Family Violence Initiative Evaluation, Final Report

3. KEY FINDINGS

This chapter presents the findings of the literature review, document review, key informant interviews, and case studies.

3.1. Relevance

The evaluation questions related to relevance focus on the need for the Justice FVI, its role within the federal FVI, and the extent to which they are consistent with departmental and federal government priorities, roles and responsibilities.

3.1.1. Need for the Program

Family violence is prevalent in Canada, particularly in certain regions and communities.

In 2009, 6% of the Canadian adult population reported having experienced spousal violence, including both current and previous relationships, and 17% of Canadians reported having been victims of emotional and financial abuse.[2] Most incidents of spousal violence brought to the attention of police were reported by victims themselves. Although female victims were over three times more likely than male victims to state that they had reported the incident to police (23% versus 7%), the reasons for choosing to report were similar for both groups. Overall, the most common reason for reporting incidents of spousal violence to police was a desire to stop the violence and to receive protection (89%). Other reasons included a sense of duty (49%), wanting their partner arrested and punished (31%), and someone else recommending that they report the incident (16%). Of those victims who did report the victimization to the police, over six in ten stated that they were satisfied with the police response.[3] Also, in 2009, one in ten victims of spousal violence stated that they obtained a restraining or protective order against their abuser.

In 2008, there were 235,842 child maltreatment-related investigations conducted in Canada, which represented a rate of 39 per 1,000 children. The results of the investigations indicated that 84,903 children between 0 and 15 years were maltreated. In 2009, police reported almost 55,000 children and youth (0 to 17 years) were victims of physical assault or sexual offence, about 3 in 10 of which were perpetrated by a family member.[3]

In 2009, police reported over 2,400 senior victims (65 years and older) of violent crime committed by a family member, which represented about one-third of all violent incidents committed against older adults. Over the past ten years, police identified just over 1,500 homicides committed by family members, accounting for about one-third (35%) of all solved homicides. The rate of family-related homicides has ranged from 4 to 6 victims per million population over this period.[4]

In 2008, there were 593 shelters across Canada providing residential services to women and children escaping abuse.[4] In addition to housing, most shelters offered a wide range of other programs, including counseling, advocacy, housing referrals, child support, clothing and food. During the 12-month period between April 2009 and March 2010, 64,500 women were admitted to shelters across Canada. Almost one-third (31%) of these women had stayed at the shelter before, up from 25% in 2007-08.

According to the latest Transition Home Survey, emotional abuse (66%) and physical abuse (53%) were the most common reasons for women to seek shelter. Among those women in shelters, the majority (80%) reported that they had been abused by a current or former spouse or common-law partner.[5] Among abused women, most (67%) were looking for shelter from current partners, and most (60%) had not reported the abuse to police. Fifty-eight percent of shelters indicated the need for additional services, including child care, outreach services, public education and prevention programs, housing resources, and culturally sensitive services. In 2008, one shelter in five had to turn away women and children because their facility was full.[6]

Compared to other regions of Canada, Alberta (7.6%), Manitoba (7.4%) and Saskatchewan (7.4%) have the highest proportion of adult population reporting that they have experienced spousal violence over the last five years.[7] The rates of spousal violence in Newfoundland (4.1%), Quebec (5.3%), Nova Scotia (5.5%) and New Brunswick (5.5%) are relatively low.[8] Nunavut (53.4%), Northwest Territories (23.5%), Yukon (18.9%), Saskatchewan (10.5%) and Manitoba (10.5%) have the highest rates of family homicides.[9]

The prevalence of family violence within Aboriginal communities is much higher than the rates for Canada overall. In 2009, those who self-identified as an Aboriginal person were almost twice as likely as those who did not self-identify to report being the victim of spousal violence (10% versus 6%).[10] Aboriginal children are more likely to be maltreated. In 2008, 15% (or about 15,000 cases) of the total number of cases of substantiated maltreatment in Canada involved children of Aboriginal heritage, 10% involved children with First Nations status, 2% involved First Nations Non-Status children, 2% involved Métis children, and 1% involved Inuit children.[11] The Aboriginal population of Canada accounts for about 4% of the total population, according to the 2006 census.

The underreporting of victimization, particularly for domestic violence, is a serious concern in Canada.[12] A growing number of spousal violence victims are not reporting such incidents to police. In 2009, only 22% of spousal violence victims got the police involved, down from 28% in 2004. Victims of spousal violence continue to rely on informal sources of support (such as family and friends) more often than formal services or the police.[13] According to the latest Transition Home Survey, about 6 in 10 abused women residing at shelters had not reported the most recent incident to police.[14] Increased public awareness may encourage more family violence victims to approach formal services or the police.

Rates of underreporting are particularly high in Aboriginal communities, ranging from 40% to 75%. Factors that may contribute to this high rate include the “normalization of violence”, lack of services to access in order to report violent incidents, and a lack of culturally appropriate services.[15]

Findings from the literature review highlight the significant impact that family violence has on Canadian families, communities and society.

Family violence and bullying have devastating social, health and economic consequences for families, communities and society.[16] Family violence places a significant economic burden on the Canadian public. In 1995, a study of selected economic costs of three forms of violence (sexual assault, woman abuse in intimate partnerships, and incest or child sexual abuse) estimated that the annual costs of violence against women totaled $4.2 billion in the areas of social services, criminal justice, health care and medical services, and labour and employment.[17] The Justice FVI recently undertook a study, which is still ongoing, to estimate the current economic costs associated with family violence.

Research shows that children exposed to violence were 10 to 17 times more likely to have serious emotional and behavioural problems later in life compared to children who were raised in a non-violent home. Males who had experienced abuse as children are at high risk to repeat the cycle of violence with their family.[18] The 1999 General Social Survey indicated that approximately half a million children, representing 37% of all households with spousal violence, were reported to have heard or witnessed a parent being assaulted in the preceding five-year period. This figure rose to 47% for Aboriginal spousal abuse victims[19]. Studies show that acts of violence are often committed by individuals for whom violence has become normalized and expected, particularly domestic violence.[20],[21] Increasing awareness of different types of victims and their rights can help clarify that acts of violence are not a common or appropriate way to deal with life. Increased victim support and intervention services might help towards breaking the cycle of violence.

There is also increasing evidence indicating a strong relationship between violence and bullying, which represents an opportunity to better coordinate prevention and early intervention responses.[22] The incidence of bullying in Canada is high; amongst Canadian youth, 36% report being victims of bullying, 39% report being bullies, and 20% report being both bullies and victims.[23]

Research indicates that family violence remains a widespread social problem and continues to be an important justice issue. An annotated bibliography developed in 2009 provides much more detailed information on the impact and challenges associated with family violence than can be presented here.[24]

There is a strong perceived need for the Justice FVI. All key informants reported a strong continuing need for the types of activities supported under the Justice FVI. When asked to rate how much of a need there is for such activities, on a scale of 1 to 5 where 1 is no need at all, 3 is somewhat of a need, and 5 is a major need, federal partners provided an average rating of 5, provincial and territorial justice officials provided an average rating of 4.6, other stakeholders and Justice employees provided an average rating of 4.8. The key informants provided the following rationale regarding the need for the Justice FVI:

There are indications that the rates of family violence have declined somewhat in recent years.

The literature review highlights that progress is being made in addressing family violence, although the data cannot be directly linked to the activities of the Justice FVI. The percentage of Canadians who report having experienced spousal abuse has declined since 1999. However, the percentage has remained stable over the period covered by this evaluation. According to results of the Statistics Canada’s General Social Survey, 7.4% of Canadians reported experiencing physical or sexual spousal abuse in 1999. The percentage declined to 6.1% in 2004 and rose slightly to 6.2% in 2009. Overall, a similar proportion of males (6.0%) and females (6.4%) reported having experienced spousal violence in 2009. However, between 1999 and 2009, the spousal abuse rates against women had declined more compared to that of men. Self-reported spousal abuse against women declined from 8% in 1999 to 7% in 2004 and 6.4% in 2009. Self-reported spousal abuse against men declined from 7% in 1999 to 6% in 2004, and did not change in 2009.

In a majority of reported spousal abuse incidents, criminal charges were laid against offenders. Since 1986, directives and guidelines have been issued by Attorneys General and Solicitors General of all jurisdictions to ensure that police and Crown prosecutors treat spousal assaults as a criminal matter. Police policies generally require the laying of charges where there are reasonable and probable grounds to believe that an assault has taken place. Crown policies generally require the prosecution of spousal assault cases where there is sufficient evidence to support the prosecution, regardless of the victim’s wishes.[25] These charging and prosecution policies on spousal abuse remain in effect in all provinces and territories, and all jurisdictions continue to support a similar criminal justice system response, the primary objective of which is the criminalization of spousal abuse. A review of the literature demonstrates that, although rates of police-reported spousal violence have declined steadily over the last decade, rates of criminal charges laid by police have remained almost the same (76% in 2004 and 73% in 2007).

Rates of family and spousal homicide have declined in the period covered under this evaluation. Overall, Canada has experienced declining rates of homicide over the last decade. In 2004, 1.95 homicides per 100,000 population were committed in Canada. The rate increased to 2.05 in 2005 before declining to 1.86 in 2006 and 1.80 in 2007. That same year, of all solved homicides, about one-third of victims were killed by a family member and 16% by a spouse. In 2004, the rate of spousal homicide was approximately 0.44; by 2007, it had declined to 0.37.[26]

Police-reported rates of violence against children and youth under 18 have remained relatively stable over the most recent five-year period from 2004 to 2008. Nearly 53,400 children and youth were victims of a police-reported assault in 2007 and 25% of these incidents were perpetrated by a family member. In 2004, approximately 900 incidences of police-reported violence against children were reported per 100,000 Canadian population.[27] The rate was the same in 2008.

Even though certain rates of family violence have declined, the need for the Justice FVI may have actually increased because the issues have become more complex and more widely recognized.

Although recognizing the decline in incidence, all federal partners, 83% of other stakeholders, 75% of provincial and territorial justice officials, and 29% of Justice employees indicated that the need for the activities of the Justice FVI has increased over the last ten years. Those who did not note an increase generally indicated that the need has always been strong. According to most key informants, the increased need reflects a greater recognition of the impacts of family violence issues as well as greater diversity in the population, which has intensified the need for culturally appropriate responses to domestic violence.

The ability of immigrant and visible minority women to obtain relevant and appropriate help when they face partner violence can be constrained by various social, cultural, financial, linguistic, and legal and immigration concerns as well as by systemic barriers such as cultural stereotyping, racial discrimination and economic marginalization. Expanded and improved services may serve to increase access to such help.[28] The federal government does provide information to immigrants and refugees both prior to immigration and upon their arrival in Canada, emphasizing that there are laws in place to protect women from violence and abuse.[29]

Other factors which have contributed to the increasing need for the program include broader recognition of the different types of family violence (e.g., domestic abuse, bullying, elder abuse, etc.); improved understanding of the underlining causes of family violence; increasing awareness of and demand for services for victims of family violence; a growing proportion of older Canadians, which has contributed to the prevalence of issues related to elder abuse; and the impact of new technologies such as the Internet, which has given rise to issues such as online sexual exploitation of children by family members.

The departmental component of the FVI is consistent with national and international trends in family violence policies and legislation.

Over the past several decades, there has been a growing trend to tackle violence against women and children in the international arena. The United Nations has established several related initiatives such as UNiTE to End Violence against Women, which was launched in 2008 with the aim of preventing and eliminating violence against women and girls in all parts of the world; the UN Trust Fund in Support of Actions to Eliminate Violence against Women (UN Trust Fund), which was established in 1996 with the objective to support local and national efforts to end violence against women and girls; and the United Nations Development Fund for Women, which provides financial and technical assistance to innovative programs and strategies that promote women’s human rights, political participation and economic security worldwide. Since 1993, the Council of Europe has made combating violence against women one of its priorities[30]. Of the 195 internationally recognized countries in the world, 89 states currently have some legislative provisions that specifically address domestic violence, and 60 states have specific domestic violence laws.[31]

3.1.2. Alignment with Federal Government Priorities, Roles and Responsibilities

The mandate of Justice with respect to family violence, namely to improve the responsiveness of the justice system to family violence and to strengthen the criminal justice legal framework, is aligned with federal government roles and responsibilities.

The Government of Canada has the constitutional authority to make laws in relation to criminal law and procedure which apply to all Canadians. Provincial governments are responsible for the administration of civil and criminal justice including policing and prosecuting most Criminal Code offences. In the territories, the Public Prosecution Service of Canada (PPSC) is responsible for prosecuting Criminal Code offences. Although the Criminal Code does not refer to specific family violence offences, most forms of family violence are considered to be crimes in Canada. The Criminal Code provides a broad range of measures that are applicable to cases involving family violence. These include provisions prohibiting:

With respect to family violence, the mandate encompasses the two specific areas of responsibility outlined in the overall mandate of Justice.[32] Under the first area, Ensuring that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice, the responsibility with respect to family violence includes working with provincial and territorial governments to improve the ways in which the criminal justice system responds to cases of family violence. Under the second area, Promoting respect for rights and freedoms, the law and the Constitution, the responsibility includes strengthening the criminal justice legal framework by reinforcing existing policies and legislation and creating new policies or laws for dealing with family violence. These efforts must reflect the needs and realities of victims of family violence. They must also be consistent with the Canadian Charter of Rights and Freedoms.

The Justice FVI is consistent with federal government priorities.

The objectives of the Justice FVI are consistent with the 2010 Speech from the Throne, which noted that the government will “ensure that Canada remains the best place in the world to raise a family” by introducing a number of measures including “strengthening justice system and the rule of law, and ensuring the safety and security of our neighbourhoods and communities.”[33] Based on interview results, the Justice FVI contributes to strengthening the justice system by enhancing coordination/cooperation and conducting law reforms.

The objectives of the Justice FVI are also consistent with the 2011 Speech from the Throne, which stated that “our Government will continue to protect the most vulnerable in society and work to prevent crime. It will propose tougher sentences for those who abuse seniors and will help at-risk youth avoid gangs and criminal activity. It will address the problem of violence against women and girls”[34]. The Justice FVI activities and funded projects address violence against women and girls, elder abuse, and other family violence issues.

All Justice employees and federal partners who expressed an opinion (a few chose not to provide an opinion because they were not very familiar with federal government priorities) indicated that the objectives of the Justice FVI are consistent with the priorities of the Government of Canada.

The objectives of the Justice FVI are consistent with the Government of Canada’s commitment under the UN General Assembly Declaration on the Elimination of Violence against Women[35] and Commission on Human Rights resolution 2003/45 on Elimination of Violence Against Women.[36]

Key informants perceive a legitimate and necessary role for the federal government in addressing justice issues related to family violence.

All federal partners, 88% of Justice employees, 83% of provincial and territorial justice officials, and 80% of other stakeholders indicated that the activities funded under the Justice FVI are consistent with what they see as the roles and responsibilities of the federal government with respect to addressing family violence. Key informants see a strong role for the federal government in ensuring that family violence issues have a high profile at the federal level, raising public awareness, and providing coordination, collaboration and information sharing across jurisdictions.

The Justice FVI is consistent with the strategic outcomes of the Department.

The FVI objectives are consistent with the strategic outcome, “a fair, relevant and accessible justice system that reflects Canadian values.” This strategic outcome emphasizes working towards a sustainable national justice system and criminal law reforms to respond to emerging issues; improving compliance by parents with the terms and conditions of family support, custody and access obligations; and ensuring equitable access to the justice system.[37] The activities of the FVI contribute to this strategic outcome by supporting implementation legislative reforms; enhancing coordination and partnership which strengthens the justice system; and supporting information dissemination, knowledge and awareness projects which increase equitable access to the justice system.

Justice is a relevant partner in the federal government-wide FVI.

The primary role of Justice within the federal government-wide FVI is “contributing to the improved responsiveness of the justice system to family violence”. In carrying out this role, the Justice FVI focuses primarily on events that occur after the domestic violence incident (i.e., on the subsequent legal, police and court response). Given this perspective, the public legal education material and information focuses on describing how family violence is criminalized in Canada, identifying and explaining police and prosecution policies and procedures, and promoting the safety and security of the victim with a view to maintaining confidence in the administration of justice. Similarly, the professional awareness aspect has been directed primarily to justice system personnel.

All federal partners and Justice employees indicated that Department continues to be a relevant partner in the federal government-wide FVI. The Justice FVI contributes to the federal commitment by increasing public and professional awareness, improving the ability of the criminal justice system to respond to family violence, developing and implementing policy and legislation, and supporting data collection, research and evaluation efforts to identify effective interventions. Federal partners indicated that the Department plays an integral role in the success of the federal government-wide FVI as a subject matter expert in the areas of criminal and family law as well as a facilitator of public and legal education.

3.2. Implementation

Activities of the Justice FVI have been implemented largely as planned. The results of the document review and interviews with Justice employees demonstrate that the activities of the Justice FVI have been implemented largely as intended, producing the types of outputs envisioned under each component. No major course corrections were reported by Justice employees or identified in the document review. However, departmental staff reported that the relative focus on various types of family violence and the approaches taken have evolved somewhat over time.

The original focus on spousal abuse has been broadened to include other types of family violence such as sexual exploitation of children and other forms of domestic child abuse, criminal harassment, and elder abuse. Furthermore, research and consultation with stakeholders have helped in refining particular strategic directions and approaches. For example, there is a major focus at present on the intersection between the criminal law and family law responses to make the overall justice system more effective and expedient.

However, the evolving scope of the federal FVI has had an impact on the clarity of the federal role among program representatives and a few stakeholders. They indicated that there is confusion amongst some stakeholder groups regarding the role of the federal government relative to the provincial and territorial governments in the area of family violence. It was also noted that the apparent scope of the mandate has broadened somewhat to include a greater focus on family law than existed in the past.

The governance structure is appropriate. The governance structure, roles and responsibilities are appropriate, well understood and implemented as intended. The Justice FVI is coordinated with other related activities within the Department through joint participation in particular FVI activities as well as through the Justice FVI Working Group. This committee, which meets three times per year to share information, includes members from the various departmental units contributing to the FVI. The Justice Initiative is coordinated with other components of the overall federal government FVI through participation in the FVI Interdepartmental Working Group and various sub-committees.

The results of the evaluation suggest that these mechanisms have been successful in creating an appropriate level of awareness of each other’s activities. For example, when asked to rate their familiarity with the Justice FVI using a scale 1 to 5, where 1 is not at all familiar, 3 is somewhat familiar, and 5 is very familiar, federal partners provided an average rating of 3.3. They tended to be most familiar with the PLEI activities (100%) conducted by the Justice FVI as well as legal policy development/reform activities (67%), policy research and strategic coordination activities (67%), and funding of pilot projects (67%).

Strategic coordination and partnership are crucial success factors for the FVI. The Justice FVI has been successful in developing strong relationships within the Department as well as with other federal government departments, provincial and territorial governments, NGOs, academic researchers and other subject matter experts active in the field. While working with a diverse group of partners and stakeholders, the Department has focused on common areas of interest in order to build consensus, secure commitment/buy-in, and advance a collective agenda.

There is a need to update the FVI PMS. There have been difficulties in implementing the PMS. Performance measurement data could provide important input into decisions that would improve the efficiency of the program over time. However, the modest budget and the nature of most FVI activities make it difficult to collect performance data on the impacts of the implemented activities. As described in Chapter 2, the majority of the performance measurement data collected under the Justice FVI focuses on activities implemented and outputs generated. Impacts resulting from the policy and law reform work as well as policy research, and strategic coordination activities under the Initiative have proven difficult to assess. Providing legal advice does not necessarily result in easily quantifiable outputs or immediate impacts. In preparation for this evaluation, the FVI logic model and evaluation strategy were updated in 2010 to reflect the TBS Policy on Evaluation. Thus, the 2004 version of the PMS does not reflect the most recent changes, most particularly in terms of some of the outcomes and strategic activity areas.