The Intersection of Credibility and Stereotypes in the Family Violence Context
Family violence is defined broadly in the Divorce Act, including any conduct “that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour.”[i] This includes psychological abuse and financial abuse.[ii]Family violence has been recognized by the Supreme Court of Canada (SCC) as being “notoriously difficult to prove.”
Undeniable Harms: Expert Evidence, Parental Capacity, and Cultural Bias in Child Protection Cases
Section 37(2) of the Child and Family Services Act (the “CFSA”) provides that, “in order to determine the best interests of the child, the judge or master may direct an investigation” into the matter. In child protection cases, where a Child and Family Services (“CFS”) agency seeks to establish a permanent order of guardianship over a child, the investigation will take the form of a parental capacity assessment. Parental capacity assessments (“PCAs”) are a form of expert evid
To Address Problems in Canada’s Criminal Justice and Correctional Systems: Look Upstream to Child We
Sometimes, when your knee hurts, the problem is actually with your hip. The same is true for neck and should pain: problems can become...
