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New legal path for IPV victims welcomed by Windsor advocate

CKTB - NEWS - Domestic Violence-1.13059128 Stressed young woman in the bedroom. (kieferpix/istock.com/kieferpix)

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The executive director of Hiatus House in Windsor says a recent Supreme Court of Canada decision is a positive step, but more support for victims of intimate partner violence is still needed.

Last week, Canada’s highest court ruled 6-3 in favour of creating a new “tort of intimate partner violence.”

A tort is a legal term for a civil claim that allows a person to ask for damages because someone else caused them harm.

Judges say existing laws like assault or emotional distress don’t fully account for the harm caused by controlling or abusive relationships.

That includes not just physical violence, but also behaviour meant to isolate, intimidate, or control a partner over time.

Sylvie Guenther, executive director for Hiatus House says the decision highlights a long-standing gap.

“To identify intimate partner violence as requiring, you know, civil remedy, in the fact that if a woman leaves a violent relationship, she can actually sue for damages is important. It begins to recognize that there are long term impacts to her,” Guenther said.

She said many victims feel trapped over time and the decision could help them rebuild.

“I’ve seen situations where women came into a relationship owning a home and with a job, and came out of the relationship with the home in his ownership and with so much control around her that she’s not working,” said Guenther.

“So this I think is important in that she has some ability to get some of what might have been hers in the first place.”

Guenther said the reality on the ground in Windsor-Essex shows how widespread the issue is.

“We know that over 30 per cent of our calls are related to IPV,” she said.

“We have a 44 bed shelter that is often sitting full. Even in the month of February we were at 55 people. So the ability for women on the other side of the relationship to be able to sue for damages is really important, but, while she’s experiencing the violence, we have to have the resources we need to keep her safe.”

Guenther said more housing supports are still needed beyond legal changes.

“Hiatus House is working on acquiring 40 [unit] apartment building that will allow us to house women for up to two years,” she said.

“That will be a huge step in getting people to have the time and space that they need to really get out of the relationship and begin to build that new life.”

Advocates, survivors and experts have long been urging the Ford government to officially declare intimate partner violence an epidemic in Ontario.

Guenther said a formal declaration would add urgency and help recognize it as a serious, ongoing crisis.

Supports available

Trained staff are available 24 hours a day, 7 days a week to provide crisis support, safety planning and referrals to women and anyone impacted by domestic violence.

To access this free and confidential service immediately over-the phone, call 519-252-7781, or drop-in at Hiatus House Emergency Shelter in-person at 250 Louis Avenue, Windsor.