Lavoie Inquiry Committee Implementation Final Report

Lavoie Inquiry
Implementation
Committee
Final Report
E. Jane Ursel, Chair
Marlene Bertrand
Ron Perozzo
November,
I 998
Table of Contents
Page No.
Introduction
1
Acknowledgements
2
Working Group Participants
3
Working Group Participants (cont'd)
4
Background
5
Process "Participatory Policy Making"
5
Working Groups
6
Family Violence Court Working Group Report
7
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
18
19
20
21
22
23
24
25
26
27
28
29
7
7
7
8
8
9
9
.....9
10
10
11
11
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
30
31
32
33
34
35
36
37
12
12
12
13
13
14
14
14
Women's Advocacy Program Working Group Report
Recommendation 38
Recommendation 39
Recommendation 40
Recommendation 41
Recommendation 42
Recommendation 43
Recommendation 44
Recommendation 45
Recommendation 46
15
15
16
16
17
17
18
18
18
19
Community & Youth Corrections Working Group Report
20
Recommendation 47
Recommendation 48
Recommendation 49
Recommendation 50
Recommendation 51
20
20
21
22
23
Recommendation 52
Recommendation 53
Recommendation 54
Recommendation 55
Recommendation 56
Recommendation 57
Recommendation 58
Recommendation 59
23
24
25
25
26
27
27
28
Legislative Advisory Working Group Report
Recommendation 60
Recommendation 61
Recommendation 62
Recommendation 63
Recommendation 64
Recommendation 65
Recommendation 66
Recommendation 67
Recommendation 68
Recommendation 69
Prohibition Information System Working Group Report
Recommendation
Recommendation
Recommendation
Recommendation
11
12
64
65
Gaps In Services Working Group Report
Recommendation 70
Couples Counselling Working Group Report
Recommendation 72
Recommendation 74
Domestic Violence Offenders Working Group Report
Recommendation 71
Recommendation 73
Visitation Access Service Working Group Report
29
29
31
31
32
32
32
32
32
32
33
34
34
34
...34
34
35
35
36
36
36
37
37
37
38
Recommendation 75
38
Training Working Group Report
39
Recommendation
Recommendation
Recommendation
Recommendation
78
79
84
85
39
39
39
40
Public Awareness Working Group Report
Recommendation 82
Recommendation 83
Inter-departmental Coordination Working Group Report
Recommendation 90
Additional Recommendations
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
Recommendation
17
76
77
86
87
88
89
Recommendation 91
41
41
41
42
42
43
43
43
44
44
44
44
44
45
Liaison with Collateral Institutions
46
Appendix "A"
47
Appendix "B"....
48
LAVOIE INQUIRY IMPLEMENTATION
COMMITTEE REPORT
Introduction
All Manitobans make our province's history and contribute to the fabric of our society
through their work, their role raising new generations of citizens and as citizens
themselves who vote and volunteer and shape the destiny of their community.
However, from time to time individuals are called upon to make special contributions, to
play a special role because of their knowledge, experience and location and because of
the particular needs that emerge in their community.
In the last decade Manitobans have been "making history" in Canada through their work
to prevent, confront and ameliorate the terrible reality of family violence. Manitoba was
the first province to introduce a specialized Family Violence Court and specialized units
in Corrections to provide treatment to offenders. Despite the above and many other
significant innovations over the last decade, the tragic deaths of Rhonda and Roy
Lavoie and the resulting inquiry has impressed upon us of how much work still remains
to be done.
The inquiry report has emphasized the necessity for broadening community
involvement, building collaborative relations between service agencies and government
programs and continuing work on program innovation. In the context of our province's
work to improve services for individuals and families at risk and create a safer
community, particular individuals have been called upon to play a special role in the
struggle against family violence.
The Implementation Committee would like to begin by acknowledging the contributions
of these individuals.
Working Group Participants
Adams, Inspector Bill
Duncan, Keith
Aiello, Marie
Allan, Staff Sergeant Ken
Dunphy, Corporal Hal
Dupont, Joy
Anderson, Debbie
Emerson, Rita
Aviles, Martha
Finlayson, Rob
Bairstow, Diane
Fisher, Barbara
Ball, Barb
Fisher, Sergeant Carol
Bamsley, Sue
Friesen, Bemice
Barton, Carol
Gaboriseau, Diane
Bawden, Geoff
Gagne-Ouellette, Murielle
Becauge, Louanne
Beiner, Inspector Ken
Bergen, Elaine
Bergman, Jake
Gardner, Laureen
Bisharat, Suhad
Gobeil Anita
Goulet, Louis
Gray, Maxine
Grieger, Waltraud
Guertin-Riley, The Honourable
Bostrom, Harvey
Boyes, Jean
Branscombe, Corporal Fred
Guiang, Virginia
Bruce, Lucille
Hall, Ron
Bryant, Bonnie
Burrows, Karen
Hamm-Wiebe, Marcia
Harvey, Dale
Busby, Karen
Harvey, Theresa
Caird, Bettie
Hassanack, Sandra
Carriero, Donna
Heibert-Murphy, Diane
Helgason, April
Hill, Dorothy
Chamberlain, Bob
Chelack, Colette
Clarke, Carole
Madame Justice S.
Hiscock, Carole
Clements, Spencer
Hordal, Cheryl
Clifford, Gil
Crook, B.J.
Hudson, Ariene
Currie, Sergeant Paul
Danco, Sandra
Danyiyshyn, Norma
Dawson, Mary
Dixon, Gloria
Kennedy, Deborah
Kenny, Marilyn
Kerr, Susan
Kerschtein, Richard
Kirkpatrick, Sheila
Krohn, Dorothy
Working Group Participants (cont'd)
Lautt, Melanie
Schnoor, Jeff
Lavallee, Jackie
Senger, Betty
Lemaistre, Janice
Sewell, Brenda
Lemoine, Denis
Sharman, Kim
Lovell, Ann
Shewchuk, Eileen
Mackenzie, Sergeant William
Malenfant, Louise
Sigurdson, Janet
Simon, Philip
Simpson, Marjorie
Skinner, Kerry
Marin, Margaret
Smith, Constable Andrew
Martin, John
Spence, Kim
Spender, Bob
Spyropoulos, Yvonne
Stannard, Lynn
Stevens, Cindy
MacPhail, Joan
Malaviya, Rekha
McCaskill, Inspector Keith
McCorrister, Lesley
McCullough, Cam
McDonald, George
McDonald, Marg
Stoneman, Brad
McGifford, Lisa
Sutherland, Darlene
McNaughton, Marcia
McTavish, Wendy
Miles-Tapping, Carol
Sutherland, Patti
Tegg, Julie
Tessier, Kathy
Miracle, Virginia
Tetlock, Chris
Thompson, Murray
Moar, Yvonne
Thomson, Marcia
Owen, Heather
Traill, Sergeant Darryl
Owens, Tim
Perrault, Sharon
Wall, Tim
Milne, Eleanor
Peterman, Sue
Wesley, Sergeant Ed
Wilcox, Corporal Karen
Philips, Tammy
Wilcox, Jim
Pritchard, Dawna
Rice-Lampert, David
Rose, Wayne
Wilcox, Linda
Wilson, Lia
Wood, Ellen
Sandell, Inspector Gary
Sangster, Wyman
Wurster, Staff Sergeant Ron
Yurkowski, Kathy
Background
On September 19, 1997, the Manitoba Government appointed a three person
Implementation Committee to respond to the recommendations resulting from the
Commission of Inquiry into the deaths of Rhonda Lavoie and Roy Lavoie. The report of
the Commission of Inquiry, (The Schulman Report) submitted by the Honourable Justice
Mr. Perry Schulman contains 91 recommendations. Of these recommendations 73 are
directed to the provincial government. The Implementation Committee is mandated to
address these 73 recommendations (see appendix A - Mandate).
Of the remaining 18 recommendations 16 are directed to the Winnipeg Police
Department (#'s 1-16) and one is directed to the Faculty of Law at the University of
Manitoba, (#80) and one is directed to the Law Society of Manitoba, (#81).
Responsibility for the implementation of these recommendations resides with the above
named institutions and fall outside of the mandate of the Implementation Committee. In
conjunction the RCMP, Winnipeg and Brandon police, the Implementation Committee
created an additional working group to address recommendations #11,12, 64 and 65.
The following is the final report of the Implementation Committee. The majority of the
recommendations to the provincial government have been implemented or are in the
process of being implemented. In those rare instances where the working group did not
advise implementation of a recommendation, the group outlined an alternative means to
achieve the intent of the recommendation.
Process "Participatory Policy Making"
"But on the way to their deaths, Rhonda and Roy Lavoie and their
difficulties touched a widening circle of people and institutions - friends,
family, police officers, lawyers, the justice system, social assistance and
community and service organizations." (Schulman Report p. i)
There is an important and instructive theme within the Schulman Report which identifies
domestic violence as "endemic in our society". This theme, as read by the Committee,
is a call for "democratizing responsibility", i.e. the community as a whole has a myriad of
roles to play in naming, confronting and ameliorating domestic violence.
The Committee strongly felt that the process of implementation should be a part of the
solution, that the process of implementation reflect the call for democratizing
responsibility by engaging the community in the process of change. Thus the
Committee has involved 135 community members from many different walks of life and
locations throughout our province to participate on implementation working groups (for
selection criteria see Appendix B). This unique process of "PARTICIPATORY POLICY
MAKING" balanced the call for action with the need for consultation to provide timely
and thoughtful implementation of the recommendations.
Working Groups
Fourteen working groups were formed around clusters of recommendations contained
in the Schulman Report. Among the 135 individuals participating in working groups 92
were community representatives and 43 were staff within government. Among the 92
community members 36 were from communities outside of Winnipeg. Working groups
took place in Winnipeg, Brandon and Thompson.
Community members represented a broad range of interest groups, including service
consumers and representatives from the aboriginal, multicultural, elder and disabled
communities, municipal police and the RCMP.
All provinciaily funded shelters in
Manitoba had members on the working groups. In addition, members from 4 second
stage services, 4 women's resource centres and representatives from crisis offices and
urban programs sat on working groups.
Working Groups
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Family Violence Court Working Group - recommendations #18 - 37
Women's Advocacy Working Group - recommendations #38 - 46
Corrections Working Group - recommendations #47 - 59
Legislative Advisory Group - recommendations #60 - 69
The Prohibitions Working Group - recommendations #11 -12,64,65
Gaps in Services Working Group - recommendation #70
Offenders Services Working Group - recommendations #71 & 73
Couples Counselling Working Group - recommendations #72 & 74
Winnipeg Visitation/Access Service Working Group - recommendation #75
Brandon Visitation/Access Service Working Group - recommendation #75
Thompson Visitation/Access Service Working Group - recommendation #75
12.
13.
14.
Training Working Group - recommendations #78,79,84,85
Public Awareness Working Group - recommendations #82 & 83
Inter-departmental Working Group - recommendation #90
6
Family Violence Court Working Group Report
This Working Group consisted of ten members, six from community agencies, three
government staff and the Chairperson of the Implementation Committee. The six
community members represented two women's shelters, a women's resource centre, an
agency for First Nations women, an advocate from the community of people with
disabilities and a service consumer. Three of our community members came from
locations outside of Winnipeg (one Northern and two rural representatives).
government staff represented the Crown Attorney's Family Violence Unit.
The
Recommendation 18 - The Family Violence Court unit should include a court to
hear the applications for judicial interim release of offenders charged with
domestic violence offences.
Action:
Family Violence Crown Attorneys are handling applications for bail
in cases of domestic violence in Winnipeg.
Timeline:
•
September 21,1998 - Implemented.
Recommendation 19 - The Provincial Court judges who hear cases where
domestic violence could be an issue should attend seminars and conferences
related to or associated with domestic violence.
Action:
The Implementation Committee has been advised that the next
Provincial Court Judges' educational seminar will be devoted to
domestic violence issues. Judges are also encouraged to attend
other relevant seminars and conferences and funds have been
made available to facilitate their attendance.
Timeline:
•
December 3 & 4,1998 - Seminar scheduled.
Recommendation 20 - The Government of Manitoba should provide funding so
that Provincial Court judges can attend those seminars and conferences.
Action:
The annual judicial training budget has been increased by $15,000
to facilitate greater training in the area of domestic violence.
Increased funds have also been made available to facilitate the
training of magistrates in the area of domestic violence.
Timeline:
•
September 1998 - Implemented.
7
Recommendation 21 - Crown Attorneys, particularly those in rural areas or who
do circuits in rural areas, should be trained in issues related to domestic
violence.
Action:
Domestic Violence related presentations will be made to the annual
Crown Attorneys Conference to be held in December of 1998. A
further session in April of 1999 will address the issues of
prosecuting domestic violence matters and involve communitybased groups in that presentation.
Timeline:
December 3 and 4, 1998 - Seminar 1 will be presented to the Crown Attorneys
Conference.
April, 1999 - Seminar 2 will be presented.
Recommendation 22 - Crown Attorneys should develop strategies to allow more
domestic violence cases to proceed to trial without the victim's participation or
co-operation.
Action:
The Prosecutions Division of Manitoba Justice has provided the
City of Winnipeg Police with five video cameras to be used in a pilot
project to video tape statements in cases of domestic assaults with
serious violence or where there is a history of violence between the
parties. The use of these statements will enhance the ability to
prosecute a case when the complainant becomes an unwilling
witness. The Crown Attorney Policy Handbook has also been
updated to include procedures for prosecution of cases involving
reluctant complainants.
Timeline:
•
Fall of 1998 - Pilot Project implemented.
•
July, 1998 - Crown Attorney Policy Handbook updated.
8
Recommendation 23 - When possible, risk assessment reports should be
completed before an offender's application for judicial interim release is heard or
before an offender is sentenced after conviction.
Action:
This item was referred to the Corrections Working Group as it is
identical to Recommendation 49. The Corrections Working Group
addressed this recommendation.
Recommendation 24 Offenders who breach a condition of their probation
should be prosecuted vigorously and receive harsher penalties if convicted.
Action:
Crown Attorneys in the Family Violence Unit have been instructed
to vigorously prosecute breaches of probation orders where
sufficient evidence exists to do so. Amendments to Criminal Code
concerning available penalties for breaching such orders have
strengthened the position of Crown Attorneys when they make
requests for longer sentences in cases of these breaches.
Timeline:
March, 1998 - Directive issued.
Recommendation 25 - Family Violence Crown Attorneys and Domestic Violence
Unit probation officers should meet regularly to discuss the prosecution of
breach of recognizance and related charges.
Action:
The Senior Crown Attorney of the Family Violence Unit and
representatives of Corrections have been meeting to discuss
matters
of
mutual
or
immediate
concern.
The
Director
of
Prosecutions and the Director of Community and Youth Corrections
are ensuring quarterly meetings of staff in their areas. Minutes of
these meetings are provided to both Directors.
Timeline:
Spring, 1998 - Implemented.
Recommendation 26 - Informations sworn by probation officers in domestic
violence cases should be identified in such a way as to ensure that offenders are
directed to the Family Violence Court for prosecution.
Action:
Informations sworn by Corrections staff now have appropriate file
identification to ensure that offenders are directed to the Family
Violence Court.
Timeline:
•
March, 1998 - Implemented.
Recommendation 27 - A system should be developed to ensure that Crown
Attorneys receive:
(a)
Copies of restraining orders, non-molestation orders, and peace
bonds currently outstanding or pronounced in the past five years
against the offender involving the current victim or other victims;
(b)
All affidavits and court orders filed in The Court of queens' Bench
Family Division in domestic proceedings between the offender and
the victim; and
(c)
Notification of whether Child and Family Services has been in
contact with the offender or the victim.
Action:
a)
Automation of the Prosecutions office provides Crown
Attorneys with access to a list of restraining orders, non-molestation
orders and peace bonds.
b)
Crown Attorneys in the Family Violence Court have access
to the Queen's Bench Registry which itemizes documents that have
been filed. The actual documents are not scanned into the file, but
can be obtained by support staff for review.
c)
Access to the internal records of Child and Family Services
has not been granted, based on privacy issues as they relate to
their clients. The Crown will make a motion, in the relevant cases
for disclosure of Child and FamilyServices files.
Timeline:
October, 1998 - Computerized access implemented.
10
Recommendation 28 - The Family Violence Court should develop a system to
ensure that:
(a)
Victims are notified immediately of all court orders made in
(b)
connection with the outstanding charges against the offender; and
Victims understand the terms of the orders.
Action:
The Family Violence Crown Attorneys Unit has initiated an
information line for victims of domestic violence. This line is a 1-800
number that can provide information on judicial interim release,
status of a case and information that can link with the Women's
Advocacy Program. This telephone line will soon be expanded to
include inquiries from victims of domestic violence about the Victim
Impact Statement Program.
Timeline:
April, 1998 - Implemented.
Recommendation 29 - The Family Violence Court should prepare a pamphlet or
video explaining the terms and conditions typically included in orders made in
domestic violence cases.
It should ensure that victims are aware of and have
access to the pamphlet or video.
Action:
The development of a pamphlet or video explaining terms and
conditions typically included in orders made in domestic violence
cases has been delayed pending completion of the Regulations
under The Domestic Violence and Stalking Prevention, Protection
and Compensation Act. However, the Working Group agreed on
the composition of the Advisory Committee to produce materials.
The Committee will be made up of representatives from Community
Service Agencies, the Crown Attorney's Office, Women's Advocacy
Program and Family Dispute Services.
Timeline:
Following completion of Regulations under The Domestic Violence and Stalking
Prevention, Protection and Compensation Act the committee will meet
11
Recommendation 30 - The Family Violence Court should operate an information
line to advise victims of domestic violence whether offenders' applications for
judicial interim release have been granted.
Action:
The Family Violence Crown Attorneys Unit has begun operation of
a telephone information line to advise victims of domestic violence
of matters concerning the status of the court case including the
status of the accused's application for bail.
Timeline:
April, 1998 - Implemented.
Recommendation 31 - Crown Attorneys should initiate contact with victims as
soon as possible and, in any event, prior to the day of trial.
Action:
Earlier contact with victims will be addressed by a pre-court
screening process which incorporates the use of a Crown Attorney
and senior support staff person to contact and interview victims
prior to the first appearance in the docket court.
Timeline:
November, 1998 - Pre-court screening, victim contact and interviews will begin.
Recommendation 32 - Crown Attorneys should be required to prepare a detailed
memo:
(a)
(b)
In cases where charges are stayed; and
In cases where a plea bargain is reached.
A copy of the memorandum should be provided to the Winnipeg Police Service or
applicable law enforcement agency.
Action:
Crown Attorneys note the reason for a stay of proceedings or plea
bargain on the prosecution file. On request of the policing agency,
the Crown Attorneys will provide information as to the rationale of
the plea bargain or stay of proceedings.
Timeline:
Spring, 1998 - Implemented.
12
Recommendation 33 - Whenever possible, Crown Attorneys should avoid staying
charges involving criminal harassment or stalking behaviour.
Action:
A directive from the Director of Prosecutions has been issued
confirming the importance of proceeding with charges involving
criminal harassment or stalking behavior. Current statistics reveal a
70% conviction rate for such charges in the Family Violence Court.
Timeline:
March, 1998 - The directive was issued.
Recommendation 34 - When they oppose judicial interim release or make a
submission on sentencing, Crown Attorneys should provide Courts with current
thinking of leading authorities or call expert evidence concerning the magnitude
of domestic violence in Canada, battering theories and the emotional and
physical harm domestic violence causes victims.
Action:
Research and Education for Solutions to Violence and Abuse
(RESOLVE) (formerly The University of Manitoba-Research Centre
on Family Violence) is currently in the process of providing leading
studies in the area of domestic violence issues as they may impact
on bail. A prosecutor within the Family Violence Unit will then
review these studies and incorporate any related law within the
Manual. Once completed, the Manual will be provided to all Family
Violence Prosecutors and regional offices to assist in bail
application hearings and trials. The Manual will be updated on a
semi-annual basis.
Timeline:
Early 1999 - The Manual will be completed.
13
Recommendation 35 - Crown Attorneys from the domestic violence unit should:
(a)
Prosecute domestic violence cases in the Court of Queen's Bench;
(b)
Handle appeals to the Court of Queen's Bench and the Court of
Appeal in domestic violence cases; and
(c)
Prosecute breaches of civil restraining orders in domestic violence
cases.
Action:
The reorganization of the Prosecutions Branch will allow one
prosecutor to handle a case through the court system from
screening court to appeal.
Timeline:
•
•
Fall, 1998 - Phase one, bail, screening and trial court implemented.
Early, 1999 - Phase two, Court of Queen's Bench and Court of Appeal.
Recommendation 36 The Crown Policy should be updated and expanded to
include current and recommended practices followed in the prosecution of
domestic violence cases.
Action:
The Crown Policy has been updated to include current and
recommended practices followed in the prosecution of domestic
violence cases. The policy will be periodically amended to reflect
current case law and best practices.
Timeline:
March, 1998 - Policy updated.
Recommendation 37 - The Crown Attorneys' family violence unit should be
expanded to respond to the high volume of cases in the Family Violence Court
and the expanded responsibilities of family violence Crown Attorneys
recommended herein.
Action:
Staff in the Crown Attorneys Family Violence Unit has been
doubled from six prosecutors and two support staff, to eleven
prosecutors in Winnipeg, one prosecutor in Brandon, and four and
one-half support staff. All staff have been hired.
Timeline:
October, 1998 - All new staff in place.
14
Women's Advocacy Program Working Group Report
This Working Group consisted of eleven members, six from community agencies and
four government staff and the chairperson of the Implementation Committee. The
community members represented a women's shelter, a women's resource centre, a non
residential service agency and a service consumer, the Winnipeg police and the RCMP.
Two of the community members represented services outside of Winnipeg and one
member represented the First Nations community. The four government members
represented the Women's Advocacy Program, the crown attorney's family violence unit
and Justice Department victim service programs.
Recommendation 38 - The Women's Advocacy Program should assign priority to
cases of domestic violence based on its estimation of the riskjof further violence
and make more aggressive efforts to contact victims of domestic violence they
believe to be at greater risk.
Action:
a)
The Women's Advocacy worker in Winnipeg now attends
domestic violence bail court every morning to provide service to
women in high-risk situations.
b)
In Brandon, the counsellor currently telephones all women
victimized by domestic violence within two days of notification. This
service will commence in Winnipeg in January, 1999.
c)
A priority case flag will be added to the existing data base to
indicate situations considered high risk by counsellors.
d)
The police notification form is currently being revised in
consultation with Winnipeg Police. The new form will provide more
information to assess risk.
Timeline:
•
•
•
•
October, 1998 - Bail Court Support implemented.
August, 1998 - Telephone contact in Brandon.
January, 1999 - Telephone contact in Winnipeg.
January, 1999 - Revised police notification form to be in use.
15
Recommendation 39 - The Women's Advocacy Program should refine its intake
system to better track victims of domestic violence. In particular, the intake form
used by the Women's Advocacy Program should indicate
(a)
(b)
(c)
Action:
All of the dates when a domestic violence victim was referred
to the program;
The charges against the domestic violence offender in
connection with each referral; and
The date on which the program receives: a Victim Notification
Form from the Winnipeg Police Service or other law
enforcement agency; a copy of an offender's recognizance
from the Clerk of the Courts; and the notification from the
court unit that an offender is being held in custody pending an
application for judicial interim release.
Alterations to the Women's Advocacy computer program to allow
collection of the suggested data are underway.
Timeline:
December, 1998 - System alterations to be completed.
Recommendation 40 - A copy of the relevant Court Assistance Report (P-6)
should be provided to the Women's Advocacy Program along with the Victim
Notification Form.
Action:
Discussions with the Winnipeg Police Service are underway. The
Police report (P-6) is not always available immediately after the
incident. For alleged offenders in custody, the program expects to
receive the P-6 with the notification form.
For other alleged
offenders it will receive the P-6 when it is completed
Timeline:
•
•
January 1999 - P6 attached for "in custody cases'*.
Other cases, P6 to be forwarded as soon as possible.
16
Recommendation 41 - The Victim Notification Form should indicate the language
spoken by the victim, whether the victim is able to read, and whether the victim
has a telephone.
Action:
The Victim Notification Form now indicates the language spoken by
the victim, whether or not an interpreter is required, and the
telephone number. Given that the program will be initiating
telephone contact and the delicacy of determining literacy at the
time of an assault the Working Group has recommended against
including this as an item on the Victim Notification Form.
Timeline:
•
Implemented.
Recommendation 42 - The Women's Advocacy Program should offer a greater
variety of services to victims of domestic violence.
Action:
The Women's Advocacy Program is currently in the midst of adding
staff. Once the new staff have completed orientation and training
the program will review offering more varied services such as group
programming or community information sessions and review other
locations in Winnipeg that could be used to offer the program.
The Brandon staff attended Court in Waywayseecappo and she is
exploring service needs of victims with community leaders and
women's groups in Waywayseecappo. In The Pas, the staff has
been providing service to women from Moose Lake and
Pukatawagan when she attends court in The Pas. She is also
examining ways to improve service to victims in more remote
areas.
Timeline:
•
Early, 1999 - The Women's Advocacy Program will review offering more varied
services and offering services in other locations in Winnipeg.
17
Recommendation 43 - The Women's Advocacy Program should expand its hours
of operation.
Action:
Evening appointments are being offered in Winnipeg and Brandon,
one night per week. Additional evening office hours will be offered
where demand warrants.
Timeline:
•
September, 1998 - Implemented.
Recommendation 44 - The Women's Advocacy Program should:
(a)
Operate in more locations within the City of Winnipeg;
(b)
Operate in more rural communities.
Action:
The Program has expanded service in Brandon, The Pas, and
Thompson, by increasing existing staff to full time positions from
four day a week positions. Through reviewing domestic violence
charges it was decided to provide four day a week service in Selkirk
and a three day a week service in Dauphin. The Program is
currently reviewing the implications of offering service in other
locations in Winnipeg.
Timeline:
•
Implementation in progress.
Recommendation 45 - The Women's Advocacy Program should be utilized more
often by Crown Attorneys and Provincial Court Judges.
Action:
Referrals from Crown Attorneys occur regularly. Maintaining good
working relationships with the prosecutions is viewed as essential
in providing service to women.
Timeline:
•
Implemented.
18
Recommendation 46 - The Government of Manitoba should provide additional
resources for the Women's Advocacy Program.
Action:
Program staff has doubled. Nine new staff years were added to the
Women's Advocacy Program and the Child Witness Assistance
Program. Seven additional counsellors and two additional support
staff.
Timeline:
•
October, 1998 - Seven positions filled, others in progress.
19
Community & Youth Corrections Working Group Report
This Working Group consisted of eleven members, six from community agencies and
four government staff and the Chairperson of the Implementation Committee. The
community members represented four agencies outside of Winnipeg, including a
second stage program and two shelters. Within Winnipeg two non-residential programs
that provide services to offenders were included. Two of the seven community members
represented programs specific to First Nations communities. The four government staff
represented probation services, correctional services and multi-cultural programs.
Recommendation 47 - Corrections should be computerized internally.
Recommendation 48 - The Government of Manitoba should develop a
comprehensive computer system to provide Corrections with ready access to,
inter alia, police records, Crown files, court documents, and other information
necessary to properly equip probation officers to treat the domestic violence
offenders for whom they are responsible.
Action:
The Working Group supported the recommendation and recognized
that this would be a medium to long term project. They also
recognized that recommendations 47 & 48 would be dealt with
together as they were so closely related.
Work began in June of 1997 to develop an automated, provincewide Corrections Offender Management (COMS). COMS will
ensure timely, accurate and full exchange of information on
offenders between all the partners within Corrections. A secondary
goal is to build interfaces for exchange of information with the wider
justice community of police, prosecutions, courts and federal
corrections.
Staff will use about 533 (revised) desktops spread throughout each
correctional facility and Community Corrections offices. They will
be fully networked, and staff will use the COMS system in the daily
course of offender programming, monitoring and data gathering.
The system will offer the most current technology available to
manage offender information and is being built under contract with
local Manitoba software developers, Niche Technologies Inc.
The first module of COMS software will be ready for testing and
installation at the end of October 1998.
The module will be
followed by the inclusion of Community Corrections records in
November, December and in early 1999, the more comprehensive
20
module of "running records" case management, offender risk
assessment tools and other operational functions will be deployed.
Timeline:
•
October, 1998 - One thousand staff have completed basic training of either 1 or 2
days.
•
December 1,1998 - The first module of COMS software will be ready for testing and
installation-implementation.
•
December, 1998 - The installation of the entire network of computers in Corrections.
Recommendation 49 - In appropriate circumstances, Crown attorney or provincial
court judges should request that spousal abuse risk assessments be conducted
by Corrections officers before domestic violence offenders' applications for
judicial interim release are determined or as part of a pre-sentence report.
Action:
The Working Group recognized that the intent behind this
recommendation was to ensure that accused released on bail were
not high risk individuals who posed a real threat to the victim,
themselves or the family. Primary risk assessments are based on
interviews with the accused. The Working Group sought a number
of legal opinions on the system's ability to conduct such
assessments prior to a bail hearing. The legal opinions were not
encouraging-concerns about the rights of the accused were a real
impediment to primary risk assessments.
As a result of the Working Group's research and in keeping with the
intent of the recommendation the Working Group is recommending
an aggressive process of securing secondary risk assessments
prior to the bail hearing. Secondary risk assessments are
conducted by securing information about the incident and the
history of abuse from all available sources, other than the accused,
to discover and enumerate any of the possible known risk factors.
This would provide strong and comprehensive bail briefs.
21
Components of secondary risk assessments are:
1.
Computer access to all Court matters including outstanding
warrants, and all matters before the Provincial Court and
Court of Queens Bench.
2.
Computer access to PINS (Prohibition Information Registry
System)
3.
4.
More complete "risk" information from arresting officers.
Quick access to prior history with corrections staff, including
attendance & participation in treatment groups and breaches
of probation orders.
5.
Information from the Women's Advocacy program on victim's
fear and perception of risk.
Timeline:
•
October, 1998 - Computer access to all Court matters implemented.
•
October 1998 - Computer access to PINS implemented.
•
December, 1998 - Police form currently being revised.
•
December, 1998 - Fast-track information from corrections to be implemented.
•
September, 1998 - Women's Advocacy staff attend bail hearings.
Recommendation 50 - Corrections should establish intervention standards for
medium and high risk domestic violence offenders and ensure that probation
officers can comply with those standards.
Action:
Corrections has established supervision standards which
distinguishes levels of supervision offered to domestic violence
offenders classified as medium or high risk by the offender risk
assessment management system.
Timeline:
•
July, 1998 - The standards were implemented.
22
Recommendation 51 - Corrections should initiate a program which allows
provincial court judges to require that domestic violence offenders be supervised
by probation officers as a condition of their judicial interim release.
Action:
The
Working
Group
rejected
implementation
of this
recommendation. The main concern centred around the ability of
this type of program to ensure the safety and protection of the
victim. The Working Group felt it could create a false sense of
security in the victim. The only reliable 24 hour a day supervision
program is custody. The Working Group recommended that
resources be expended in two alternate directions. First, to
implement recommendation 49 to prepare stronger and more
comprehensive bail briefs to keep high risk offenders in custody.
Second, to expand the "Victim's First Cellular Program" to provide
victims with resources to call for help 24 hours a day if the accused
is out on bail.
Timeline:
•
1997 - Victim's First cellular program is implemented in Winnipeg.
•
October, 1998 - Victim's First cellular program expanded to The Pas.
•
September/October, 1998 - 3 of the 5 components of the secondary risk assessment
implemented. The remaining two components, Increased information from police
and corrections to be implemented Dec. 1998.
•
Early 1999 - Victim's First cellular program to be expanded to Thompson, Flin Flon,
Brandon and rural Manitoba later in the year.
Recommendation 52 - The number of probation officers assigned to the domestic
violence unit should be increased substantially.
Action:
The Working Group recognized that the number of domestic
violence offenders has increased throughout the province and
suggested that the positions be distributed around the province.
The group also acknowledged that the implementation of
recommendations 49, 50, 51 and 53 would require additional staff
resources.
In addition to allocating the six new positions,
Community & Youth Corrections reclassified an existing half-time
administrative support position to a Probation position and assigned
it to Central region. Corrections also transferred one position from
the Winnipeg Youth unit to the domestic violence unit in Winnipeg.
23
The allocation of these positions are as follows:
Thompson Region
Norman Region
Westman Region
Parkland Region
Eastman Region
Central (Portage)
1.0
1.0
1.0
0.5
0.5
0.5
Interlake
Domestic Violence Unit
0.5
2.5
Timeline:
November, 1998 - Recruitment to these positions will be finalized.
Recommendation 53 - Corrections should develop:
a)
a second-stage spousal abuse treatment program for offenders; and
b)
post-institutional and post-probation support for offenders either
alone or in conjunction with community-based agencies.
Action:
a)
The Working Group supported this recommendation.
Community &Youth Corrections will be seconding a staff this fall to
develop the second stage abuse programs for offenders. A SubCommittee on Domestic Violence will act as an advisoryto this staff
along with input from various agencies representative from the
Working Group. Development of this program will take 4-6 months.
There was recognition that the responsibility for second stage
program would have resource implications for Corrections.
b)
The Working Group advised that the development of post
institutional and post probation support for offenders requires close
working relationships between corrections and community based
agencies that are the source of post institutional and post probation
programming. The Working Group recommended identification of
contact people and clear lines of communication for Corrections
and Community liaison.
Timeline:
November, 1998 - Staff secondment to develop second stage treatment program.
October, 1998 - Governmentand Community Liaison for post institutional referrals.
24
Recommendation 54 - Corrections should:
a)
deliver programs to domestic violence offenders in-house whenever
possible;
b)
conduct regular evaluations of independent contractors who deliver
programs to domestic violence offenders.
Action:
a)
Corrections will continue to deliver the Partner Abuse Short
Term Intervention Program (PAST), wherever possible. However,
Corrections will use independent contractors when required.
b)
The Working Group supported this recommendation. A
committee comprised of Corrections staff and community agencies
will be established this fall.
The committee will be mandated to
develop an evaluation framework to assess the work of
independent contractors. The Working Group has suggested that
an independent evaluator participate in the evaluation of
contractors.
Timeline:
•
•
Corrections deliver PAST program - implemented.
November, 1998 - Committee to develop evaluation framework for independent
contractors.
Recommendation 55 - All probation orders related to domestic violence offences
should contain a condition requiring the offender to contact a specific probation
office within 48 hours of the order being made.
Action:
Community & Youth Corrections has established a 1-800 toll free
line which enables all offenders in the province to make contact,
free of charge, within the 48 hour period. The sentencing court
gives the offender written instructions in terms of calling the toll free
number within two working days.
Timeline:
Implemented.
25
Recommendation 56 - Corrections should evaluate the PAST program on a
comprehensive basis to determine the strengths and weaknesses of the program
and assess its long-term effect on offenders and victims.
Action:
An automated Corrections offenders management system (COMS)
is being implemented to collect all the necessary information on an
offender from admission to termination. One component of COMS
is dedicated to "Program Evaluation" and will gather evaluative data
on program attendance, completion rates, offender responsiveness
to programs and more. The PAST program has been selected as
the pilot for this Program Evaluation component of COMS. A
committee of treatment officers and researchers has been struck to
develop the template for the PAST program evaluation.
The Working Group also recommended that independent
evaluators be hired from time to time to conduct independent
evaluations, utilizing the material provided from COMS and other
sources
Timeline:
•
October, 1998 - COMS system first module implemented.
•
October, 1998 - Committee began work to develop the PAST program evaluation
template.
26
Recommendation 57 - Corrections should explore the use of electronic
monitoring and other new technology to enhance the safety of domestic violence
victims.
Action:
The Working Group encouraged Corrections to continue exploring
the possible use of electronic monitoring. However, in view of the
mixed and not particularly encouraging results of studies on
electronic monitoring the Working Group felt action on "other new
technology to enhance the safety of the victim" would be more
productive. They, therefore, recommend expansion of the Victim's
First Cellular Program.
Timeline:
Review of studies on electronic monitoring - ongoing.
Victim's First Cellular Program
- Winnipeg - implemented
- October, 1998 - The Pas - implemented
- Early, 1999-Thompson, Flin Ron, Brandon and rural Manitoba
Recommendation 58 - Domestic violence offenders should be prohibited from
using telephones while in custody at the Provincial Remand Centre except for the
purpose of communicating with their legal counsel.
Action:
Manitoba Corrections is implementing new technologies to control
and monitor inmate telephone communications in its correctional
institutions. The new technologies are designed to better protect
the public from harassing or threatening behaviours and to assist
Corrections officials in suppressing illegal activities such as drug
trafficking within the institutions.
Timeline:
April, 1998 - The Millennium telephone system was installed in Headingley
Correctional Institution, Manitoba Youth Centre and Winnipeg Remand Centre.
October, 1998 - Other correctional facilities have installed the Millennium telephone
system.
Early 1999 - Call monitoring technology will be installed in four correctional facilities.
27
Recommendation 59 - The Government of Manitoba should allocate additional
resources to Corrections.
Action:
The following additional resources have been allocated to
Corrections to date:
a)
b)
six (6) new staff positions to probation
an additional 344 new computers have been installed to
implement the Corrections Offender ManagementSystem
c)
new telephone technologies have been installed in all adult
provincial correctional facilities including the Winnipeg
Remand Centre.
Timeline:
•
November, 1998 - Six new staff positions in place.
•
October, 1998 - All staff computerized.
•
October, 1998 - New telephone technologies installed.
28
Legislative Advisory Working Group Report
The Legislative Advisory Working Group had 9 members, seven members from the
community, one government staff and the chairperson of the Implementation Committee
The community members represented the practising Bar, the Law School, shelters, non
residential services, the multi-cultural and aboriginal community and service consumers.
The Group provided advice to an internal Department of Justice Working Group that
prepared recommendations on both the Lavoie Report and the Law Reform
Commission Report on Stalking. The final Act presented to the Legislative Assembly
was prepared on directions from the Government.
Recommendation 60 - The Government of Manitoba should amend The Family
Maintenance Act:
(a)
By giving it a more neutral name such as The Family Relations Act or
The Family Rights Act;
Action:
This spring, the Legislature passed The Domestic Violence and
Stalking Prevention, Protection and Compensation Act establishing
a wide range of civil remedies for domestic violence and stalking
situations. Regulations for the Act are being developed.
Timeline:
•
June, 1998 - Legislation passed.
•
June, 1999-Proclamation scheduled.
(b)
By creating a new part titled "Preventive Justice" to deal with
applications by victims of domestic violence;
Action:
(c)
The protective relief provisions in the new Domestic Violence and
Stalking Prevention, Protection and Compensation Act now provide
for these applications.
By including a definition section in the new part giving an expansive
definition of who can apply for protective relief and in what
circumstances;
Action:
The Domestic Violence and Stalking Prevention, Protection and
Compensation Act significantly expands the categories of persons
who can apply for protective relief. Justices of the Peace and
Magistrates can grant protection orders once satisfied, on a
balance of probabilities, that domestic violence or stalking has
occurred and the subject believes it will continue.
29
Court of Queen's Bench prevention orders can be granted where
the court "determines the respondent has stalked the subject or
subjected him or her to domestic violence" and include "any terms
or conditions it considers appropriate to protect the subject or
remedy the domestic violence or stalking."
(d)
By substituting the phrase "no-contact no-communication" for the
phrase "molest, harass, or annoy";
Action:
(e)
The Domestic Violence and Stalking Prevention, Protection and
Compensation Act provides for "no contact, no communication"
orders as well as many other civil remedies.
By giving Court of Queen's Bench judges the power to grant victims
of domestic violence more comprehensive relief including:
(i)
(ii)
The assistance of a law enforcement officer to remove the
offender from the parties' residence;
The assistance of a law enforcement officer to remove
personal property of either the victim or the offender from the
parties' residence;
(Hi)
Requiring the offender to pay compensation for any monetary
(iv)
losses suffered by the victim as a result of domestic violence;
Granting either party temporary possession of personal
property;
(v)
Prohibiting the offender from disposing of or damaging
(vi)
property that the victim may have an interest in; and
Requiring the offender to post a bond to secure his
compliance with the order.
Action:
(f)
The Domestic Violence and Stalking Prevention, Protection and
Compensation Act implements these recommendations as well as
providing for many other remedies.
By providing that ex parte no-contact no-communication orders can
only be granted by designated magistrates if the victim has
established, on reasonable and probable grounds, that an order is
needed;
Action:
Evidence in support of applications for protection and prevention
orders must be given under oath. Designated Justices of the Peace
or Magistrates hearing applications for protection orders must be
satisfied "on a balance of probabilities" that stalking or domestic
violence has occurred and the subject believes it will continue.
30
(9)
By providing that ex parte no-contact no-communication orders
granted by designated magistrates automatically expire after six
months unless extended for a further six months;
Action:
The Working Group strongly advised against six month expiry
dates. The legislation reflects their position. Ex parte, "no contact,
no communication" orders will not automatically expire after six
months. Orders remain in effect until varied or set aside by the
Court. In its report on Stalking, the Manitoba Law Reform
Commission noted that an automatic expiration date in a protective
order could re-victimize the person claiming protective relief and
recommended that orders remain in effect until varied or set aside
by the Court.
(h)
By providing that all of the restraining orders and non-molestation
orders granted prior to the amendments remain valid.
Action:
The transitional provisions in The Domestic Violence and Stalking
Prevention, Protection and Compensation Act provide that nonmolestation orders and probation orders granted pursuant to The
Family Maintenance Act continue in effect when the new legislation
is proclaimed in force.
Recommendation 61 The new part of The Family Maintenance Act should
provide that ex parte no-contact no-communication orders are effective as soon
as they issue.
Action:
Section 17 of The Domestic Violence and Stalking Prevention,
Protection and Compensation Act provides protection and
prevention orders that are effective on pronouncement.
Recommendation 62 - The new part of The Family Maintenance Act should
provide that ex parte no-contact no-communication orders can be set aside by
designated magistrates at the request of the victim after the victim has received
independent advice from legal counsel, the Women's Advocacy Program or
another appropriate source.
Action:
The Domestic Violence and Stalking Prevention, Protection and
Compensation Act allows a Judge to adjourn an application to set
aside a protection order, or to vary a protection or prevention order,
"to allow the subject to obtain legal or other advice" where "the
31
Recommendation 63 - Ex parte no-contact no-communication orders should
include the offender's full name, gender, date of birth, social insurance number,
address, and physical description, where available.
Action:
This issue will be considered once Regulations to the new
legislation are completed.
Recommendation 64 - Ex parte no-contact no-communication orders should be
registered on CPIC as well as on PINS.
Recommendation 65 - Service of ex parte no-contact no-communication orders
should be recorded on CPIC as well as on PINS.
Action:
Recommendations 64 and 65 were referred to the Prohibitions
Information Systems Working Group.
Recommendation 66- Designated magistrates should receive training in the legal
principles they will be required to apply in determining whether victims of
domestic violence have established reasonable and probable grounds for an ex
parte no-contact no-communication order.
Recommendation 67- A policy manual should be developed for designated
magistrates, which provides examples of "reasonable and probable grounds".
Action:
Regulations under the new Act are currently being developed.
Once the Regulations are complete, extensive training of
Magistrates including written reference material will take place. In
addition, legal education programs will be provided for members of
the Bar and the service provider community. The Family Law
Branch has also been asked to make a presentation on the new
legislation to the Court of Queen's Bench.
Timeline:
•
Mid-June, 1999 - Written reference material will available.
Recommendation 68-
The new part of The Family Maintenance Act should
allow designated magistrates to reserve their decision as to whether an ex parte
no-contact no-communication order should be granted for 24 hours.
Action:
This recommendation will be addressed through proper training of
Magistrates and access to legal advice.
32
Recommendation 69 - Victims of domestic violence who apply for emergency nocontact no-communication orders from designated magistrates should be given
an information sheet which:
(a)
Advises them that they may be at increased risk after the order is
served on the offender;
(b)
Recommends that they develop a safety plan; and
(c)
Refers them to the Women's Advocacy Program and other available
resources.
Action:
Development of information to be provided to applicants and
respondents will be addressed once the Regulation to the new
legislation is complete.
33
Prohibition Information System Working Group Report
The Prohibition Information Systems Working Group consisted of eighteen members
who represented major police forces in the Province, the Courts Division of Manitoba
Justice, and support agencies that now have access to various registry systems.
Recommendation 11 - Where the victim of an offence is a vulnerable person, that
fact should be coded on CPIC and PARCS records.
Recommendation 12 - The Prohibition Information Registry (PINS) should be
interfaced with CPIC.
Recommendation 64 - Ex parte no-contact no-communication orders should be
registered on CPIC as well as on PINS.
Recommendation 65 - Service of ex parte no-contact no-communication orders
should be recorded on CPIC as well as on PINS.
Action:
The Group examined the inter-relationship of the major computer
information systems now used in the justice system. Those were
the Canadian Police Information Centre (CPIC), the Prohibition
Information Registry System (PINS), the Winnipeg Police
Information System (PARCS), and the Internal Information System
used by the Brandon Police.
The Group considered how
information can most effectively be made available to all Law
Enforcement Services to assist victims of domestic violence and for
the protection of police officers. The Working Group recommended
that CPIC be used as it is a national and provincial system that all
participants will be able to access. The Group is now working on
designing an implementation plan to achieve this end. Once the
transition to CPIC is complete, all four of the recommendations
assigned to this Working Group will be satisfied.
34
Gaps In Services Working Group Report
The Gaps in Services Working Group consisted of twenty-six members. Of these,
twenty-one members were from community agencies and five government staff. The
community members represented a women's shelter, two women's resource centres,
second-stage housing, two crisis offices, Northern agencies, the RCMP, Health
agencies, private counsellors and the Women's Advisory Council. Twelve of these
members represented communities outside of Winnipeg, including three Northern
communities. One member represented First Nations issues and another multi-cultural
issues. The government members represented Family Services, the Manitoba Women's
Directorate and the Seniors Directorate.
Recommendation 70 - Family Dispute Services should increase funding to
agencies and programs that provide services to victims of domestic violence.
Action:
The purpose of this group was to identify gaps in services and
changes in service demands. The group identified a number of
gaps in services, particularly for families in the Northern and rural
areas of Manitoba. The gaps in services identified are primarily
preventive and community-based. In response to the working
groups recommendations Family Services has allocated an
additional $600,000 annuallyto fill gaps in services.
Timeline:
• January 1999 - Family Services will be conducting community consultations, asking
communities to identify existing gaps in services and how these gaps can be
addressed through community-based initiatives.
35
Couples Counselling Working Group Report
The Couple Counselling Working Group consisted of nine members, including seven
community representatives and two government staff. Members from the community
represented family and couple counselling programs, two women's resource centres,
two women's shelters, and a child welfare agency. The government members
represented Family Dispute Services and the Women's Advocacy Program.
Recommendation 72 - Family Dispute Services should explore funding programs
which offer conjoint treatment for offenders and victims and recommendation.
Recommendation 74 - Family Dispute Services should develop a standards
manual for agencies and programs providing conjoint treatment for domestic
violence offenders and victims.
Action:
The Working Group assigned to this recommendation developed
principles of practice for programs that provide couple counselling
(as opposed to developing standards). Family Services is in the
process of awarding contracts to both a Brandon and a Winnipeg
Agency to provide couple counselling. The goal of these programs
is to offer counselling to couples where the violence has stopped
and the couple is committed to remaining together.
Timeline:
•
November, 1998 - Couple counselling programs implemented in Winnipeg and
Brandon.
36
Domestic Violence Offenders Working Group Report
The Domestic Violence Offenders Working Group consisted of ten members. Of these,
six were community representatives and four government staff. The community
members represented an urban support program, a women's shelter, a multi-cultural
program and programs specific to First Nations. Government members represented
Family Dispute Services, Culture, Heritage and Citizenship and Probations.
Recommendation 71 - Family Dispute Services should increase funding to
agencies and programs that provide services to domestic violence offenders.
Recommendation 73 - Family Dispute Services should develop a standards
manual for agencies and programs providing services to domestic violence
offenders
Action:
The Working Group assigned to this recommendation developed
principles of practice for programs that provide services to men with
abusive behaviours (as opposed to developing standards). Family
Services is in the process of awarding a contract to a Brandon
agency and will continue to work with communities to develop
additional services.
Timeline:
•
November, 1998 - Brandon agency will be providing services to men with abusive
behaviours.
37
Visitation Access Service Working Group Report
The Winnipeg Working Group consisted of thirteen members, nine from the
community and four government staff. Community members represented the following:
a women's shelter; women's resource centres; second-stage housing; the Winnipeg
Police Service; multi-cultural programs, a private supervised access service; a private
bar lawyer; a consumer; a parent's advocacy group and a children's counsellor. The
government staff represented the Departments of Family Services and Justice.
The Brandon Working Group consisted of eight members; including five community
members and three government staff. Community members represented second-stage
housing, child welfare, a women's shelter, the Brandon Police Service and a consumer.
Government staff represented the Department of Family Services.
The Thompson Working Group consisted of eight members.
Of these, five were
community representatives and three were staff from Family Services. Community
members represented a women's shelter, the YWCA of Thompson, the Thompson
RCMP, child welfare, and a private bar lawyer.
Recommendation 75 - In conjunction with Family Conciliation, Family Dispute
Services should develop a supervised access centre.
Action:
Family Services is in the process of finalizing contracts with
agencies in Brandon and Thompson to provide a Supervised
Access Service. This service allows the custodial parent to drop off
his/her child(ren) for visits without having any contact with the non
custodial parent. It also provides an opportunity for supervised
visits. Family Services also plans to implement a Supervised
Access Service in Winnipeg.
Timeline:
• November, 1998 - A Supervised Access Service will be implemented in Thompson
and Brandon.
• March, 1999 - It is anticipated that a Supervised Access Service will be available in
Winnipeg.
38
Training Working Group Report
The Training Working Group consisted of thirteen members, four from the community
and nine government staff. The community members represented a women's resource
centre, an urban support program, second-stage housing and an older persons
program. The government staff represented the Departments of Family Services,
Justice, Health, Housing, Education & Training, and Culture, Heritage & Citizenship.
Recommendation 78 - Income security counsellors should receive training on
issues related to domestic violence.
Action:
A plan is in pace to train the majority of Income Security Workers
outside of Winnipeg by April, 1999.
Recommendation 79 - The application form for social allowance should include
an inquiry as to whether the applicant is a victim of domestic violence.
Action:
The Group has recommended that an application form for social
allowance should not include an inquiry into whether the applicant
is a victim of domestic violence. The Group believes that people
are not comfortable disclosing such information. As well, the
Working Group feels that income security counsellors will have an
increased awareness of domestic violence through the training that
is ongoing and that counsellors will be in a better position to
recognize domestic violence cases.
Recommendation 84 - In concert with Family Dispute Services and the
Department of Justice, the Department of Education and Training should develop
educational packages about domestic violence for use in public schools.
Action:
The Implementation Committee has met with the Deputy Minister of
Education. As a result of this meeting, the Deputy Minister of
Education sent a letter to the Chair of the Implementation
Committee highlighting possibilities for educational programs about
domestic violence. Discussions regarding this issue will continue
through the Inter-departmental Working Group.
39
Recommendation 85 - The Government of Manitoba should employ a domestic
violence specialist to train government employees about domestic violence:
Action:
Family Services has seconded a trainer to begin training of
government employees. The community identified that priority
training should be given to the following groups: Manitoba Housing,
Employment and Income Assistance, Magistrates, Legal Aid
lawyers and Mental Health Workers.
Timeline:
•
Training of Income Security Workers will continue.
•
January - October 1,1998 - Magistrate Training was provided.
•
December, 1998 - It is anticipated that the training of other government employees
will begin.
40
Public Awareness Working Group Report
Fourteen individuals participated in the Public Awareness Working Group. Of these
members, eleven represented community agencies and three government. Community
members represented First Nations, multi-cultural and older persons programs,
women's resource centres, second-stage housing, the Women's Advisory Council,
MTS, and two shelters.
Recommendation 82 - The Government of Manitoba should initiate a domestic
violence public awareness campaign.
Action:
The Public Awareness Working Group, in partnership with the
Government, will be launching a public awareness campaign on
domestic violence in early November. The campaign includes print
and TV material. The objectives of the campaign are to increase
the public's awareness of the type of behaviour that constitutes
domestic abuse and how people can help families caught in the
cycle of violence. The campaign will also increase awareness of
domestic violence support services.
Recommendation 83 - The Government of Manitoba should designate a Domestic
Violence Prevention month.
Action:
The Working Group has recommended that November be
designated Domestic Violence Prevention month.
Timeline:
•
•
November, 1998 - the Public Awareness Campaign will be launched.
November, 1998 - November will be designated Domestic Violence Prevention
month in Manitoba.
41
Inter-departmental Coordination Working Group Report
The Interdepartmental Working Group was comprised of senior representatives from the
Departments of Justice, Family Services, Labour, Northern Affairs, Status of Women,
Education and Training, Health and the Seniors Directorate.
Recommendation 90 - To ensure consistency, the Government of Manitoba
should give Family Dispute Services (FDS) the mandate to coordinate and
monitor all of the policies and practices which relate to domestic violence in all
government departments except Corrections and Justice.
Action:
A working group of senior officials met to discuss this
recommendation.
These departmental representatives have
established an inter-departmental domestic violence co-ordination
committee.
The committee will be chaired by Family Dispute
Services.
42
Additional Recommendations
Various recommendations were made that did not fall into a specific working group.
The following recommendations have been reviewed and implemented.
Recommendation 17 - The Government of Manitoba should recommend to the
Federal Minister of Justice that the Criminal Code of Canada be amended to
require that a medical practitioner notify the local firearms officer, police service,
or Chief Provincial/Territorial Firearms Officer if there is any reason to believe
that a person he examines should not possess firearms.
Action:
The Manitoba Minister of Justice has written to the federal Minister
of Justice requesting that she consider the recommendation that
the Criminal Code of Canada be amended to require that a medical
practitioner notify the local firearms officer, police service, or Chief
Provincial/Territorial Firearms Officer if there is any reason to
believe that a person he examines should not possess firearms.
Timeline:
•
February, 1998 - The letter was sent.
Recommendation 76 - Family Dispute Services should withhold funding to
agencies and programs providing services to victims of domestic violence or
domestic violence offenders if they do not maintain established standards.
Action:
Family Dispute Services has followed this practice as a last option
and will continue to do so with any new programs funded by Family
Dispute Services.
Timeline:
•
Implemented.
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Recommendation 77 - The Government of Manitoba should allocate additional
resources to Family Dispute Services.
Action:
Family Dispute Services received 3 staff years to respond to the
increased program demands as a result of the implementation of
the recommendations in the Schulman Report.
Timeline:
•
August, 1998 - All staff in place.
Recommendation 86 - The Government of Manitoba should commit "real dollars"
to implement the recommendations herein.
ACTION:
In September, 1997 the Government committed $1.7 million for the
implementation of the recommendations. Since that time the
government has committed an extra $600,000 per annum for a total
increase of $2.3 million annually.
Recommendation 87 - The Government of Manitoba should develop a long-term
strategy for the implementing of the recommendations herein and other programs
and services which are directed to reducing domestic violence.
Recommendation 88 -The Government of Manitoba should establish a committee,
including both government and community-based members, to oversee the
implementation and coordination of the recommendations herein in accordance
with its long-term strategy.
ACTION:
Fourteen working groups were established to oversee the
implementation and coordination of the recommendations. The
working groups in Justice have made arrangements for biannual
updates on the progress of the recommendations. The Department
of Family Services meets regularly with service providers to do on
going updates and to address developing issues.
Recommendation 89 - The Government of Manitoba should remunerate members
of the Implementation Committee.
ACTION:
The University of Manitoba is being provided with replacement
costs for Jane Ursel's time commitment to the Implementation
Committee.
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Recommendation 91 - The Government of Manitoba should continue to support
the Manitoba Research Centre on Family Violence and Violence Against Women
at the University of Manitoba
Action:
Both Family Services and the Department of Justice have used the
RESOLVE (formerly Manitoba Research Centre on Family Violence
and Violence Against Women) to conduct research and evaluate
programs and will continueto do so whenever appropriate.
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Liaison with Collateral Institutions
City of Winnipeg Police -The Implementation Committee met with Chief
Cassels and staff to facilitate a coordinated implementation of the
recommendations addressed to the Winnipeg Police and the
Province. Members of the Winnipeg Police force are participating
on the Prohibition Information System Working Group dealing with
recommendations aimed at multiple law enforcement agencies and
the provincial government.
Law Society of Manitoba -The Implementation Committee discussed
Recommendation 81 addressed to the Law Society with the Chief
Executive Officer of the Law Society. The Implementation
Committee was advised that the Law Society recognized the
importance of the issue and would ensure that there will be
adequate opportunity for lawyers to take courses as recommended
by Justice Schulman.
University of Manitoba Law School -The Chairperson of the Implementation
Committee spoke to the Dean of the University of Manitoba Law
School. The Dean advised that effective this year, a section on
domestic violence issues has been added to the compulsory Family
Law course.
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Appendix "A"
Terms of Reference
Mandate:
To respond to the recommendations in the Schulman Report to improve Family
Violence Services in Manitoba.
Goal:
To advise the Minister on each of the recommendations contained in the Schulman
Report directed to the provincial government after appropriate consultation with
representative community groups.
Method:
1.
Focussed working groups consisting of government staff and community agency
representatives will review recommendations and advise the Implementation
Committee on short term implementation strategies and strategies for sequential
implementation.
2.
The Committee will advise the Minister of Justice and Minister of Family Services
on implementation periodically.
3.
The Committee aims to complete this task within one year.
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Appendix "B"
Criteria For Selection of Members For Working Groups
The Implementation Committee is directed to respond to the recommendations in the
Schulman Report to improve Family Violence services in Manitoba. Service providers
and service consumers were identified as the best resource for information on the
status of existing services and the potential for improvement of services.
Therefore, in the creation of working groups first consideration is given to selecting
service providers and service consumers. Additional considerations in selection are;
knowledge of specific issues, representation of particular constituencies, and
geographical location.
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