Recently, a specialized court for cases of sexual and domestic violence was established in Quebec, marking an important step in addressing this issue.
In the Abitibi-Témiscamingue region, the services of this court will be available in the courts of Amos, Rouyn-Noranda, Val-d'Or, and Ville-Marie, as well as in the service points of La Sarre and Senneterre. Minister of Justice Simon Jolin-Barrette announced this at a press conference, emphasizing that such courts provide better support for victims and enhance the skills of judicial system workers.
As part of the program, five social workers have been added to the Crime Victim Assistance Center, and five staff members, including two prosecutors, have been added to the Public Prosecution Service. These measures aim to create a "protective shield" for victims so that they feel safe throughout the process. Physical improvements to the courts are also planned, such as safe zones and means of giving testimony to prevent victims from encountering their abusers.
Since 2022, such courts have been operating in 24 judicial districts in Quebec, and over 29,000 victims have received support.
The issue of domestic violence remains extremely relevant in Canada, especially in the context of immigration. Unfortunately, many immigrants are unaware of what constitutes domestic violence in Canada and what consequences such actions may have. Situations often arise where a couple has a disagreement, leading to an argument or, God forbid, physical violence. The police then take the husband (or wife) into custody because the victim files a complaint, and within a few days, the couple reconciles.
However, six months later, an unexpected denial of a work permit extension arrives. Why? Because the husband has become an accused in a criminal case, such as threats. Even if the conflict was resolved between the spouses, the criminal charge remains in the system and directly affects their immigration status.
In Canada, domestic violence falls under several sections of the Criminal Code, and penalties for such actions can be severe. Here are the key provisions:
Assault (Sections 265-268)
- Section 265: Defines assault as the intentional use of force without consent, or an attempt/threat to use force. This includes physical violence such as hitting, pushing, or slapping in a marital context.
- Section 266: Simple assault (an offense processed through a simplified or mixed procedure).
- Section 267: Assault with a weapon or causing bodily harm (punishable by up to 10 years imprisonment if processed by indictment).
- Section 268: Aggravated assault (e.g., causing wounds or creating a threat to life, punishable by up to 14 years imprisonment).
Harassment (Section 264)
Applies to behavior such as stalking, repeated threats, or actions that cause the victim to fear for their safety — commonly seen in domestic violence cases. The penalty can be up to 10 years in prison.
Threats (Section 264.1)
Threatening to cause death or bodily harm to a partner or their property is a criminal offense, often applied in cases of domestic violence.
Sexual Violence (Sections 271-273)
- Section 271: Sexual assault (unwanted sexual touching).
- Section 272: Sexual assault with a weapon or causing bodily harm.
- Section 273: Aggravated sexual assault. These sections apply when domestic violence includes acts of sexual nature without consent.
Forcible Confinement (Section 279(2))
Restraining or restricting a partner's movements against their will, which is often found in abusive relationships, is punishable by up to 10 years in prison.
Murder (Sections 222-235)
If domestic violence leads to death, sections such as Section 229 (murder) or Section 231 (first or second-degree murder) may apply, with a penalty of life imprisonment.
It is important to emphasize that even half of these accusations (e.g., simple assault or threats) make it impossible to extend temporary status such as a work or study permit. More serious offenses, such as assault causing harm or sexual violence, can even revoke already obtained permanent resident status. A criminal case, even without a final conviction, is recorded in the system and transmitted to IRCC, which often leads to the refusal of status extensions or sponsorships.
Therefore, the creation of specialized courts is not only about helping victims but also sends a message that Canada takes any form of violence seriously, especially in the context of immigration processes.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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