Annex A: Summary tables

A. Forms of family violence

  Forms of family violence
2SLGBTQI+ individuals
  • threats to “out” them to family members, friends, employers or faith communities
  • forcing them to have sex in a way that does not align with their sexuality or gender identity
  • withholding hormones or other items (e.g., dildos or binders) for trans clients
  • targeting their sexuality or gender expression to assert control over them
  • forcing displays of affection in unsafe or inappropriate spaces
  • disclosing information about their sexuality, gender expressions, HIV status, family and relational practices/configurations (e.g., open, poly) or sex work, without their consent
People with disabilities
  • being called degrading language related to their disability
  • forcing them to live in inaccessible settings
  • ignoring them when they are trying to communicate (for Deaf clients)
  • threatening to withhold or withholding primary care services (e.g., not taking them to the washroom)
  • being physically assaulted in a way that results in a disability
  • taking their disability income cheques
  • forcing power of attorney and substitute decision-making arrangements against their will
  • preventing them from using or destroying assistive devices (e.g., hearing aids, canes)
  • withholding medication
  • being touched inappropriately while being given primary care services (e.g., dressing, bathing)
Newcomers
  • threatening immediate family in their previous country of residence
  • being publicly shamed by their ex-partner for choices they made or were forced to make in their previous country of residence (e.g., forced prostitution, choice of employment, forced marriage)
  • threatening to report them to authorities for receiving income “under the table”
  • controlling access to important immigration or sponsorship papers
Racialized groups
  • removing or withholding basic necessities
  • threatening their immigration status
  • placing religious, cultural or family pressure on them to remain in the relationship or to submit to the ex-partner’s authority
  • preventing them from attending English or French language classes
Muslims
  • threatening their immigration status
  • using religion as a means to justify abusive behaviour and to control them

B. Barriers to disclosure

  Barriers to disclosure
2SLGBTQI+ individuals
  • struggles with their own sense of culpability if they fought back
  • fear of betraying the community (and for lesbians, the feminist sisterhood)
  • difficulty recognizing what is acceptable behaviour and treatment (due to histories of abuse, heteronormativity or internalized anti-2SLGBTQI+ discrimination)
  • fear of being “outed” when seeking victim support (e.g., by service providers, their cultural or religious community, court proceedings)
  • preferring the familiarity of private violence over public violence that they would experience if they left their partner for the shelter system, the streets or their abusive family
  • fear of having their complaint dismissed by police as “mutual aggression” or of being dually charged due to a lack of understanding of the complex dynamics of 2SLGBTQI+ family violence
People with disabilities
  • fear of losing primary care services
  • fear of losing children (i.e., being deemed incapable of raising children on their own)
  • unable to communicate in a way that is understood
  • lack of knowledge of where to access help due to life-long segregation from mainstream society
Newcomers
  • fear of family ostracizing (in Canada and in their country of origin) for accessing the family justice system, as this may be perceived as an adversarial approach to a family issue
  • fear of being deported
  • fear of experiencing racism and discrimination when pursuing legal action or accessing resources
  • financial vulnerability as they may not have the ability to work or may not have received accreditation for education or educational licensing from their home country
  • lack of knowledge of Canadian legislation and the justice system
  • influence of cultural values and factors
Racialized groups
  • language barriers
  • financial vulnerability due to their pre-migration work experience and education being discredited
  • influence of their religious or cultural background, which pressures them to sacrifice personal goals for the community/family
  • lack of knowledge of the legal process and their rights
  • fear of enforcement authorities/previous negative experiences with enforcement authorities
  • fear about the impacts on their immigration status/previous negative experiences with immigration authorities
Muslims
  • desire to maintain family unity
  • fear of being deported
  • fear of being rejected by the community
  • linguistic barriers that prevent them from adequately articulating the complexity of their situation
  • fear of compromising their religious responsibility to preserve the family

C. Key considerations

  Key considerations
2SLGBTQI+ individuals
  • be aware of internalized biases and abuse dynamics and gender roles
  • be attuned to homo/bi/trans phobia
  • learn the terminology that 2SLGBTQI+ clients use to identify themselves and what terminology to avoid (e.g., do not ask for the dead name of a trans person or refer to their birth name as their “real” name)
  • learn about the community and reach out to 2SLGBTQI+ service providers
  • display posters or messages to signal that the office is a safe space
  • recognize betrayal trauma, which may have an effect on how the client presents themselves (e.g., aggressive, hypercritical, hostile, denial, dismissing, minimizing)
People with disabilities
  • ask in advance of the meeting if clients have any access needs to ensure appropriate supports are in place and be prepared to allocate more time for the meeting so the client can communicate at their own pace
  • consider ways to address access barriers in the office (e.g., location, transit, poor signage)
  • allow a support person to be present but be attuned to warning signs (e.g., speaking without permission)
  • do not touch the client or any service animals without asking permission first
  • do not presume to understand the client if unsure of what they are trying to say; instead, wait until they finish communicating and ask them to repeat or rephrase
  • be sure to not sound patronizing when speaking to the client
  • understand the complexity around recognizing signs of family violence, given that people with disabilities may present some signs without having experienced family violence
  • avoid using body language or gestures to communicate if not appropriate for the client or the situation
  • do not assume the client cannot see you
  • for clients who are visually impaired, do not leave them in the middle of the room; instead, guide them to a more comfortable location.
  • for clients who are visually impaired, do not leave without informing the client that you are leaving/returning/saying goodbye
  • focus on the client’s individuality instead of their disability and avoid making assumptions about how the client communicates
Newcomers
  • recognize that newcomers generally resist initial consultations for legal advice and that by the time these victims seek advice, their visit may have coincided with a new or severe attack or escalating behaviour
  • be aware that newcomer clients may have experienced past abuse from the way they were raised in their country of origin (e.g., corporal punishment on children) and be attuned to signs, such as initialization, silence, physical uncomfortableness and outbursts of anger or emotion
  • avoid language that may appear to be stereotypical or that perpetuates stereotypical norms
  • ask about the client’s personal and familial ideologies instead of using ideologies centered in individualism or collective principles
  • offer a choice of lawyer, if possible, as clients may not wish to work with a lawyer from their cultural or religious background
  • use a culturally anti-oppressive approach that addresses safety concerns, while also maximizing the client’s trust, choice, control and empowerment
Racialized groups
  • acknowledge clients’ language barriers and discuss with clients whether translation/interpretation services are needed
  • do not disclose any information with family/friends/community members without the client’s explicit consent
  • understand how the client’s length of time in Canada, as well as cultural and religious factors can affect disclosure
  • understand how the client’s religious and cultural background influence their wants and needs
  • provide examples of what constitutes abuse, as immigrant clients may not understand what abuse looks like
Muslims
  • recognize that many Muslims use Islamic teachings to address family relations and that some family members may be using religion to justify their abusive behaviour
  • understand how the client understands and implements Islamic teachings in terms of gender and family relations and expectations, and how their religious obligations are linked to their cultural traditions
  • understand the client’s perspective of their family gender belief systems
  • ask about their immigration and legal status, as the client may be unaware of their rights and may fear deportation
  • use respectful ways to obtain information that can lead to better understanding and honouring the client’s belief system

D. Responses

  Legal and non-legal responses
2SLGBTQI+ individuals
  • current assessment instruments cannot trace the complex power dynamics in 2SLGBTQI+ relationships
  • clients may be reluctant to report to the police if concerned that they do not understand the complexities of family violence in 2SLGBTQI+ relationships and may charge both partners
  • provide information on hate crimes, 2SLGBTQI+ advocacy and support groups if there have been threats to “out” the client
  • refer to community-based counselling, 2SLGBTQI+ community centres, and advocacy centres
  • understand that there are issues of homo/bi/transphobia in service delivery as well as the history of discrimination by social and legal services, which have led to fear and mistrust
  • recognize that family violence is often dealt with through informal networks of concerned friends and family
  • develop a referral list of 2SLGBTQI+ dedicated or positive services
People with disabilities
  • clients may not be able to meet the legal capacity tests required to understand and appreciate the consequences of legal actions
  • explain the reason for taking notes (e.g., clear, detailed documentation)
  • clients should be in charge of the discussion
  • refer to attendant care services, services to help apply for disability income support and services to help find an accessible place to live
Newcomers
  • refer clients to an immigration lawyer or information on Canadian legislation if there have been immigration or sponsorship threats
  • explain the different legal options available to newcomer clients, as they may not know what options are available or where to access information
  • refer to cultural and community networks
  • refer to newcomer and settlement services
Racialized groups
  • language services may be required
  • help the client understand the mandate of child protection services and the impact of child protection services on their immigration/refugee claims
  • if there is a flight risk, seek court order to surrender the passports of the ex-partner and children if they have dual citizenship/nationality
  • tailor legal strategies to best meet the needs and cultural/religious values of clients
  • provide detailed explanations of every step of the legal process (e.g., what the client can expect, what the client needs to do)
  • refer to newcomer/immigrant/refugee organizations
Muslims
  • Islamic marriage and divorce may be required along with the legal process
  • an Islamic divorce can occur in three ways: (1) the husband initiates the process without agreement of his wife, (2) there is a mutual agreement, or (3) it is imposed by a judicial authority as a result of one partner violating a key Islamic law
  • understand how important religion is in resolving family disputes, which issues require religious consultations and how to deal with diversity in religiosity within the client’s family (if applicable)
  • connect with faith leaders who can provide spiritual and religious support
  • faith leaders and informal support are important in the initial stages of conflict resolution
  • integrate informal support with formal resources (with client’s consent)
  • refer to Muslim community services (e.g., Nisa Homes, Muslim family services or Muslim legal clinics)

E. Training

  Training
2SLGBTQI+ Individuals
  • reach out to academics and academic institutions (e.g., University of Toronto’s Trans Health Project) as well as other resources (e.g., 2SLGBTQI+ community centres, Egale)
People with disabilities
  • learn about the general categories of disabilities (e.g., mobility, vision, Deaf and hard-hearing, intellectual, cognitive, psychosocial, episodic)
  • establish partners with community organizations to learn more about the services and how to make the law office more accessible
  • consult the ARCH Disability Law Centre, particularly the tips for lawyers and paralegals
Newcomers
  • consult the Centre for Research and Education on Violence Against Women and Children as well as the Barbra Schlifer Clinic
Racialized groups
  • equity and diversity training
  • impacts of gender norms within families (e.g., a preference for sons)
  • harmful traditional cultural practices
  • consult the Canadian Race Relations Foundation
Muslims
  • cultural humility
  • consult the Muslim Resource Centre for Social Support and Integration, the Canadian Council for Muslim Women and the Muslim Power and Control Wheel

F. Gaps

  Gaps in knowledge
2SLGBTQI+ individuals
  • need more research on family violence and abuse in 2SLGBTQI+ relationships, particularly about bisexual, trans, two-spirit, intersex and asexual individuals
  • lack of data on the intersection of ability, gender, sexuality and intimate partner violence
People with disabilities
  • need more research on the experience of family violence for people with disabilities, including their intersection with other identity factors
  • lack of research on the current provisions for decision-making supports and accommodations that apply to victims of family violence (e.g., identifying types of legal arrangements, identifying gaps in legal regimes for regulating legal capacity)
Newcomers
  • need more research on male and newcomer victims of family violence
  • more research on the impact of family violence on gender equity, workplaces, health, poverty, economics and Canadians
Racialized groups
  • need more research on the prevalence of family violence in racialized groups, for example, by using methodologies other than police reports or surveys where data is only collected in English or French
  • lack of research on the experiences of women from racialized groups who have experienced family violence and are involved with child protection services
  • lack of research on the relationship of the United Nation’s International Women’s Peace and Security Agenda with the domestic violence experienced by women from racialized groups
Muslims
  • lack of knowledge about the intersections of faith with identity factors and their impact on the risk of violence and its outcomes
  • lack of knowledge about how diversity (e.g., country of origin, cultural variances) within Muslim communities in Canada may impact family violence
  • lack of research on violence from a collectivist perspective as opposed to the Western conceptualization of family and family violence
  • lack of understanding of the different perspectives and definitions of protection, safety and accountability