCP mandate is keeping children safe Get a lawyer Go along to get along If CYCP says stop doing drugs, stop doing drugs. If CYCP says leave a violent relationship, leave a violent relationship. Written decisions sent out by court Document what is happening If it is not going the way you think it should be, go to court

CUSTODY AND ACCESS Best interest of the child Children deserve a relationship with both parents Reasonable people do better in court Document contact Write each email, text, etc as if it will be read by a family court judge (because it probably will be) All other things being equal, the parent who supports the child’s relationship with the other parent will have primary residence with the child. Duty counsel available at Unified Family Court

CRIMINAL RECORDS CHECKS Many professions/schools require a criminal records check before you can be hired/enrolled Getting a pardon is a complicated and expensive process (thank you Stephen Harper, you twerp) Having a criminal record does not necessarily prevent you from getting a job People reform, people change Some employers want people with lived experience

LAW SUITS Gender based violence can have life long impacts Fair compensation gives people the opportunity to start over Compensation is grouped into different categories, including Pain and suffering Future care (counselling, addictions treatment) Loss of income