Protection order denied because danger wasn't 'imminent,' woman told
Advocate calls denial an error in law because 'immediate risk' no longer required
A Manitoba woman — who says her ex-husband is stalking her, threatening her and has access to weapons — was denied a protection order, she says, because she is not in "imminent danger."
This despite the fact that in 2016, legislation was revised so that one didn't have to be at immediate risk to get such an order.
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"Now I'm just a target for him," said the woman, whom the CBC agreed not to identify. "I am sure that given the chance, he will hurt me or kill me."
The woman applied for the protection order in September, after her ex-husband told her he had access to guns and used one to kill the family pet, she said.
"Then he told me it should have been me that was shot," she said.
The woman reported the incident to the Winnipeg Police Service. Officers recommended she apply for a protection order, because it would give police the authority to arrest him the next time he tried to contact her.
The protection order request was denied.
"[The justice of the peace] said, 'I have no doubt that you are a victim of domestic abuse. However, I don't see any imminent danger to you,'" the woman said.
That was an error in law, said Kim Storeshaw, the director of family violence services with Norwest Community Health.
"In my opinion [the evidence] should have been enough," said Storeshaw, who was in the courtroom when the justice of the peace denied the request. "Justices of the peace do their best, but interpreting legislation depends upon who the justice of the peace is."
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Two years ago, Storeshaw, with then NDP justice minister Gord Mackintosh, helped craft Bill 11, outlining changes to the Domestic Violence and Stalking Act to make it easier for people to get protection orders, specifically, in cases like this one.
"To send a message to the courts to make protection orders easier to get, by, among other changes, eliminating the requirement to show an imminent and immediate need for protection," Mackintosh told the CBC in an email.
In 2016, Bill 11 was passed.
Today, Storeshaw wants Manitoba Justice to review the woman's case, to determine whether there was an error in judgement.
Justice officials would not comment directly about this case, other than to confirm they will review it.
In a written statement, a spokesperson from Manitoba Justice confirmed the changes to the law include "broader criteria to obtain protection orders" and that "the protection and safety of victims is paramount."
In the meantime, the woman said she continues to live in fear of her ex-husband and in frustration with the law.
"I am very upset with the system. I've worked hard all my life. I have paid my taxes. I've obeyed all the laws," she said. "Now I am asking for something, probably my life. And I am being denied it."