Coercive Control as an Aspect of Family Violence -Payne and Payne, Canadian Family Law, forthcoming 10th edition, Univ. of Toronto Press, Nov 1, 2024

The definition of “family violence” in the Divorce Act -- which is mirrored in many provincial statutes-- recognizes that family violence takes many forms and that it can cause significant harm to both victims and witnesses. It does not have to constitute a criminal offence or meet the criminal standard of “proof beyond a reasonable doubt” in order for it to be considered family violence.[1] Family violence may include harassment as well as psychological abuse.[2] The broad definition of “family violence” includes indirect violence towards the children resulting from their exposure to inter-spousal violence.[3] Speaking to “coercive and controlling behaviour” in SVG v VG, Chappel J, of the Ontario Superior Court of Justice, has observed:

?The concept of “coercive and controlling behaviour” is distinct from other forms of family violence in that it can consist of many different types of acts occurring over time which, in isolation, do not seem abusive or significant, but which paint a picture of a very destructive relationship when viewed in their totality.? Accordingly, the significance of the individual incidents can only be truly understood in the context of the larger picture.? In addition, a pattern of coercive and controlling behaviour is particularly concerning because it is easier to inflict in its various forms post-separation than other types of family violence. ?… ? “[C]oercive” behaviour includes conduct that is threatening, intimidating or exerts inappropriate pressure on the other person. Behaviour is broadly being considered as “controlling” if its intent or effect is to inappropriately manage, direct, restrict, interfere with, undermine or manipulate any important aspect of the other person’s life, including their important relationships and their physical, emotional, intellectual, spiritual, social and financial autonomy or wellbeing. ?As examples of this broad and purposive interpretation, the courts have made findings of a pattern of coercive and controlling behaviour in cases where a parent has made numerous unsubstantiated allegations against the other party …, where a party has engaged in inappropriate litigation tactics to gain an advantage? in the Family Law case …, and where a party has engaged in behaviour that has had the effect of undermining the other parent’s authority or influence and alienating the child from that parent ….”[4]?

Text messages may be sufficient to support a finding of family violence.[5] And evidence of litigation abuse by a vexatious litigant may amount to family violence.[6]

?When violence is found, parenting restrictions are often ordered; they may include sole decision-making authority and termination, suspension or supervision of parenting time with the children.[7] In cases of family violence, particularly spousal violence, it is crucial that the court consider whether a co-operative parenting arrangement is appropriate. A victim of family violence might be unable to co-parent due to the trauma they experienced or ongoing fear of the perpetrator.?In addition, co-operative arrangements may lead to opportunities for further family violence.[8]

[1]???See Abaza v Adam, 2023 ONSC 1776 at para 41; SVG v VG, 2023 ONSC 3206.

[2] ??LLL v ST, 2024 BCSC 136; Evans v. Evans, 2023 ONSC 3919 at para 53, Masden J; SVG v VG, 2023 ONSC 3206 at para 102.

[3]?? AJK v JPB, 2022 MBQB 43 citing McBennett v Danis, 2021 ONSC 3610; ALF v CDF, 2022 NBKB 177; B(R) v C(A), 2023 NWTSC 6.

?[4] ?SVG v VG, 2023 ONSC 3206 at para 100; see also DA v CC, 2024 MBKB 37; VKG v IG, 2023 ONSC 6329. SC v NC, 2024 SKKB 170 at para 22 citing Carmen Gill & Mary Aspinall “The Joint Federal/Provincial Commission into the April 2020 Nova Scotia Mass Casualty: Understanding Violence in Relationships” (June 2022). And see Nonomura, Robert; Poon, Julie; Scott, Katreena; Straatman, Anna-Lee; Jaffe, Peter. (2021). Coercive Control. Family Violence & Family Law Brief (3). London, Ontario: Centre for Research & Education on Violence Against Women & Children. ISBN 978-1- 988412-48-1 Katz, Emma ; Nikupeteri, Anna;Laitinen, Merja, “When Coercive Control Continues to Harm Children: Post-Separation Fathering, Stalking and Domestic Violence”, Child Abuse Review Vol. 29: 310–324 (2020), published 19 May 2020 in Wiley Online Library.

?[5] ?Menchella v Menchella, 2012 ONSC 6304 at para 32; Blaskavitch v. Smith, 2023 ONSC 2133 at para 170.

?[6]? LDB v ANH, 2023 BCCA 480 at paras 110-117, Butler JA.

?[7]? TM v CV, 2021?NSSC?82 at para 23, Forgeron J; see also Abaza v Adam, 2023 ONSC 1776 at paras 39, 52 and 62.

[8] O’Connor v. Duguay, 2023 ONSC 2374 at para 49, Shelston J; Pereira v Berezovsky, 2024 ONSC 1862. See also Dept of Justice, Canada, “HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers – HELP Guide”, (4 January 2022) online: www.justice.gc.ca/eng/fl-df/help-aide/index.html.

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