Written by Madhurie Dhanrajh, University of Toronto student researcher; originally published on Slaw, Canada’s online legal magazine.
To be a victim is one thing. To be a survivor is quite another. In a world where violence against women and intimate partner violence (IPV) runs rampant and unabated, victims are everywhere, seen and unseen. But survivors — those who have endured, who continue to endure, who persevere against adversity — they are everywhere too. They too are unseen, their stories and lives hidden beneath the scars they carry and the pain in their hearts. Their voices, their words, and their lives have informed everything I am about to tell you. These survivors are those who have survived intimate partner violence as well as the self-representation process in the Ontario and Superior Courts of Justice. And I say “survived” because both are ordeals, violent and traumatizing in their own ways.
In the fall of 2022, as part of a course at the University of Toronto called Community Research Partnerships in Ethics, I was assigned to work with the National Self-Represented Litigants Project (NSRLP) to produce a research project based on their data and community of engagement. To be able to work with such an impactful organization was humbling, as well as daunting. But the lovely people in this organization, namely my Project Supervisor Dayna Cornwall and my Faculty Supervisor and Executive Director of NSRLP Jennifer Leitch, welcomed me with open arms and made me feel like anything was possible. Through them, I learned about the resilience and plight of self-represented litigants throughout Ontario and Canada — the reasoning behind their choices, the struggles they face in court, and the resources available to them (such as NSRLP’s primer series) to aid them in overcoming structural barriers to justice. Ideas for my research project began to form.
The folks at NSRLP then introduced me to another organization, WomenathecentrE, created and led by survivors for survivors, who strive to eradicate gender-based violence against women, girls, trans, 2-spirit, and gender diverse folks through personal, political, and social advocacy. The incredible people I met helped to open my eyes to the reality of intimate partner violence in Ontario. I was able to see the tangible steps staff at the Centre were taking to support women and all peoples in our own community, and the profound difference they were making in so many lives. I began to consider the ways in which intimate partner violence intersects with self-representation in court.
We formed a group including staff from the NSRLP, WomenatthecentrE, and a lawyer with knowledge of and enthusiasm for the topic. Together we discussed how the struggles of self-represented litigants are greatly compounded when they are also survivors of IPV. We discussed issues such as dealing with abuse in family court, the inefficacy of the justice system in resolving such issues, and the acute pain felt by those forced to endure these ordeals. With all of this information, as well as the connection the team and myself felt to these topics, I felt it right to link these subjects into one research question: How should the Ontario and Superior Court of Justice adapt to more effectively mitigate the psychological and social harms that self-representation has on women who are survivors of intimate partner violence?
This has been an ongoing issue tackled by various other individuals and organizations such as the Barbra Schlifer Commemorative Clinic and Luke’s Place, but the specific intersection between IPV and self-representation has received less attention. The answer to my project question is rooted in fact, research, and most importantly, experience. The paper I have written, “Voices and Visions of the Future: Self-Represented Litigants who are Survivors of Intimate Partner Violence,” is directed towards the Ontario Justice System, including recommendations on how to improve the system when it comes to SRLs who are survivors of IPV. These recommendations stem from research, but also from the voices of those who have undergone the process themselves, via interviews conducted by staff at WomenatthecentrE.
These voices have articulated that the current justice system is not adequate in addressing issues regarding SRLs who are IPV survivors. The court is “cold,” “unforgiving,” and “cruel” – a clinical process that demands the excision of emotion and humanity from cases without regard for the SRLs who have undergone the very trauma they are forced to speak about. The people in the system (lawyers, judges, legal personnel) are too frequently insensitive or simply uneducated on how to interact with survivors. And the system itself is lengthy, dense, and elitist, making it difficult for SRLs, much less IPV survivors, to enter and plead their cases effectively. From these deficiencies stem many recommendations from survivors, which fall under two categories. The first, survivor-specific recommendations, request improvements to the procedural aspect of court to make it more accessible to SRLs new to the system, more organizations like NSRLP and WomenathecentrE to give support, and better training for legal personnel in handling abuse and IPV. The second category of recommendations, systemic improvement, request drastic change to the system itself through the creation of a separate system to hear cases of IPV survivors in family court matters, headed by personnel trained in handling IPV and abuse. After enduring the current process, survivors genuinely believe that cases would be better in this new system, and improving the current system, though somewhat helpful, only puts small bandages on deep wounds.
To be frank, my experience of writing this paper was not easy. In terms of content, reading about the experiences of IPV survivors was heartbreaking, and listening to these stories from survivors themselves was even more painful for me, much less those who were reliving the trauma of their experiences in the justice system. I also felt a deep obligation and responsibility to inscribe these stories in a way that did justice to all of the survivors I was representing. I am by no means an expert, just a university student making her way in the world, so the task before me was daunting and in many moments, the writing process was filled with hesitation. But I was able to power through with the encouragement I received from the team and the interviewees. Despite enduring so much, their resilience never wavered, and neither did their faith that one day, the system would change.
It is my hope that this paper contributes to efforts to ensure that self-representation for survivors of intimate partner violence will become easier, fairer, less traumatizing, and more just. Although there is much work to be done, the hope is that we might ultimately achieve a reality where survivors who self-represent can do so without experiencing further abuse.
They have spoken. Their voices are loud. It is time for us to listen.
I am a survivor from a 25 year marriage to a cluster B personality disorder under psychopathy. My experience with lawyers and most Judges is that they don’t have an understanding of this complex personality disorder.
The ex spouse now in my continuing four year battle has used ever tactic in the books to pull the wool over the Judges and meanwhile he’s been able to hide his income, not pay his cost orders, not comply with disclosure of his business partnerships, not comply with the support order without getting reprimanded for the beyond bad behavior
I’ve had four lawyers act in bad faith misrepresenting me causing significant set backs in getting Justice and I’m now self represented after spending over $260,000 of borrowed money.
This is injustice, it’s unconstitutional, it’s unfair, it’s cruel, and I’m so disgusted with our Justice system that my now two separate cases are news worthy of complaining about.
I feel based on my experience that the lawyers and Judges don’t all abide by their rules of conduct. They have a license to screw you over if they want with no real consequences.
I’m totally appalled by it and have no trust in the system.
There needs to be accountability and transparency in order to have a fair and honest judicial system.
I’ve now made complaints to both the Law Society which seems like a big waste of time and the Judicial committee.
I know I’m not alone on this topic.
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my case is eerily similar to Natalie’s. I too, have submitted a request for investigation by the Canadian Judicial Council (“CJC”) as well the Law Society of Ontario (“LSO”). I would harbour no expectations from either of those institutions, however, it is critical to report the “alleged” abuses, as silence is what perpetrators want in order to continue abusing power. You may wish to contact me. I vow to eliminate the opportunity for litigant, counsel and judicial misconduct / anbuse and even misconduct be the court staff who act as “gatekeepers” to having materials filed which demonstrates wrongdoing. Imagine that the RCMP stated that a victim of domestic violence was a victim of fraud in her matrimonial (divorce) trial, due to the conduct of her “former spouse, his counsel and the judiciary.” It is described as “suicidal” what this person has endured during a 25 year marriage and then suffered further perverse abuse in a court of law – this must end. Contact me personally if you want to meet to discuss it further. If anyone wants to get together to discuss how we can expose the evil wrongdoing in family court. There is power in exposure of the unlawful, nonfeasance, misfeasance and or corrupt practices. The court is rife with opportunity to swindle a litigant, especially a self-represented litigant, an “out-spouse” (the one who neither earns nor controls the family finances) and the controlled spouse. It is sociopathic. York Regional Police (“YRP”) state that victims of domestic assault also experience emotional, spiritual and financial assaults / abuse. This is not a surprise. The question is what can we do to achieve restitution? Justice?
Let us know when you get a reply from the Canadian Judicial Council and from whom specifically. Such correspondence always came from the person in the position of Executive Director, and then since 2004, Executive Director and (Senior) General Counsel. I received two such letters, both signed by Norman Sabourin, who went on leave at the beginning of 2020 and then retired a year or so later. The CJC subsequently invited applications to fill the position but that still has not happened. A former chief justice and CJC member, J. Michael MacDonald, initially took on the role in an acting capacity, but at least three other people have since been signing those letters, including the Commissioner for Federal Judicial Affairs, Marc Giroux, who is identified as the Acting Executive Director and Senior General Counsel here – https://www.justice.gc.ca/eng/trans/transition/2021/p7.html . The very recent passage of a bill – C-9, An Act to amend the Judges Act – has changed, among other things, the initial step, so that the position is now designated “screening officer”. It’s well worth reading the Act – https://laws-lois.justice.gc.ca/eng/acts/j-1/ – to see how this works.
Choice. Unless & until society collectively acknowledges & stands by the fact that abusers CHOOSE to abuse their victims, just as they CHOOSE not to abuse people with power who could hold hem accountable, we will continue to waste our lives trusting a toxic system benefits from & lives off the spoils of the abuse & poverty industry which includes every facet of the legal and medical industry.
19 YEARS of being in a court of law, of studying & witnessing this industry protect perpetrators, be they lawyers, judges, doctors or care givers, and most specifically allowing abusers to hide behind specious ‘diagnosis” that excuse and justify their choices, should be a wake up call to us all.
Nothing changes because the convenient misconception that sexualized/violence against women, children & vulnerable persons with disabilities COSTS 1.16 Billion in Canada- is in fact the amount of EARNINGS the industry puts in its pocket. This system will never remotely begin to address the pain & suffering of victims because it funds their lifestyles and requires them to continue to turn a blind eye 7 perpetuate its own cruelty to silence & denigrate victims. Nothing – nothing you do or say, no amount of conferences or lip service to so called law, will ever change that.
God is the only alternative to the rampant abuse perpetuated by the unjustice system. May God have mercy on their souls when the real day of judgement comes.
The courts out here in bc continue to respect the property rights of the abuser over the rights of the victim to safety. They do not care about the situation the victim is in. And will not remove the abuser. I tried the police years ago. Useless. So are the courts. Property rights are more important then stopping the abuse
It has been many years since we first heard that change was in the wind. I’ve noticed that we don’t hear that claim much anymore. But one change is coming up for B.C. in the retirement of Robert Bauman, who has been our Chief Justice for ten years. See this Canadian Bar Association notice of a celebration scheduled for September 8 – https://www.cbapd.org/details_en.aspx?id=bc_bc23evt04d . The CBA also recently published this interview with him – https://www.cbabc.org/BarTalk/Articles/2023/June/Features/An-Interview-with-Hon-Chief-Justice-Robert-Bauman . He says, among other things, that the public perceives his office and the court as very open. I think it is clear that many members of the public do not.
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He’s stepping down at the end of September. It will be very interesting to see who succeeds him. It’ll also be interesting to see if that succession takes place immediately, because in announcing his intention to retire last January 10 he gave the federal Justice Minister nearly nine months to find his successor.
My comment is not about the judicial system but the police. I am a victim of Intimate Partner Violence. I was heartbroken to call the police in August 2021 but having been hit three times, the last leaving me with a permanent injury to my head and neck, I could not sustain a possible fourth attack and called 911 due to my husband’s excessive anger towards me. A young constable arrived, took my statement down on his cell phone (? I thought the police took statements down in writing but I’m eighty-six years old and still a paper and pen person, so maybe times have changed). My husband was removed from my home, an adjustment I’d hoped never have had to make. I was represented by a local Crown Attorney. I was not allowed to have direct contact with the Crown. Victims Witness was the intermediary. Would you hire a lawyer to represent you whom you had never met? I wonder. And what happened? The Crown dismissed the charge of assault against my husband due to lack of police evidence, she said, among other things. Lack of police evidence? Apparently the police lost my audio statement, Why did this young police constable not contact me and ask me to repeat my statement for his records? He did not. Why was I never told about this lost statement? I was not. Why was I not asked to replace my statement by the police? I was not. I had filed a mild complaint with the police commission, not wanting to get this young constable in serious trouble. What came out of that? An apology. Even though I asked why the statement was lost, why I was not notified of its loss, why I was not asked to replace its loss. These questions were not answered. I don’t want an apology. I want answers to my questions. Apparently the police don’t like answering questions.