Quebec groups call for domestic violence provisions in youth protection law
Recognize domestic violence, limit power of violent spouses over their children, groups say
Several Quebec organizations that advocate for victims of domestic violence are calling for amendments to the reform of the Youth Protection Act to recognize domestic violence and limit the powers of violent spouses over their children.
Among other demands, groups want a clear definition of spousal violence as a form of "coercive control" to be included in Bill 15 — the province's overhaul of the child protection system.
As it stands, Gaëlle Fedida says, the bill does not clearly provide measures to protect children in cases of intimate partner violence. In a situation where joint custody is allowed, for example, she says an abuser can remain in contact with the victim and the child's safety could be at risk.
"The law and the youth protection workers, they are more considering the right of the father to see his children than the safety of the children," said Fedida, the political co-ordinator for Alliance MH2, a second-stage shelter that helps women and their children experiencing domestic violence.
"In our shelters, we have children that have to go to their fathers because of some court orders. If they don't want to do it, they're not listened to."
WATCH | Gaëlle Fedida describes what's needed to strengthen Bill 15:
Bill 15 was tabled last year following a damning report on the youth protection system after a seven-year-old girl died in Granby despite her troubled family situation having been flagged to the service, known in French as the Directeur de la protection de la jeunesse (DPJ).
The bill's goal is to put the child's interest first and it's currently being studied clause by clause by the Quebec government.
Children used as a tool in abuse
The issue of domestic violence currently appears in the proposed legislation solely in brackets, serving as an example of a child's psychological mistreatment, which groups say isn't enough.
According to lawyer and feminist researcher Suzanne Zaccour, the DPJ often makes problematic or dangerous decisions in cases of domestic violence.
"Either they don't believe the woman and they see it as just a separation dispute, or they believe the woman, but they find the issue of spousal abuse irrelevant because it doesn't affect the child," she said.
But Chantal Arseneault, president of the Regroupement des maisons pour femmes victimes de violence conjugale, says studies show children face increased danger after a separation in a situation of conjugal violence, often becoming a tool of control.
"There will be episodes of tension, such as when the wife goes back to work or makes new friends. The spouse will question the children. Children are at the heart of this violence and they are always victims," she said.
Quebec says domestic violence reforms coming
Bill 15, proposed by Quebec's junior health minister Lionel Carmant last December, is being studied by the province's Committee on Health and Social Services before being introduced again. It's already been through a series of consultations this month.
A spokesperson for Carmant's office said the ministry has heard from several groups about domestic violence and the effects it has on children's development, as well as the danger it poses to their safety.
Marie Barrette said "there will be elements concerning domestic violence which will be introduced in Bill 15."
No date has been set for the reintroduction of the legislation.
With files from Kwabena Oduro, La Presse canadienne and Radio-Canada