Preliminary Examination of so-called "Honour Killings" in Canada

References

  • 1 - Sujay Patel and Amin Muhammad Gadit, "Karo-Kari: A form of Honour Killing in Pakistan," Transcultural Psychiatry, vol. 45(4) (December 2008): 683-694.

  • 2 - Lynn Welchman and Sara Hossain, eds., Honour: Crimes, Paradigms, and Violence against Women (London and New York: Zed Books, 2005): 4-10.

  • 3 - Craig Offman, "Honour Killing," National Post, November 15, 2008, p. A1.

  • 4 - Supra note 2 at p. 9.

  • 5 - Amber Hildebrandt, "Honour killings: domestic abuse by another name?" CBC News, July 24, 2009. Available at: http://www.cbc.ca/canada/story/2009/07/24/f-honour-killings.html.

  • 6 - United Nations Population Fund, "Chapter 3: Ending Violence Against Women and Girls," in State of the World Population 2000. Lives Together, Worlds Apart: Men and Women in a Time of Change. (New York: UNFPA, 2000). Available at: http://www.unfpa.org/swp/2000/english/ch03.html; Kristin Elisabeth Solberg, "Killed in the name of honour," The Lancet, vol. 373, (June 6, 2009): 1933-1934.

  • 7 - "The Murdered Bride," The Fifth Estate. Aired February 1, 2006. Available from: www.cbc.ca/fifth/murderedbride.

  • 8 - R. v. Sadiqi, [2009] 68 C.R. (6th) 346, [2009] O.J. No. 2974 (QL); R. v. Sadiqi (15 June 2009), 06-4210 (O.S.C.J.); Chris Cobb, "Brother Gets Life in Honour Killing," Ottawa Citizen, May 31, 2009. Available at: http://www.ottawacitizen.com/news/Brother+gets+life+honour+killing/1647215/story.html.

  • 9 - Andrew Chung and Daniel Dale, "Were the deaths of 4 women a matter of honour?" thestar.com, July 24, 2009. Available at: http://www.thestar.com/news/ontario/article/671148.

  • 10 - So-called 'honour crimes.' Council of Europe, Parliamentary Assembly, Committee on Equal Opportunities for Women and Men. Doc. 9720 -2003 (2003). Available at: http://assembly.coe.int/Documents/WorkingDocs/doc03/edoc9720.htm.

  • 11 - Lama Abu-Odeh, "Comparatively Speaking: The 'Honour' of the 'East' and the 'Passion' of the 'West,'" Utah Law Review 2 (1997): 294.

  • 12 - Sharon K. Araji, "Crimes of Honour and Shame: Violence against Women in Western and Non-Western Societies," The Red Feather Journal of Postmodern Criminology (2000): 5. Available at : http://www.critcrim.org/redfeather/journal-pomocrim/vol-8-shaming/araji.html

  • 13 - A husband is justified in killing his wife (and her partner) without penal sanction in the case of adultery (Islamic Penal Code, art. 360); Landinfo, Report: Honour Killings in Iran (2009): 12. Available at: http://www.landinfo.no/asset/960/1/960_1.pdf. The Iraqi Penal Code of 1969 and its amendments consider "honourable motives" while committing a crime to be a mitigating factor. For instance, it is possible for a person convicted pursuant to articles 405 and 406 of the Penal Code to receive a sentence of up to one year for a crime of homicide if the crime was committed to "wash the family's honour." Additionally, a husband who kills his wife when caught in the act of adultery can receive a sentence of only up to three years imprisonment. His testimony in court is sufficient evidence to prove adultery. United Nations Assistance Mission for Iraq, Human Rights Report, 1 January – 30 June 2009, (2009): 13. Available at: http://news2.uniraq.org/documents/UNAMI_Human_Rights_Report15_January_June_2009_EN.pdf

  • 14 – Sherifa Zuhur, Considerations of honor crimes, FGM, kidnapping/rape, and early marriage in selected Arab nations, (UNDAW, 2009): 2 and 6.

  • 15 – Sohail Akbar Warraich, "'Honour killings' and the law in Pakistan", in Lynn Welchman and Sara Hossain eds., Honour: Crimes, Paradigms, and Violence against Women (London and New York: Zed Books, 2005) 78.; Zuhur, 8-9.

  • 16 - Another category of penal laws related to honour are provisions that allow kidnappers and or rapists to be exonerated from criminal charges if they marry their victims, such as in Iraq and the Palestinian National Authority. Zuhur, 2.

  • 17 - Abu-Odeh, 299. According to the author, adultery justified an acquittal for husbands who killed their wives in Texas, Georgia and New Mexico until the early 1970's.

  • 18 - Working towards the elimination of crimes against women committed in the name of honour, United Nations General Assembly, UN Doc. A/Res/55/66 (2001). Available at: http://www.undemocracy.com/A-RES-55-66.pdf; Working towards the elimination of crimes against women committed in the name of honour: Report of the Secretary-General. United Nations General Assembly, UN Doc. A/57/169 (2002). Available at: http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/985168f508ee799fc1256c52002ae5a9/$FILE/N0246790.pdf.

  • 19 - Ibid.

  • 20 - Working towards the elimination of crimes against women committed in the name of honour: Report of the Secretary-General, United Nations General Assembly, UN Doc. A/57/169 (2002).

  • 21 - Supra note 10.

  • 22 – Association of Chief Police Officer of England. Wales, and Northern Ireland. Honour Based Violence Strategy, (2008). Available at: http://www.acpo.police.uk/asp/policies/Data/ACPO%20Honour%20Based%20Violence%20Strategy%20-Website%20version.pdf; The Crown Prosecution Service, Violence Against Women Strategy and Action Plans, (2008). Available at: http://www.cps.gov.uk/publications/equality/vaw/vaw_strategy.html

  • 23 - Ministry of Integration and Gender Equality, Government of Sweden. Action plan for combating men's violence against women, violence and oppression in the name of honour and violence in same-sex relationships, (2007). Available at: http://www.sweden.gov.se/sb/d/10299/a/98769; Government of Denmark, Strategy for Police Action Against Honour-Related Crimes (2007). Available at: http://webapps01.un.org/vawdatabase/uploads/Denmark - National Police Strategy to Counter Jealousy Motivated Homicides and other DV (Dan).pdf

  • 24 - Joe Warmington and Brett Clarkson, "Father-in-law charged: Peel's 1st murder of 2009 may be 'honour' killing," Toronto Sun, January 7, 2009. Available at: http://www.torontosun.com/news/torontoandgta/2009/01/07/7940636-sun.html; Michele Mandel, "There's no honour in murder," Toronto Sun, June 9, 2010. Available at: http://www.torontosun.com/news/columnists/michele_mandel/2010/06/09/14327361.html.

  • 25 - Bob Mitchell and Noor Javed , "'I killed my daughter ... with my hands': Domineering father and son plead guilty to strangling rebellious teenager," Toronto Star, June 16, 2010, p. A.17.

  • 26 - "Brother faces new charge in teenage girl's slaying," CBC News, 27 June 2008. Available at: http://www.cbc.ca/canada/toronto/story/2008/06/27/aqsa-parvez.html#ixzz0iAzN933G.

  • 27 - Neco Cockburn, "Ottawa court hears opening statements in alleged 'honour killing,'" Ottawa Citizen, May 7, 2009. Available at: http://www.ottawacitizen.com/news/Ottawa+court+hears+opening+statements+alleged+honour+killing/1573445/story.html#ixzz0z3V9Fksl; Supra note 8.

  • 28 - R. v. Dulay, [2009] A.J. No. 29 (QL) (Alta. C.A.).

  • 29 - R. v. Kailayapillai, [2009] O.J. No. 1145 (QL) (S.C.J.).

  • 30 - R. v. Khan, [2007] O.J. No. 4383 (QL) (O.C.A.); "Father, stepmother convicted of murdering 5-year-old Farrah Khan," CBC News, April 22, 2004. Available at: http://www.cbc.ca/canada/story/2004/04/22/khan_20040422.html.

  • 31 - R. v. Humaid, [2006] O.J. No. 1507 (O.C.A.); application for leave to appeal dismissed without reasons [2006] S.C.C.A. No. 232; "'Family honour' murder defence rejected by Supreme Court," National Post, November 10, 2006, pg. A6.

  • 32 - Ibid., at para. 93.

  • 33 - Ibid.

  • 34 - R. v. Atwal, [2005] B.C.J. No. 1512 (QL) (B.C.S.C.); parole ineligibility period upheld on appeal, R. v. Atwal, 2006 BCCA 493 (B.C.C.A.); Megan O'Toole, "Honour killing' cases spark debates over religion, racism," National Post, July 24, 2009, pg. A6.

  • 35 - R. v. Nahar, [2004] B.C.J. No. 278 (QL) (B.C.C.A.); R. v. Nahar, [2002] B.C.J. No. 1424 (QL) (B.C.S.C.).

  • 36 - "Wife will stand trial in canal slayings; Husband and son also face murder charges," The Gazette, February 12, 2010, pg. A.8; Paul Cherry, "Victim wed in secret; Teenager killed in canal had been forced to end union," National Post, August 1, 2009, pg. A.1

  • 37 - "Honour Killings: Domestic Abuse by Another Name?" CBC News, July 24, 2009. Available at: http://www.cbc.ca/canada/story/2009/07/24/f-honour-killings.html; "The Murdered Bride," The Fifth Estate. Aired February 1, 2006. Available at: http://www.cbc.ca/fifth/murderedbride/timeline.html; "No Death Penalty for Jassi's Mother and Uncle," Asian Pacific Post, July 24, 2003.

  • 38 - Women Refugee Claimants Fearing Gender Related Persecution. Guideline of the Immigration and Refugee Protection Board. Available online at http://www.irb.gc.ca/eng/brdcom/references/pol/guidir/Pages/women.aspx

  • 39 - Matthew A. Goldstein, "The biological roots of heat-of-passion crimes and honour killings," Politics and the Life Sciences 21,2 (2002): 28-37.

  • 40 - James A. Brundage, Law, Sex and Christian Society in Medieval Europe, Chicago: University of Chicago Press, 1987, 55.

  • 41 - Ruggi, S., "Commodifying Honor in Female Sexuality: Honor Killings in Palestine". Middle East Research and Information Project. http://www.merip.org/mer/mer206/ruggi.htm. Retrieved 2008-02-08.

  • 42 - Gideon Kressel et al., "Sororicide/filliacide homicide for family honour," Current Anthropology 22, 2 (1981): 143.

  • 43 - Amnesty International. Pakistan: Violence against women in the name of honour, AI Index: ASA 33/17/99 (1999).

  • 44 - Ibid.

  • 45 - Supra, note 20.

  • 46 - Mika LaVaque-Manty, "Duelling for Equality: Masculine Honor and the Modern Politics of Dignity," Political Theory 34,6 (2006): 717.

  • 47 - Douglas W. Allen and Clyde G. Reed, "The Duel of Honour: Screening for Unobservable Social Capital," American Law and Economics Review 8, 1 (2006): 5; the offence of duelling is still in the Canadian Criminal Code (section 71).

  • 48 - Goldstein, 29.

  • 49 - Jane F. Gardner, Women in Roman law and society (Bloomington, IN: Indiana University Press, 1986).

  • 50 - William Blackstone, Commentaries on the Laws of England, 1765- 1769, Book Four, Public Wrongs, (Oxford, Clarendon Press, 1769, reprinted by Wildy & Sons Ltd., London, 1966): 181.

  • 51 - Goldstein, 29.

  • 52 - Abu-Odeh, 293 and 306.

  • 53 - Sharon K. Araji, "Crimes of Honour and Shame: Violence against Women in Western and Non-Western Societies," The Red Feather Journal of Postmodern Criminology (2000): 5. Available at: http://www.critcrim.org/redfeather/journal-pomocrim/vol-8-shaming/araji.html

  • 54 - Ibid.

  • 55 - Gardner, supra note 50.

  • 56 - http://www.economicexpert.com/a/Honour.htm

  • 57 - Women Living Under Muslim Laws, "Karo-Kari, TorTora, Siyahkari, Kala Kali: There is no honour in killing," National Seminar Report, November 2001. (Lahore, Pakistan: Arqam, 2003). Available from http://www.boell-pakistan.org/downloads/Karo_Kari_Tor_Tora.pdf/ Findings from the Shirkat Gah 'Women, Law and Status Programme' involving broad based and systematic research into honour crimes in Punjab, North Western Frontier Province and Sind.

  • 58 - Goldstein, 28-37.

  • 59 - "Saudi princess 'given UK asylum,'" BBC News, July 20, 2009. Available at: http://news.bbc.co.uk/2/hi/uk_news/8158576.stm.

  • 60 - Daniel, Kroslak, "Honor Killings and Cultural Defense (with a Special Focus on Germany)," (June 19, 2009). Míľniky Práva v Stredoeurópskom Priestore, 2009; Islamic Law and Law of the Muslim World Paper No. 09-71. Available at SSRN: http://ssrn.com/abstract=1422503

  • 61 - Goldstein, 28-37.

  • 62 - Carl Ratner, "A Cultural-Psychological Analysis of Emotions," Culture and Psychology 6 (2000): 5-39.

  • 63 - Dan Bilefsky, "How to Avoid Honor Killing in Turkey? Honor Suicide," New York Times, July 16, 2006. Available at: http://www.nytimes.com/2006/07/16/world/europe/16turkey.html.

  • 64 - Dr Syed Ehtisham, "Honor Killing: No 'crime of passion'," The South Asian,, October 07, 2004. Available at: http://www.thesouthasian.org/archives/2004/honor_killing_no_crime_of_pass.html; The Human Rights Commission of Pakistan reported that there were 3,276 victims of honour killings and Karo-Kari in Pakistan between 2004 and 2009: Human Rights Commission of Pakistan, Current stats. Available at: http://www.hrcp-web.org/currentstat.html

  • 65 - Patel and Gadit, 683-694.

  • 66 - Ibid.

  • 67 - Ibid.

  • 68 - Ibid.

  • 69 - Ibid.

  • 70 - Goldstein, 28-37.

  • 71 - In Pakistan, "Karo-Kari" is a compound word which means a 'black male' and 'black female', respectively. These are metaphoric terms for those who engage in illicit pre-marital or extra-marital relations. A Karo-Kari act is initiated when a female is labeled as a Kari, because of the perceived dishonour that she had brought to the family by being in an illicit relationship with a man who is subsequently labeled as a Karo. Once labeled as a Kari, male family members have justification to kill her and the co-accused Karo, to restore the honour of their family. It is less common, however, for men to be killed in relation to these crimes of honour, as they tend to have access to economic resources allowing them to flee or buy a pardon from the dishonoured family, in lieu of being killed.

  • 72 - The term "sati" refers to the funeral practice among some Hindu communities in which the widow would immolate herself on her husband's funeral pyre, voluntarily or in some cases involuntarily. The practice is now outlawed.

  • 73 - Amin A. Muhammad Gadit, and Sujay Patel, "Karo-Kari: disturbed psyche or wild ego?" Journal of Pakistan Medical Association 57, 3 (2007): 112-113.

  • 74 - Quinton Deeley et al., "Facial emotion processing in criminal psychopathy. Preliminary functional magnetic resonance imaging study," British Journal of Psychiatry 189 (December 2006): 533-539.

  • 75 - Ronald A. Carson and Mark A. Rothstein, Behavioral Genetics: The Clash of Culture and Biology, (Baltimore: Johns Hopkins University Press, 1999): 224-32.

  • 76 - Andreas Reif and Klaus-Peter Lesch, "Toward a molecular architecture of personality," Behavioural Brain Research 139, 1-2 (2003): 1-20.

  • 77 - J. Evans et al., "Impulsiveness, serotonin genes and repetition of deliberate self harm (DSH)," Psychological Medicine 30, 6 (2000): 1327-34.

  • 78 - Individuals who have an extra Y chromosome, beyond the usual XX (for females) and XY (for males).

  • 79 - Seena Fazel and Martin Grann, "Psychiatric morbidity among homicide offenders: a Swedish population study." The American Journal of Psychiatry, 161(11) (2004): 2129-31.

  • 80 - Kent A. Kiehl et al., "Temporal lobe abnormalities in semantic processing by criminal psychopaths as revealed by functional magnetic resonance imaging." Psych Research 130, 1 (2004): 27-42.

  • 81 - The term "latah" from Malaysia and Indonesia, is an example of a recognized culture-bound syndrome. See, for example, Ronald C. Simons and C.C. Hughes, The Culture-bound Syndromes: Folk Illnesses of Psychiatric and Anthropological Interest, (D. Reidel Publishing Co., 1985). This is a condition where people who have been repetitively startled by others become highly flustered, and may speak out of turn or obey commands. This condition is well-defined in Malaysian and Indonesian society.

  • 82 - Cultural practices in the family that are violent towards women, UN Commission on Human Rights, Report of the Special Rapporteur on violence against women, its causes and consequences, UN Doc. E/CN.4/2002/83 (2002). Available at: http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/42e7191fae543562c1256ba7004e963c/$FILE/G0210428.pdf; Amnesty International, Pakistan: Violence against women in the name of honour, AI Index: ASA 33/17/99 (1999).

  • 83 - U. Niaz, "Contemporary issues of Pakistani women: A psychosocial perspective," Journal of Pakistan Association of Women's Studies 6, 3 (1997): 29-50.

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