Coercion and Control in Family Law BC

Nov 13

Family violence is a serious issue, and in Canada, it is recognized as any form of abuse, mistreatment or neglect from another family member, or from someone they have an intimate relationship. We understand that family violence can happen to anyone - regardless of gender, age, economic status, or cultural background.

At Illuma Family Law, we understand the devastating and lasting effects family violence can have on individuals and families, especially when such violence involves coercive control. This blog discusses specifically an aspect of family violence, namely coercion and control, its current and emerging legal status in Canada, and how it may affect your family law matter in British Columbia.

What Is Coercive Control?

The Government of Canada, defines “coercive control” or “coercive and controlling behaviour” as a pattern of controlling behaviour that occurs over time within intimate partner relationships and other family relationships to entrap victims, eliminating their freedom in the relationship. Unlike physical violence, coercive control is often subtle, ongoing and psychological in nature. It is used to manipulate, intimidate, and isolate the victim, gradually stripping away their autonomy and freedom.

This form of abuse can be hard to detect from the outside because it often lacks physical evidence. However, its effects can be just as damaging – if not more so – than physical violence. Victims may lose confidence, self-worth, and the ability to make decisions without fear or second-guessing.

Forms of Family Violence

Recently, the premier of British Columbia declared gender-based violence as an epidemic. The Government of Canada describes different forms of violence including:

1. Physical Abuse

This includes a range of violent behaviours such as:

Hitting, slapping, or punching
Kicking or shoving
Choking or strangling
Using weapons or throwing objects
Restraining or confining someone against their will

2. Emotional or Psychological Abuse

This is a common tactic in coercive control and may involve:

Name-calling, insults, or criticism
Threats or intimidation
Isolation from friends or family
Destroying belongings or harming pets
Humiliation, bullying, or gaslighting

3. Sexual Abuse

Includes any non-consensual sexual contact or pressure to engage in sexual acts. Examples include:

Unwanted sexual touching
Coercing someone into sexual acts
Continued sexual activity despite being told to stop
Forcing someone to perform degrading sexual acts

4. Financial Abuse

A tremendously oppressive tool of control that might include:

Controlling access to bank accounts
Withholding or stealing money
Forcing the victim to sign financial documents
Pressuring someone to sell property or change a will

5. Neglect

Particularly relevant when one family member has a duty of care, such as with children or elderly relatives. This can involve:

Failing to provide basic needs like food, clothing, or hygiene
Withholding medical care or medication
Leaving someone in dangerous or unsupervised conditions

Is Coercion and Control a Criminal Offence?

Countries like the United Kingdom (England and Wales, Scotland, and Northern Ireland) and Australia have criminalized coercive control in intimate or family relationships.

United Kingdom

Crown Prosecution Services in the United Kingdom reported that in 2015, the United Kingdon created the offence of controlling or coercive behaviour in an intimate or family relationship through s.76 of the Serious Crime Act 2015. A person guilty of this offence under this section can be liable on conviction to imprisonment, or a fine, or both.

Australia

In Australia, coercive control was criminalized in Queensland as of July 1, 2019 and New South Wales as of July 1, 2024.

What About Canada?

In Canada, Bill C332 was introduced as a Private Member’s Bill, and is at concertation in committee in the Senate. The enactment amends the Criminal Code to create an offence of exercising coercive control of an intimate partner, by engaging in a pattern of conduct that consists of any combination, or any repeated instances of any of the following acts: using, attempting to use or threatening to use violence against certain persons, coercing or attempting to coerce the intimate partner to engage in sexual activity or engaging in other conduct that could reasonably be expected to caue the intimate partner to believe that their safety, or the safety of a person known to them, is threatened. The punishment for an offence under this section is guilty of an indictable offence and liable to imprisonment or guilty of an offence punishable on summary conviction.

We at Illuma Family Law believe that Bill C332, is a step forward in making gains with respect to gender-based violence and femicide.

How Does Coercive Control Affect Your Family Law Proceeding?

Even though coercive control is not yet a specific criminal offence in Canada, it can and does impact family law proceedings. Once Bill C332 is passed, it means that victims of coercion and control will have a separate avenue to gain protection from offenders of coercion and control in British Columbia. In the meantime, the following mechanisms are currently available in family law provided for under the Family Law Act, to address abusive behaviours in family disputes.

1. Protection from Family Violence

S.183 of the Family Law Act allows family members to apply for orders restraining another family member from certain acts and allowing police offers to assist when there is family violence.

2. Best Interests of the Child

S. 37 of the Family Law Act, sets out the factors that the Courts must consider when making an order relating to guardianship, parenting arrangements or contact with a child. One factor to consider, at s.37(g) is the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member; and at s.37(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in the person’s ability to care for the child and meet the child’s needs.

3. Assessing Family Violence

At s.38 of the Family Law Act, the Court must consider several factors including, among others, whether any psychological or emotional abuse constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at a family member (s.38(d)).

Why Legal Representation Matters

By legally recognizing coercive control, the justice system would offer greater protection and validation for victims who may not have experienced physical violence but are still considerably affected by ongoing abuse. It would also hold perpetrators accountable for non-physical methods of abuse, which are often more difficult to prove in Court.

Need Help?

If you or someone you know is in immediate danger, call 9-1-1. If you have questions about family violence with respect to your family law proceeding, our team at Illuma Family Law is here to help. We offer confidential consultations and can assist with navigating through the legal system.

Have questions? Our Vancouver Family Lawyers are here to assist - Contact Us.

Abby Pang

Abby is a lawyer and loving mother of two children. She is an advocate for healthy families and children. She has turned her energy towards supporting families, by providing guidance and helping families navigate through the legal system, while empowering them to have a voice throughout the process.

Abby Pang’s journey began in Prince Albert, Saskatchewan. Subsequently, her family moved to the east side of Vancouver, before moving to Richmond, where she spent most of her childhood. Her father was a refugee who came to Canada in 1970, and from him she learned the meaning of grit.

In her youth, Abby experienced a breakdown in her family unit which resulted in divorce. She understands that marital breakdowns and divorces can be complicated, but also devastating. She also understands there are alternative options and ways to mitigate the damaging effects of the process.

Abby earned a bachelor’s degree from the University of British Columbia, studying psychology and family studies. She earned a law degree from Manchester Metropolitan University, exchange program through the Hong Kong University. In 2008, she returned to British Columbia to work in a large law office while completing her National Certificate of Accreditation. She then completed her articles in a boutique law firm in Vancouver. She was called to the British Columbia bar in 2012.

Abby has appeared in Provincial Court, Supreme Court and Court of Appeal. She deals with personal injury claims, sexual assault (civil) claims, and family law matters: Jansson v. Malone, 2021; Binning v. Kandola, 2021; Bergeron v. Malloy, 2020; Urwin v. Hanson, 2019; Lally v. He, 2016; Kandola v. Mactavish, 2016; Kweon v. Roy, 2016; Chan v. Caer, 2014; Saadati v. Moorhead, 2015; Loft v. Nat, 2015. In addition to her court experience, Abby takes a “family first” approach and is resolution-focused. She is registered through the International Academy of Collaborative Professionals.

As a lawyer, Abby Pang’s community involvement included volunteer work with the Federation of Asian Canadian Lawyers and the Canadian Bar Association Women Lawyers’ Forum. As well, she had the opportunity to assist at Rise Women’s Legal Center and Battered Women’s Support Services through volunteering with Amici Curiae Friends of Court.

Abby is the recipient of A Woman of Worth Leader of the Year Award 2023 for her outstanding achievements in strengthening her community/organization through innovative approaches to resolving challenges and inspiring meaningful change. She has been recognized nationally as a nominee of the YWCA Women of Distinction Awards 2023, which honours extraordinary women leaders and businesses.

In her personal time, Abby enjoys snowboarding, bike riding, and spending time with her family.

https://www.illumalaw.com/team