.

Weighing Justice

August 2018 - August 2021

In partnership with Dalhousie University and Halifax Regional Police

Funded by: Justice Canada

RESEARCH TEAM

Lead Researcher: Dr. Nancy Ross – Assistant Professor, School of Social Work, Dalhousie University
Project Lead/Research Assistant: Cary Ryan, MSW, School of Social Work, Dalhousie University
Research Assistant: Tara Borden, MSW Practicum Student (Jan-June 2019)
Partners: Sue Bookchin, Executive Director, Be The Peace Institute; Dr. Chris Giacomantonio, Research Coordinator, Halifax Regional Police

Rationale and Background     

The rationale for this research is grounded in the understanding that domestic violence continues to be a serious social issue in Nova Scotia, despite efforts initiated over two decades ago (1995) to alter this trajectory through the implementation of pro-arrest, pro-charge and pro-prosecution policies (“policies”), (Sinha, 2010). A 2009 statistical profile of family violence in Canada indicates there were 31,000 victims in Nova Scotia who self-reported experiences of spousal violence in the past five years, (Sinha, 2010).

Put simply, these policies provide authority to police and crown prosecution to proceed with criminal charges against a perpetrator related to domestic violence, where there are grounds to believe there has been domestic violence, regardless of the wishes of the victim.

While these policies have contributed to the recognition of domestic violence in the criminal justice system, these policies have also been subject to considerable critique regarding their ability to effectively address, reduce, and eliminate domestic violence in our society, (Nelund, 2015). Critiques of these policies fall on a spectrum of those who support the thinking behind the policies, but highlight inadequacies in the implementation process, to those who question the very premise of the policies, (Rumscheidt, 1996). Examples of some critiques include;

  • These policies are a one-sized-fits all response that can disempower women, fail to address individual needs and jeopardize victim safety, (Singer, 2012; Scott et al. 2017).

  • These policies do not respond to the continuum of domestic violence, nor do they serve as a deterrent, (Scott et al. 2017; Rumscheidt, 1996). 

  • Despite the mandate of these policies, police are often reluctant to lay charges because of factors such as lack of cooperation from victims and other criminal justice stakeholders, (Singer, 2012).

  • These policies have contributed to an increase in the criminalization of women through such circumstances where police lack a comprehensive understanding of domestic violence, and mislabel a victim as a perpetrator, resulting in the victim being arrested and charged for perpetrating the incident, (Cain, 2012).

Purpose and New Knowledge

This fully developed study will critically analyze the overall effectiveness of these policies as a response to domestic violence in Nova Scotia. This analysis will explore a diverse range of individual and collective perspectives from important stakeholders, as well as, consider how these policies have influenced discourse on domestic violence. Further, this analysis will highlight current barriers, gaps and unintended consequences, and provide recommendations for improved or alternative responses.

Study Population

The study population will include five target groups:

  1. Victims of domestic violence

  2. Perpetrators of domestic violence

  3. Police - Halifax Regional Police (HRP); Town of Bridgewater Police; Royal Canadian Mounted Police (RCMP) in Halifax and Kings County

  4. Crown Prosecution, Defence Counsel, and Judiciary

  5. Allied Professionals

Methods

This cross-sectional study will include forty individual interviews and three to five focus groups comprised of demographic and qualitative questions. Brief demographic questions will be asked on the informed consent form for focus group participants.  The same demographic questions will be asked during individual interviews. This study will be advertised by posters and referral cards that will be posted in relevant offices (of those who agree) and forwarded on relevant group email listservs of the five target groups.  All interview participants will be age 18 years and older. The duration of data collection will be seven months.

Our research is guided by an anti-oppressive, intersectional, feminist lens, and an important aspect of this is learning from others with respect to this topic. We want to understand better, if and how, these policies have influenced how people think about domestic violence. We also want to understand how these policies impact people in their lives, and work together to understand how the future should look in this area.

Final Report:

“Weighing Justice” project report, January 2021

“Weighing Justice” project report, January 2021