The justice system operates within a broader social context shaped by traditional norms and beliefs, which can influence how the experiences of survivors of intimate partner violence and sexual violence (SV) are recognized and understood. Beyond legal information and an understanding of judicial processes, survivors primarily need support from empathetic, trauma-informed professionals who are trained in intervention and able to navigate the challenges, limitations, and realities of the justice system while helping maintain realistic expectations.
To better understand this issue, we spoke with Me. Ève Péclet, a family lawyer, community activist, and Canadian politician who represented survivors of intimate partner violence in civil court for many years. Drawing on her practical experience, we have compiled seven concrete recommendations for practitioners supporting survivors throughout their legal journey in Quebec and across Canada.
The content of this article is provided for informational purposes only and does not constitute legal advice. For guidance tailored to your specific situation, please consult a qualified legal professional.
1. Do Not Overestimate What the Justice System Can Recognize as Violence
One of the first things practitioners should understand—and communicate to survivors they support—is that the law may not recognize the full range of violence and abuse a person has experienced. Physical violence, assault, threats, and criminal harassment are offences under the Criminal Code of Canada.
However, while coercive and controlling behaviour has been recognized since 2021 in Canadian family law through the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)), it is not yet a standalone offence under the Criminal Code. The same is true for psychological abuse, economic abuse, and litigation abuse2. These forms of violence, which are often central to a survivor’s experience, can be difficult to establish before the courts except through existing legal offences or causes of action.
“I do think there is still a significant lack of understanding among people in positions of authority—such as judges and police officers—when it comes to the complexity of intimate partner violence. […] There are many more complex dimensions to it, including psychological abuse, economic abuse, coercive control, post-separation abuse, and litigation abuse…”
— Me Péclet, Family Lawyer
For a compassionate and legally informed practice: it is essential to help survivors accurately identify and describe the forms of violence and abuse they have experienced, while informing them about behaviours that may constitute criminal offences and the civil remedies that may be available to them.
It is also important to remember that the absence of legal recognition does not mean that the violence did not occur. A form of abuse can be very real and profoundly harmful, even if it is not formally recognized as a distinct legal offence.
2. Clearly Explain the Two Legal Pathways: Criminal Proceedings and Civil Remedies
Survivors and those supporting them often wonder which legal avenue is most appropriate: the criminal justice system or a civil action or both. Understanding the key differences between these two pathways is essential to providing accurate guidance.
The criminal justice process allows the state to prosecute conduct that may constitute a criminal offence. If the evidence establishes the offence beyond a reasonable doubt, the person responsible for the violence may be charged, prosecuted, and convicted under the Criminal Code of Canada.
A civil action, on the other hand, allows survivors to seek financial compensation for the harm they have suffered. It also provides them with greater control over the process, as they initiate the proceedings and remain the primary party directing the case, while generally bearing the associated legal costs. In addition, civil remedies may provide recourse for forms of violence and abuse that do not correspond to a specific criminal offence. On this point, Me Péclet emphasizes:
“The main difference is that the burden of proof is higher in criminal proceedings than in civil ones. However, the challenge of proving acts of violence or abuse remains significant regardless of which court a survivor chooses to bring their case before.”
For a compassionate and legally informed practice: A helpful first step is to support survivors in clarifying and prioritizing their goals and expectations. Are they seeking public recognition of the harm they have experienced? The criminal justice process may be the more appropriate avenue. Are they seeking financial compensation or recognition of forms of abuse that are not criminalized? A civil action may offer greater opportunities for redress.
In either case, encouraging survivors to document incidents from the outset of the support process is critical, regardless of which legal pathway they choose.
3. Preparing Survivors for the Systemic Bias They May Encounter
Systemic bias and discrimination do not stop at the courthouse doors. Rape culture within the justice system, along with myths such as the “perfect victim,” the “ideal victim,” and “real rape,” are only beginning to be formally recognized as biases that can influence assessments of witness credibility and the evaluation of evidence in legal contexts, despite a growing body of research highlighting their impact.
“Everyday sexism is something that can affect any part of the justice system because biases and prejudices are still carried by people in positions of authority—police officers, judges, and others with whom survivors interact throughout the process.” Me Péclet
Preparing a survivor for legal proceedings also means preparing them for the possibility that their account may be met with scepticism, or that certain forms of violence they have experienced may not be fully understood by those in positions of authority.
For a compassionate and legally informed practice: accurately naming what the survivor has experienced helps establish an appropriate vocabulary without correcting or reshaping their account. Another good practice is to simulate interview sessions to prepare the survivor for the types of dynamic questioning they may face during examination-in-chief or cross-examination.
To ensure safe and effective support practices, several organizations offer individual or group training in court accompaniment and testimonial support for victims, designed for cross-sector practitioners.
4. Documenting from the First Contact: A Key element for Legal Evidence
In complex cases of intimate partner violence and sexual violence, evidence is built over time. Me. Péclet emphasizes how overwhelming the burden of proof can be, even in cases that are well documented:
“We’re talking about years and years of events, hundreds of pages of evidence—the burden is extremely heavy.”
— Me Péclet
For a compassionate and legally informed practice:
- Encourage survivors to record incidents (date, description, any potential witnesses), even if no legal proceedings are being considered at that stage;
- Raise awareness of the evidentiary value of written communications (text messages, emails), photographs of injuries, and testimonies from close contacts;
- Document factual elements shared during follow-up sessions in case notes, in accordance with your organization’s confidentiality rules, while remaining attentive to information that could be interpreted in court, such as:
- psychological or therapeutic follow-up;
- a history of mental health concerns;
- contradictions or inconsistencies in the account that may be misinterpreted;
- behaviours that could be perceived as unstable or incoherent;
- past romantic or sexual relationships.
5. Recognizing Barriers to Legal Action: Economic Abuse and Immigration Status
Two specific realities require particular attention from practitioners, as they can significantly undermine both access to justice and the safety of survivors:
- Economic abuse: control over access to money, interference with employment, forced debt, and similar tactics create dependency and can make it extremely difficult for survivors to engage in a long and costly legal process. Me. Péclet notes that this dimension remains “highly under-recognized,” despite its central role in situations of coercive control.
- Immigration status: Me. Péclet has supported many women without regular immigration status in Canada, for whom the threat of reporting to authorities or withdrawal of sponsorship is used as a powerful tool of control. These individuals may be reluctant to file a complaint due to fear of consequences for their immigration status. This concern must be taken seriously by practitioners, who should, where appropriate, refer survivors to specialized legal resources in immigration law and intimate partner violence.
6. Understanding the Specialized Court on Sexual and Domestic Violence: Its Functioning and Current Limitations
In Québec, the Act to establish a specialized court in matters of sexual violence and domestic violence was unanimously adopted by the National Assembly on November 25, 2021. Its objective is to rebuild survivors’ trust in the justice system and to provide integrated psychosocial and legal services aimed at reducing the risk of secondary victimization. The pilot phase ended on November 30, 2024, and the government is now moving toward the permanent, province-wide implementation of this specialized court by November 30, 2026.1
This court focuses exclusively on criminal offences. It does not change the applicable law; rather, it changes how survivors are received and supported throughout the judicial process. Me. Péclet, who practiced in civil law, notes that she has not received direct feedback from survivors who have used this court, which may reflect the separation between criminal and civil pathways.
For a compassionate and legally informed practice: it is important to remember that when a survivor engages in both civil proceedings (such as divorce, child custody, or damages) and a criminal complaint, these processes are parallel and distinct. Survivors may require support in each pathway, often from different professionals, and will only benefit from the specialized court in relation to their criminal complaint.
7. Training on Coercive Control and Keeping Up with Legal Developments
The concept of coercive control makes it possible to encompass different forms of intimate partner violence and to analyse their manifestations as a whole. It helps explain how actions that may appear harmless to some can, in reality, constitute a form of imprisonment for those who experience them. It refers to “a series of strategies used by a partner or ex-partner to isolate, control, terrorize their victim and gradually deprive them of their freedom.”
Coercive control is, by nature, invisible: it unfolds in private settings, without necessarily leaving physical traces, and its individual tactics may seem trivial when considered in isolation. It is precisely this apparent triviality—reinforced by gender stereotypes—that makes it one of the most difficult forms of violence to name and recognize, and even more difficult to prove in court.
This represents one of the most significant gaps in current Canadian law. This form of violence is not yet a criminal offence in Canada. Me. Péclet emphasizes that, for now, the tools available to demonstrate coercive control in legal contexts remain insufficient:
“We don’t really have the tools to clearly explain what this is about. It’s the survivor’s testimony, it’s academic literature… but it remains largely theoretical—there’s nothing very concrete.”
An important legislative development is currently underway. In December 2025, the federal government introduced Bill C-16, An Act to Protect Victims, which notably proposes recognizing certain forms of psychological abuse and coercive control within criminal law.
For a compassionate and legally informed practice: even in the absence of an enacted legal framework, naming coercive control with survivors can already have therapeutic and practical value. Practitioners can be trained to identify its concrete indicators in order to better recognize and name them with survivors, and to document them during follow-up, anticipating a future in which the law may give this reality formal legal weight.
Support Beyond the Justice System
Supporting a survivor within the justice system does not mean promising them justice. It means enabling them to make informed choices, to document their experiences, and to understand what the law can and cannot yet recognize. It also means preparing them to navigate a system still shaped by systemic biases, where their account may be questioned, minimized, or even instrumentalized, and reminding them that their voice has value, regardless of how it is ultimately interpreted by the courts.
References
Gouvernement du Québec. (2026, 30 avril). À propos du tribunal spécialisé. https://www.quebec.ca/justice-et-etat-civil/systeme-judiciaire/processus-judiciaire/tribunal-specialise-violence-sexuelle-violence-conjugale/a-propos (quebec.ca)
Institut national de santé publique du Québec. (2023, 5 juillet). Cadre légal en matière de violence conjugale. https://www.inspq.qc.ca/violence-conjugale/loi/cadre-legal (inspq.qc.ca)
