Friday 8-Mar-2019 Time: 01:30 PM – 03:30 PM Room 2027, Osgoode Hall Law School, Ignat Kaneff Building
JENNIFER KOSHAN (CALGARY LAW) & JANET MOSHER (OSGOODE)
Domestic violence cases present unique access to justice issues, especially when litigants are required to navigate multiple legal systems. In Canada, parties affected by domestic violence may face legal issues encompassing numerous laws, including criminal, family, child protection, civil protection, housing, social assistance, immigration and refugee laws, each of which has its own legal processes.
This presentation will explore the extent to which law/policy makers and judges take account of the difficulties and dangers that may arise for these parties when laws and legal systems intersect. Our initial findings indicate that state actors often ignore these intersections or proceed on problematic assumptions about them; they fail to attend to the complexities presented by litigants’ identities, such as their Indigeneity and immigration status; and they tend to minimize the impact of domestic violence on women and children, thereby jeopardizing safety and impeding access to justice