Why bringing Clare's Law to Alberta could improve safety for domestic partners
Stephen Hunt | CBC News | Posted: January 2, 2019 10:04 PM | Last Updated: January 2, 2019
'Although the warning signs are there, you're not exactly sure'
Clare's Law is a policy in the United Kingdom that permits the police to disclose a partner's violent past.
Legislation was introduced in Saskatchewan in November to bring Clare's Law to that province.
Andrea Silverstone, executive director of Sagesse, a domestic violence prevention society, spoke to the Calgary Eyeopener on Wednesday about the possibility of introducing Clare's Law in Alberta.
This interview has been edited for clarity and length
Q: How did Clare's Law come into effect in Britain?
A: Clare's Law was based off of work by the family of Clare Wood, who was killed in 2008 by her abusive partner. After her death, her family found out that her partner had quite a history of domestic violence and felt that if that information would have been known, she would've been able to make different decisions to keep herself safe.
As a result of this, it's actually not a law. This policy was put in place to let victims of domestic violence and their friends and family members have a mechanism and an opportunity to try and find out information about their history.
Q: How does it work?
A: If you suspect that the person that you're dating or your friend or family member suspects that the person that you're dating has a history of domestic violence, you can make a request to the police to get that information.
They don't just automatically disclose it; what they do is review that request.
They then usually have some sort of face-to-face followup meeting to try and understand why you're making that request and the concerns that are related to it. There then is usually a discussion with a multi-agency task force to try and understand the value of disclosing that information.
Then — if the police deem that there is a concern around the safety of a potential victim — they'll disclose that information.
The beauty of what I learned … is that it's not just about disclosure of that information. It's about making sure that … the potential victim has whatever supports that they need to keep themselves and their families safe. Also, the potential perpetrator is often given opportunities to engage in services and support, so that it disrupts potentially abusive behaviour.
Q: I'm guessing that if someone were to come forward and make a request like this, it would be because they were seeing signs [of potential trouble] in their relationship already. Why is it necessary, if the warning signs are already there? Why do you need to know what happened in the past, if it's already happening in the present?
A: If only the experience of domestic violence was so straightforward that you saw the warning signs and were able to leave. But we're complex people and perpetrators are complex people. They're not all bad.
You might see the warning signs, but you also might be in a relationship where you have someone who's showing you affection and love and you enjoy being in the relationship. And so although the warning signs are there, you're not exactly sure.
Also, I think we have a tendency to minimize and dismiss that sort of behaviour, thinking it's not real or that we're overreacting. One of the characteristics that we know around a violent relationship is something called crazy-making or gaslighting, where the person who is the abuser will often minimize their abusive behaviour, leading the victim to believe that she's crazy.
Q: Saskatchewan has implemented something very similar to Clare's Law. Do you know how that's working or is it too new?
A: I don't actually think any cases have been used yet — it was just at the end of the year that Saskatchewan talked about implementing it, but I'm really eager to see how it does roll out in Saskatchewan and the impact that it makes.
I'm also very hopeful because with regards to Clare's Law, it comes with supports and services attached to it. Because once an individual knows they're in a relationship with someone who has a history of abuse, that doesn't necessarily mean they're going to stop dating them right away.
Q: How optimistic are you that you can persuade lawmakers here, legislators here, that there should be something similar in Alberta?
A: I feel hopeful because I know that we in Alberta have been very innovative and forward-thinking in addressing domestic violence.
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With files from the Calgary Eyeopener.