Note
Issued also in French under title: Pratiques exemplaires dans les cas de violence familiale (perspective du droit pénale).
"Presented to:
Family, Children and Youth Section
Department of Justice Canada"--Title page.
"2012"--Title page.
Résumé
"This report is intended to focus on best practices related to cases making their way through the criminal justice system, where there are multiple proceedings – including family law and/or child protection proceedings. The goal is to identify practices that promote the safety of all family members while ensuring a fair process for the accused person.
The best practices highlighted in the report were identified through a literature review, personal experience and interviews with practitioners, judges and child protection authorities. The challenges presented by the intersection of criminal, family and child protection proceedings have been examined and discussed by both academics and practitioners. They have also been highlighted in the case law. In this report, we attempt to review and build on the current research and writing in respect of how the criminal and family justice branches respond to issues of family violence."--Page 1.
Contenu
1. Executive summary -- 2. Introduction -- 3. Pre-charge -- 3.1. Advising a potential complaint -- 3.2. Interviewing child complainants -- 4. Arrest and bail -- 4.1. Introduction -- 4.2. Bail basics -- 4.3. Crown approach to bail in cases of alleged family violence -- 4.4. Common bail conditions -- 4.5. Defence Counsel / Duty Counsel approach to bail -- 4.6. Bail violations -- 4.7. Bail variations -- 5. Pre-trial decisions and procedures -- 5.1. Introduction -- 5.2. Cooperating with child protection authorities -- 5.3. Use of evidence from family law proceedings in criminal proceedings -- 5.4. Use of counselling and other support services in criminal proceedings -- 5.5. Use of child protection files in criminal proceedings --
5.6. Use of an accused’s counselling records --
5.7. Use of "Crown Brief" in family and child protection proceedings -- 6. Trial proceedings --
6.1. The Integrated Domestic Violence Court --
6.2. Evidentiary issues --
6.3. Delay -- 7. Sentencing --
7.1. Impact of conviction, peace bond or withdrawal on parallel proceedings --
7.2. Variation of orders -- Appendix A.
Case law tool kit for Defence Counsel and Duty Counsel.