TORIES' ANTI-CRIME AGENDA SIDESTEPS FAMILY VIOLENCE

Forty per cent of recent Canadian homicides involve violence by family
members or lovers. But the federal government seems more interested in
addressing gang violence, reports Kate Jaimet.

On Oct. 19, unknown killers shot six men dead in an apartment building
in Surrey, B.C. Four of the men were involved in criminal activity and
drugs. Two others were innocent bystanders caught in the slaughter --
Edward J. Schellenberg, 55, and Chris Mohan, 22. Peter German, RCMP
district commander for B.C.'s Lower Mainland, called the killings a
product of "guns, gangs, drugs and violence," adding: "This is a
blight on our society."

It's this kind of thuggish violence that the Conservative government's
Tackling Violent Crime Act is meant to address.

Bill C-2, which is expected to be fast-tracked through Parliament,
cracks down on gun and gang violence with stiffer sentences for
smugglers and violent criminals wielding illegal firearms.

But the national homicide statistics for 2006, released last month by
Statistics Canada, show that the kind of aggression seen in the Surrey
killings is only part of the story of violent crime in Canada. And
critics say the Conservative government, despite its stated
law-and-order agenda, is failing to tackle another, more widespread,
form -- family violence.

In 2005, Statistics Canada reported that gang activity was known or
suspected in 16 per cent of homicides.

The 2006 StatsCan figures show that in 12 per cent of solved homicide
cases, the victim knew the killer through criminal relationships. By
contrast, in 21 per cent of solved homicides, the victim was killed by
a spouse, ex-spouse or lover. In another 19 per cent of cases, the
victim was killed by a parent, child, or other family member. In
total, 40 per cent of solved homicides in Canada involved violence
committed by intimate partners or family members -- not criminal gangs.

"Directly, there is nothing in this so-called Tackling Violent Crime
bill that actually addresses the issue of conjugal violence, family
violence head-on," said Liberal justice critic Marlene Jennings.

Conservative Justice Minister Rob Nicholson declined repeated requests
for an interview to discuss whether and how Bill C-2, or other
Conservative initiatives, would address family violence.

In an e-mail from the justice minister's office, Mr. Nicholson's
communications director, Genevieve Breton, pointed out that the
government of Canada provides $7 million in annual funding to the
Family Violence Initiative, which "takes an interdisciplinary approach
to reducing spousal and family violence in Canada."

But Ms. Jennings said that since the Conservatives took power in
January 2006, they have done "not well at all" in tackling domestic
violence.

"They are simply interested in garnishing headlines that portray them
as being tough on crime and playing on people's fears and
insecurities. ... The gang violence garners a lot more media
attention, it creates a lot more anxiety."

In its 2006 annual report, the Ontario chief coroner's domestic
violence death review committee calculated that in Ontario alone
between 2002 and 2005, 99 women, nine children and seven men fell
victim to domestic homicide. Another 41 men committed suicide after
murdering or attempting to murder their families.

Looking at Bill C-2, Dr. Katreena Scott, a clinical psychologist and
professor at the University of Toronto's Ontario Institute for Studies
in Education, said the legislation might prevent a small number of
domestic homicides by making it easier to designate criminals with a
history of repeated, serious violent offences as dangerous offenders.

"For that very small proportion of offenders, it might make sense for
us to be able to be strict in terms of labelling a dangerous
offender," Dr. Scott said, though adding that she would be wary of the
law being too broadly applied to people who don't deserve a lifelong
"dangerous" designation.

Added to a previous Conservative bill that eliminated house arrest as
a sentencing option for people convicted of violent personal-injury
crimes, Bill C-2 may prevent some domestic violence. But, Dr. Scott
pointed out, only a very small number of domestic killers have a
history of serious criminal violence.

Neither Frank Mailly nor Roger Turmel nor Abdulnasser Cham-ouri, three
Ottawa-area men who killed their wives and, in two of the cases, other
family members, fit this profile. (See the box above about domestic
tragedy in the region.) In fact, a Statistics Canada report published
in October entitled Family Violence in Canada showed that
three-quarters of people who killed their spouses between 1995 and
2005 had no prior contact with the law at all during that time frame.

"It's going to capture a small number of offenders," Dr. Scott
said.

Holly Johnson, an associate professor of criminology at the University
of Ottawa, said that the presence of guns in households is one risk
factor for familial homicides, and for that reason the provisions in
Bill C-2 that curb gun trafficking should be supported.

Still, the Conservatives' focus is very clearly on criminal gangs, and
that focus may have more to do with trends than with absolute numbers
of violent acts. A 2005 Stats Canada report stated that the number of
gang-related homicides reported by police has followed a steady upward
trend since 1995.

By contrast, the rate of spousal homicide -- like the overall homicide
rate in Canada -- has been on the decline since the 1970s. In fact,
spousal homicide has declined more -- by 52 per cent since 1977,
compared to an overall homicide rate decline of 38 per cent. This
decline is largely due to the changed social, legal and economic
status of women in Canada since the 1970s, said Dr. Scott.

More women now are well-educated and work outside the home, giving
them the confidence, knowledge and financial ability to leave an
abusive partner. Studies in societies across the world have shown that
when there is more equality between men and women, there is less
domestic violence, she said.

As well, there are now more shelters for women leaving an abusive
relationship, and attitudes and legal enforcement surrounding domestic
violence have changed, she said.

Because of the feminist movement's involvement in bringing about
women's equality -- and therefore a decrease in domestic violence --
NDP deputy justice critic Penny Priddy said it was wrongheaded for the
Conservative government to cut funding to certain women's and human
rights groups last fall.

In September 2006, the Tories cancelled funding to the National
Association of Women and the Law and eliminated the Court Challenges
Program, which funded legal action by people who felt their equality
rights were being violated. As well, the government announced that
Status of Women Canada would no longer fund women's groups that
performed political lobbying, advocacy and research. The government
closed 12 of 16 regional Status of Women offices, but promised to
reinvest the $5 million in annual savings in front-line projects to
help women.

Ms. Priddy said the Court Challenges program was instrumental in
bringing about legal changes, including in the realm of domestic violence.

"What this bill shows is that the Conservative government really
doesn't have any balance to it," Ms. Priddy said. "When you're talking
about spousal homicides or parental homicides, you're talking about a
very different set of circumstances where this legislation will make
no difference. You have to look at prevention."

For Ms. Priddy, part of the prevention of domestic violence lies in
providing more government help for at-risk families, including in the
areas of housing and child care. Yet the Tories cancelled the former
Liberal government's day-care strategy in favour of issuing $100
monthly cheques to all families of children under six -- cheques that
don't go far when day-care costs between $600 and $1,000 a month.

Although the $5-billion Liberal strategy would have fallen far short
of providing universal day care, some provinces, like Ontario, planned
to target the money to subsidized spots for poor families -- often
those most at risk of violence and most in need of help. Statistics
Canada calculates that young parents between the age of 15 and 24
represent only two per cent of parents in Canada, but make up 60 per
cent of parents who kill their children.

Domestic Tragedy in the Region

The Ottawa area has seen its share of family violence:

- - In Gatineau, in May 2006, cab driver Abdulnasser Chamouri savagely
beat and stabbed his wife and mother-in-law to death before hanging
himself with a curtain rope. Mr. Chamouri had no prior criminal record.

- - Also in Gatineau in May 2006, Roger Turmel shot his wife, Louise
Fortin, and then himself with a hunting rifle, just as they were
finalizing their legal separation. The rifle was apparently legal and
police said there was no history of violence.

- - In Sarsfield, in April 2006, Frank Mailly shot and killed his
estranged wife, Francine, and their three children, aged 12, nine and
six. He then set fire to the family home and died himself as a result
of the blaze. He was on bail facing a charge of uttering threats, but
had no record of serious criminal violence.

highlights of Bill C-2, The Tackling violent crime
act

The Tackling Violent Crime Act is an omnibus bill that combines
several pieces of legislation that were debated in the last session of
Parliament. Provisions include:

Mandatory minimum penalties for firearms offences:

- - Criminals convicted of gang-related gun crimes, or crimes involving
a restricted or prohibited firearm, will face a mandatory minimum
sentence of five years for the first offence and seven years for
subsequent offences. This applies to the following crimes: attempted
murder, discharging a firearm with intent, sexual assault with a
weapon, aggravated sexual assault, kidnaping, hostage taking, robbery,
extortion.

- - Criminals convicted of firearms trafficking, smuggling, and illegal
possession of a restricted or prohibited firearm with ammunition face
a mandatory minimum sentence of three years for the first offence and
five years for subsequent offences.

Tougher bail provisions:

- - People accused of certain gun crimes would be denied bail, unless
they could prove they did not pose a danger. The crimes include:
attempted murder, sexual assault with a weapon, aggravated sexual
assault, kidnapping, hostage-taking, robbery, extortion, and
discharging firearm with criminal intent, firearm trafficking and smuggling.

Tougher sentencing and management of sexual and violent
offenders:

Criminals convicted of three subsequent "designated crimes" would be
presumed dangerous offenders and liable to an indefinite prison term
unless they prove they should not be so designated. The crimes
include: sexual interference, invitation to sexual touching, sexual
exploitation, incest, attempted murder, discharging a firearm with
criminal intent, assault with a weapon, aggravated assault, sexual
assault, sexual assault with a weapon, aggravated sexual assault, kidnapping.

Protecting young persons from sexual exploitation

- - Raises the age of consent from 14 to 16.

- - Creates an exception for 14- and 15-year-olds who have sex with a
partner less than five years older.

Fighting impaired driving:

- - Makes it easier for peace officers to conduct roadside sobriety
tests and take samples of bodily fluids.

- - increases the penalties for impaired driving.