Physical assaults are just one component of domestic violence

By LegalMatters Staff • According to a national report, rural Saskatchewan, Manitoba and Alberta have the highest rates of intimate partner violence (IPV) against women in Canada.

The Statistical Profile of Intimate Partner Violence in Canada published by the House of Commons found there were 535 police-reported incidents of IPV in urban areas per 100,000 population in Alberta versus 1,245 per 100,000 in rural areas in 2020. By comparison, the national average was 461 incidents per 100,00 in urban areas and 985 per 100,000 in rural areas.

Intimate partner violence is one form of domestic violence, says Calgary criminal lawyer Matthew Deshaye.

He explains domestic violence includes physical, emotional and sexual abuse, as well as criminal harassment (stalking) and threats to harm children, other family members, pets and property.

Alberta is one of six provinces to enact specific legislation on family violence, with the Protection Against Family Violence Act passed in 2000, Deshaye says.

“In 1983, the Criminal Code was amended to ensure sexual offence laws were up to date,” he adds. “Among other things, these amendments ensured that a person could be charged with sexually assaulting their spouse.”

Deshaye says the changes also reversed the onus of proof for bail for an accused charged with a violent offence involving an intimate partner in cases where the accused had a prior conviction for violence against an intimate partner.

“This means that instead of the Crown needing to demonstrate why the accused should be held in custody while awaiting trial, the accused now must prove to the court why they should be released,” he explains.