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Advocates for abused women worry about bail release for accused

Ministry of Attorney General says safety of victims is paramount at all stages of prosecution, including bail
Thunder Bay courthouse
The Thunder Bay Courthouse

THUNDER BAY — A group that advocates for abused women in Thunder Bay is expressing concerns about the safety of women and children in criminal cases involving gender-based violence.

Members of the Thunder Bay and District Coordinating Committee to End Women Abuse say their concerns relate to the number of repeat offenders being allowed out of custody before trial, and to the selection of sureties — people who promise to supervise an accused person while they are on bail — for perpetrators of gender-based violence.

"Our membership repeatedly observes ongoing harm and other traumatic impacts directly resulting from a lack of any or inappropriate action taken by the criminal legal system to impose sanctions or accountability on perpetrators," the committee said in a letter earlier this year to the Crown Attorney's office.

In response to a query from TBnewswatch, the Ministry of the Attorney General has issued a statement saying "Intimate partner violence is a serious issue" and that it continues to work with local stakeholders to improve the justice system's response to intimate partner violence.

The Committee to End Women Abuse represents a cross-section of agencies including women's shelters, child welfare agencies, police, public health, victims' services, probation and parole, and crisis and counselling services.

Co-Chair Debbie Zweep also sits on a government-mandated Domestic Violence Court Advisory Committee, with participation by the Crown Attorney as well as many of the stakeholders who sit on the coordinating committee.

"We're there to problem-solve and to maintain links [among] our criminal justice system players and everyone else around the table," Zweep said in an interview. 

She conceded that the COVID-19 pandemic has posed a serious challenge since early 2020, causing backlogs in the justice system and elsewhere that are still having an impact.

"Everything shut down, including the courts. The community certainly shut down. We understand that."

She said it's also understandable that it's taken time to get things back to normal, and acknowledged that there have been personnel changes in the Crown Attorney's office in the last few years.

But the existence of a backlog, Zweep said, shouldn't mean women are forced to remain at home and live with their abuser.

"I would say that 85 per cent to 95 per cent of accused people are now being released [at the bail stage]. I believe police officers are doing their job. They're intervening, they're charging the perpetrators, and those perpetrators are being released."

In its statement, the Ministry of the Attorney General said it is working with gender-based violence organizations to find ways to prevent violence, to support victims "and to enhance the justice system's response."

It said it recognizes the important work of the province's Domestic Violence Court Advisory Committees, noting that since 2021 the Thunder Bay committee has met twice a year with the Crown Attorney's office, and that a representative of the office has attended every scheduled meeting since May 2021.

The Crown Attorney himself, it said, will attend the committee's next meeting (this week) and will be available to discuss "any ongoing concerns" with the Thunder Bay and District Coordinating Committee to End Women Abuse at that time.

The statement added that the Victim/Witness Assistance Program continues to offer court support, including court accompaniment, to survivors of intimate partner violence.

With respect to the prosecution of offences, the ministry said prosecutors receive direction from the Crown Prosecution Manual, and that they prosecute cases in accordance with the law and with sensitivity to the dynamics that exist in families where violence has occurred.

"At all stages of the prosecution, including bail hearings, the safety of victims and their families is a paramount factor," it said.

The ministry added that each Crown Attorney's office has a designated "Intimate Partner Violence" prosecutor who also serves on local Domestic Violence High-Risk committees and on any Domestic Violence Court Advisory committees.

Zweep was pleased to learn the Crown Attorney will be at the upcoming DVCAC meeting, but feels these meetings need to happen more frequently.

She said the committee can share information from unique perspectives, including "what we're seeing on the ground, in the shelters [and] why we are having sureties not vetted, for instance, that we haven't confirmed their addresses, and who they are that we are actually releasing the accused to."




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