Training for judges about domestic violence one step closer to becoming mandatory

A bill that requires expanded training for judges to include domestic violence and coercive control in their decisions is a "glimmer of hope" to Jennifer Dunn, the head of London Abused Women's Centre. 

"It's such a great thing for women and girls who are experiencing these tactics of coercive control to know that there's hope that our government is moving in the right direction," she said.

The private member's Bill C-233, known as "Keira's Law," passed its third reading in the Senate on Tuesday. It's named after four-year-old Keira Kagan, who was found dead with her father at the bottom of a cliff in Milton, Ont., in February 2020. 

The bill would mandate judges to receive training and education about domestic violence and coercive control, so they can be mindful of the signs of abuse that expand beyond physical violence. 

Coercive control is defined as patterns of harm that involve threats, intimidation, and isolation, designed to frighten a victim to get them to comply with the abuser's demands to exert control over the daily aspect of their life, Dunn said

"Domestic violence isn't just being physically hurt by an abuser," she said. "A woman being a victim of domestic violence doesn't necessarily mean that she has to have a black eye or a broken bone, there's so many different pieces to abuse that contribute to this". 

The bill passing is a victory for Keira's mom, Jennifer Kagan, who said it's been a long process of intense advocacy. The legislation can save the lives of other victims of violence in Canada, Kagan told CBC London. 

"Private member's bills rarely pass, it's a very difficult thing to accomplish," she said. "It means a lot to us to be able to bring about these changes in the name of our daughter, Keira."

After leaving an abusive marriage with her ex-husband Robin Brown, Kagan said she sought protection for Keira through the courts, and expressed concerns about Brown's violent and coercive behaviour, but said she was met with hurdles.

A Milton judge cut her off as she was sharing evidence of Brown's abuse, and told her that domestic violence is not relevant to parenting, Kagan said. 

"I looked at the judge and thought to myself 'You're as much of a danger to our daughter as her father is.' I was terrified of the judge because of his power and his very misguided and dangerous ideology," she recalled. 

Kagan believes Keira's death was a murder-suicide, and after losing her daughter, Kagan made it her mission to ensure no other parent has to go through that ordeal, she said. 

All politicians on the same team

Statistics Canada data between 2011 and 2021 shows that two-thirds of gender-related homicides in the country were perpetrated by an intimate partner, and 28 per cent by a family member.

Between 2020 and 2021, there was a 14 per cent increase in gender-related homicides, marking the highest rate recorded since 2017.

In February 2022, the bill was introduced to the House of Commons by Liberal MP Anju Dhillon and gained unanimous support from politicians across all party lines. 

"Sign off was immediate, it was not about negotiating or debating. This was one of those things where all House leaders said 'This has to get done,'" said Karen Vecchio, Conservative MP for Elgin-Middlesex-London, who played a vital role in bringing the bill forward.

"338 members were all on the same team. That's what we need to do and that's how we make change for women."

Vecchio believes the legal system failed Kagan and Keira when it handed over the child's custody to her father, despite his dangerous behaviour, which is why understanding the perspective of survivors is important, she said. 

The bill now awaits getting Royal Assent before it becomes a law and can be implemented, but there's no specific timeline for this, Vecchio said.  

Kagan said she and her husband Phillip Viater will now focus their efforts to provincial reform measures which provide domestic violence training to provincial judges, Crown attorneys, and children's aid case workers.