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Warning: This story contains references to intimate partner violence.
Billie Jo Barrett says it's hard to talk about her experiences with domestic violence, but it's harder to know that other survivors' trials have been put on hold due to challenges in the legal system.
That's part of why Barrett, who lives in Thunder Bay with her Boston terrier Bruce, is calling on Ontario to declare intimate partner violence an epidemic, as dozens of municipalities in Ontario and several other provinces and territories have already done.
Barrett said her former partner was charged after he was accused of trying to strangle her during three separate incidents. CBC has obtained court documents showing he was charged with assault with a weapon or imitation weapon in October 2021. He was also charged between November 2022 and January 2023 with spousal abuse, two counts of assault occasioning bodily harm – choking, suffocating or strangling, two counts of forcible confinement, mischief under $5,000, and failure to comply with a probation order.
However, due to lack of evidence, the trial was stayed, meaning all charges were effectively dropped.
The legal system does not treat women's safety as if it were public safety.– Gwen O'Reilly, Women's Center of Northwestern Ontario
Barrett believes a shortage of court staff also played a role in the outcome of the case.
“The day I had to go to court, the court was overbooked. There weren't enough judges. There were blackouts, so I felt like my case was no longer a priority,” Barrett said.
She is also concerned about the growing number of criminal cases that are not going to trial due to backlogs in the courts and what that means for survivors seeking justice.
Billie Jo Barrett says she wants to see changes in Ontario's justice system to make it easier for other survivors of domestic violence to come forward. This is what the Thunder Bay, Ontario resident is asking for.
CBC News recently learned that 56 per cent of all criminal cases in Ontario between 2022 and 2023 ended with charges. be withdrawn, suspended, dismissed or dismissed before a decision is made at trial.
“For myself, knowing how difficult it was to come forward, I worry that other women will be afraid to come forward too, knowing that in most cases these situations are usually not for the end up in court,” Barrett said. said.
The number of intimate partner violence cases reported by police in Thunder Bay is one of them the highest in Canada: 551 per 100,000 inhabitants in 2022.
Advocates say that in addition to being symbolic of how important the issue is, declaring intimate partner violence an epidemic would lead to more resources being allocated to frontline service providers such as women's centers, victim services and the courts.
“I don't think the victims, the survivors and the families affected by it should be responsible for change,” Barrett said. “I think the government and our legislators need to look at this very seriously.”
Federally, the Senate passed bill S-249, known as Georgina's Law, on Tuesday evening after a third reading. This requires Canada to develop a national strategy to prevent intimate partner violence within two years and for the government to update all Houses of Parliament on actions taken every two years. The next step is for the bill to pass through the House of Commons.
'The evidence for that violence is disappearing'
The city of Thunder Bay is among Ontario's 95 municipalities to declare intimate partner violence an epidemic. Also six provinces (Alberta, Manitoba, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Saskatchewan) and the Northwest Territories, Nunavut and Yukon have adopted specific legislation on domestic violence.
Gwen O'Reilly, executive director of the Northwestern Ontario Women's Centre, said not much has changed since Thunder Bay's declaration last year.
“I didn't expect this situation to get any worse, but that's what we're seeing,” O'Reilly said. “What we see is that the justice system is not treating women's safety as if it were public safety.”
With the aim of bringing cases to trial within reasonable timescales, the 2016 Supreme Court of Canada ruling known as the Jordan decision stipulated that trials must be heard within 18 months of charges.
But staff shortages in the courts have contributed to this hundreds of criminal cases that exceed this timeline.
When criminal cases involving domestic violence are stayed, “the evidence of that violence disappears,” O'Reilly said.
“We see this pattern of a lack of sanctions and therefore a lack of accountability, and therefore invisibility – and so when women are dealing with the child protection system or in family court… as far as the data shows, nothing has happened.”
Ontario working to get cases 'heard faster'
In an emailed statement to CBC News, a spokesperson for the Ministry of the Attorney General said Ontario spent $29 million this year to “appoint a minimum of 25 new judges to the Ontario Court of Justice, along with another 190 prosecutors, and hundreds of victim services and court staff.”
“Recruitment efforts are underway to ensure that cases are processed more quickly and to reduce the backlog within the criminal justice system,” said press secretary Jack Fazzari.
CBC requested a breakdown of the number of staff assigned to northwestern Ontario, but did not receive a response at the time of publication.
A An Ontario-wide bill to declare intimate partner violence an epidemic was adopted at second reading on April 10, before being referred to the Standing Committee on Justice Policy. The New Democratic Party says a motion to approve the bill was defeated on the first day of this year's fall session.
“Ontario should pass Bill 173 instead of studying it,” O'Reilly said. “There is no reason to study this issue. We have all the evidence we need to understand that it is a problem.”
Both Thunder Bay-Atikokan Conservative MPP Kevin Holland and Thunder Bay-Superior North NDP MPP Lise Vaugeois told CBC they support the bill.
Ontario opposition members are urging the Ford government to declare intimate partner violence an “epidemic.” Advocates say such a declaration would make it easier for victims to get legal protection and support.
Michael Parsa, Ontario's minister for children, community and social services, said the government has supported the bill but continues to review the issue and hear from experts on it.
'We have made a commitment to make sure of that [service providers] have the support and resources to continue to provide this support to families,” Parsa said.
He said the government invests $1.4 billion annually to ensure supports and services are available to Ontario families, and works with the federal government on health care. National Action Plan to End Gender-Based Violence.
“I would like to see an overhaul of the entire system, and I know it won't happen overnight, but now that Ontario has declared intimate partner violence an epidemic, that's a good start,” Barrett said.
'Forgiveness is not a remedy for injustice'
Thunder Bay and Area Victim Services (TBAVS) receives at least ten calls a week from new people seeking services related to intimate partner violence.
“That's very high for a city the size of Thunder Bay,” said Penny Radford, director of TBAVS.
This was reported by the Thunder Bay Police (TBPS). 2,300 incidents of intimate partner violence in 2022 in the city, which has about 111,000 inhabitants, with 703 charges against 267 people. CBC News has reached out to police for the latest statistics and will update this story when that information becomes available.
Barrett wants Ontario to pass Britain's so-called Clare law. This law allows police departments to release information to a potential victim about whether their partner has a history of violence. Ontario's version, Bill 274, did not progress beyond the second reading.
“I feel like I would not have been given the opportunity to make an informed decision about whether or not I wanted to continue a relationship with this person if I had known about his violent past,” she said.
One positive trend Radford has seen in Thunder Bay is an increasing number of men seeking support related to intimate partner violence – something they may have felt too stigmatized to access in the past.
There are also more programs in the city for men who are prone to violence, such as the Caring father group via Faye Peterson House.
However, Radford said it's first important to look at the broader stressors that contribute to violence, such as the rising cost of living, mental health and addictions — concerns she hears in many calls to TBAVS.
“When you have nowhere to go and you can't detox, or when you have nowhere to go and the beds aren't available… that's when that violence comes out, right?”
Barrett and Bruce wore purple during their interview with CBC News, in recognition of November being Domestic Violence Awareness Month.
She hopes that by sharing her story, other survivors will know they are not alone, and that those in power will be reminded of the urgent need for change.
“It was very difficult for me to come forward in the first place. I was full of shame, and if the justice system doesn't support me, who will? Who will support the women who are going through the same thing? Who will support the women who have been murdered? ” Barrett said.
“I believe in forgiveness, but forgiveness is not a remedy for injustice. Justice is.”
Victims of domestic violence are not alone. There are in the Thunder Bay area various support programs available for survivors and their families. The federal government also has a website where to find provincial and territorial resources. If you are in immediate danger, call 911.
