The Supreme Court of Canada has issued a landmark ruling establishing a new legal basis for civil claims related to domestic abuse. The court created a new common law “tort of intimate partner violence,” applicable in all Canadian jurisdictions outside of Quebec.
A “Pernicious Social Ill”
In a comprehensive judgment spanning 400 paragraphs, the court characterized intimate partner violence as a “pernicious social ill that deserves the full attention of the law.” Justice Andromache Karakatsanis noted in the ruling that such violence remains at “epidemic levels.”
The majority’s reasons were drafted by Justice Nicholas Kasirer. The decision stems from a case involving a woman who endured years of physical and psychological abuse, where her husband used coercion and control to break her will and ensure her obedience.
Addressing Legal Gaps
The court determined that existing civil torts, such as assault or the intentional infliction of emotional distress, were insufficient. These existing frameworks failed to encompass the full scope of harmful behaviors and damages experienced by victims of coercive control, specifically the loss of autonomy and attacks on dignity.
Rachel Chagnon, a law professor and dean at the UQAM Faculty of Political Science and Law, noted that creating a new tort is a rare and significant event. She described the judgment as one that “strikes hard,” emphasizing that the Supreme Court’s voice carries immense weight.
The Quebec Distinction
Because Quebec operates under a different legal system, this decision does not serve as a binding precedent in that province. However, Professor Chagnon suggests the judgment remains highly useful for its broad findings on coercive control and the extent of damages caused to partners.
Victims in Quebec can still seek damages for coercive control, though they must rely on a different legal basis: Article 1457 of the Civil Code of Quebec. This ruling pertains to civil law and the pursuit of damages, rather than criminal law.
Safeguards and Future Outlook
The court integrated a warning from the Association nationale Femmes et Droit, which intervened in the proceedings. The association cautioned against making the new tort too broad, fearing it could be “used as a weapon” by abusers to continue dominating survivors through judicial proceedings after a separation.
Looking ahead, this civil development may align with ongoing legislative discussions. Parliament is currently studying Bill C-16, which explores the possibility of making coercive control a distinct criminal offense.
Frequently Asked Questions
Does this new tort apply to legal cases in Quebec?
No, it does not have the force of a precedent in Quebec due to the province’s different legal system. However, Quebec victims can still seek damages under Article 1457 of the Civil Code of Quebec.
Why did the Supreme Court decide that existing laws were not enough?
The court found that existing torts, like assault, have gaps and do not cover all harmful behaviors or damages associated with coercive control, such as the loss of dignity and autonomy.
What is the difference between this ruling and criminal law?
This ruling is based on civil law, which allows a victim to sue the perpetrator of a fault to obtain monetary damages, rather than seeking criminal penalties.
Do you believe the legal recognition of “coercive control” will significantly change how domestic abuse is handled in civil courts?
