New Halifax court aims to support families torn apart by domestic violence
Domestic violence court helps streamline process so healing and treatment can begin sooner
A new court in Nova Scotia aims to help families through the painful process of confronting domestic violence by providing support and tools for healing early in the process.
The domestic violence program in Halifax provincial court, presided over by Judge Amy Sakalauskas, started hearing cases one day a week earlier this month.
Claudia Mann, a director with court services at the Department of Justice, said domestic violence court looks at what can help change behaviour in comparison to the criminal justice system which is "an adversarial process … geared toward a trial."
Court gets input from victims early on
The services offered to abusers don't hinge on the outcome of a trial. Instead of waiting months or even years for a resolution, the accused can start counselling after accepting responsibility, usually in the form of a guilty plea, Mann said.
"It means men can start making changes, stepping up to take responsibility, looking at their behaviour and relationships, it means they can take control of their lives again," said Wendy Keen, a social worker and the executive director of New Start Counselling, a clinic that works to prevent family violence.
The specialty court also supports victims who experienced violence and gives them a chance to weigh in on what they want to see happen early on. It follows a four-year pilot project in Sydney, now a permanent court, that has handled more than 300 cases.
"What I like very much about this program [is the] focus and attention on the victim's experience ... support to victims who often are left out of the equation once the court system has begun," Keen said.
Though New Start sees about 200 clients involved in intimate partner violence in the Halifax area, Keen said the problem is far more extensive, with many people still not feeling comfortable seeking help.
Halifax Regional Police said they responded to 2,356 domestic violence dispute or assault calls in 2017. They laid charges in 32 per cent of those cases.
Advocates say abusers need education, counselling
Keen was part of the working group and steering committee that helped develop the court in Halifax. Now she sits in on a weekly assessment meeting with representatives of government and other community organizations that discuss upcoming cases.
New Start, Alice Housing, Bryony House, the Mi'kmaw Native Friendship Centre and the Association of Black Social workers and the Immigrant Settlement Association of Nova Scotia are some of those organizations.
Mann said the goal is to approach each case bearing in mind that different families have different needs.
Many of the people involved remain in relationships, whether it's romantic or as co-parents, and they may rely on each other for financial support or housing.
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She said quicker access to programs following a violent event can help offenders change their behaviour, lessening the risk of the abuse happening again.
"People who want to take accountability and want to make change, they don't know how to make change, they need supports to do that, they need counselling to do that, they need education to do that," she said. "It's really important the interventions we can work toward can make that whole family safer."
'More therapeutic rather than adversarial'
Referrals to the program come from criminal charges related to domestic violence, through legal aid, public prosecution, police and community organizations familiar with cases. The accused must agree to participate in the process.
"Intervention can take some time too … it's not about a fast track approach, it's about a good approach," Mann said.
That approach is already underway in other parts of the country.
Nancy Komsa, a Crown prosecutor who set up a domestic violence court in Ontario's Oxford County, shared her experiences at the Canadian Domestic Violence conference held in Halifax this past week.
She said if the accused admits guilt within one or two court appearances, they go through a 12-week intensive counselling program and then a report on their progress is given to the judge and Crown.
"We can decide and tailor sentencing to meet the needs," she said. "It makes the system more therapeutic rather than adversarial."
Involving victims can help lessen stress
Komsa, herself a survivor of intimate partner violence, said too often people who experience violence often feel shut out of the criminal process.
"You have so many problems and so many stressers in your life after the event occurs, that it's really a difficult time for you. The more we can [involve the victim] in the process, they understand it. The stress is lessened," she said.
A Crown attorney for 25 years, Komsa said the role as a prosecutor in domestic violence court is one of a facilitator.
"What we want is to see men accepting responsibility — and females accepting responsibility when they're abusers — and we want to see them get assistance and help so it doesn't happen again."
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