Should Femicide Be a Distinct Crime in the Criminal Code?

Battered Women’s Support Services, September 13, 2024

https://www.bwss.org/should-femicide-be-a-distinct-crime-in-the-criminal-code/

Femicide is not simply another form of violence—it is the deliberate killing of women and girls because of their gender.

It’s a distinct and brutal form of gender-based violence, deeply rooted in misogyny and patriarchal structures that seek to control, harm, or silence women.

It is distinct from other forms of homicide because it reflects the broader patterns of violence, coercion, and domination that women and girls face globally.

Despite this devastating reality, femicide often remains in the shadows, unrecognized and unnamed in Canada’s legal system.

Please join me using the Violet Flame
to eradicate femicide, everything not of love, on Gaia.
Sit quietly, feel the Violet Flame all around
yourself, your space, your community,
then put a chalice of the Violet Flame
under our planet – this can be done daily.
The Mother’s Bue Diamonds
for hope within/peace without;
feel that blue diamond energy within
the heart tri-flame, the rise of peace within
in balance with the gold & the pink of our tri-flames.

The Mother’s Blue Diamond Energy of Hope for Balance Everywhere

Battered Women’s Support Services has long been at the forefront of advocating for gender-based violence to be properly addressed in law.

In recent years, BWSS joined the Canadian Femicide Observatory for Justice and Accountability as a key voice in pushing for femicide to be recognized as a distinct crime in the Canadian Criminal Code.

The Overarching Issue of Femicide in Canada

According to the UNODC, approximately 48,800 women and girls worldwide were killed by intimate partners or family members (including fathers, mothers, uncles, and brothers) in 2022.

This translates to more than 133 women or girls being killed daily by someone within their own family, which averages to about 5 women or girls every hour.

Intimate partners and former partners are the most frequent perpetrators of femicide, responsible for an average of 55% of these killings.

However, the actual scale of femicide is likely much greater, as many cases go uncounted due to variations in criminal justice practices and reporting.

In Canada, every 48 hours a women or girl is killed by her intimate partner in Canada.

Between January 1 and August 31, 2024, 123 women and girls were murdered, with 95% of identified perpetrators being men—many of whom were intimate partners, family members, or acquaintances of the victims.

Moreover, evidence indicates that Indigenous women are disproportionately affected by gender-related killings.

In 2021, the homicide rate for Indigenous women and girls was 4.3 per 100,000, five times higher than that for non-Indigenous women and girls.

The lack of legal recognition diminishes the urgency to address femicide and perpetuates the vulnerability of women and girls.

Without proper acknowledgment in law, efforts to prevent further violence are hindered, leaving survivors and their families without the justice and protection they deserve.

Recent Cases of Femicide

Femicide is not an isolated issue; it is a global crisis impacting women and children from all walks of life. Here are some of the recent, heartbreaking cases of femicide in Canada and around the world.

September 2024. Rebecca Cheptegei, a celebrated Ugandan Olympian, tragically died after her partner set her on fire in a brutal act of domestic violence.

The partner used gasoline to ignite the flames, resulting in severe injuries that led to her death.

This incident marks the third elite female athlete killed in Uganda since 2021, following the deaths of two-time world championship bronze medalist Agnes Jebet Tirop and runner Damaris Muthee Mutua.

Cheptegei’s untimely death has shocked the sports community and underscores the urgent need for robust measures to combat domestic violence and protect survivors.

August 2024. Kamaljit Sandhu was murdered by her husband despite having sought a protection order against him months prior.

Court documents reveal that Sandhu had expressed profound fear of her spouse after filing for divorce.

Her estranged husband’s violent actions culminated in her death, highlighting the need for more effective protective measures and support systems for individuals experiencing domestic violence.

This case calls for improvements in legal interventions to ensure real safety and security for victims.

July 2024. Breanna Broadfoot, a 17-year-old from London, Ontario, tragically died in hospital days after being stabbed in an incident of intimate partner violence at her home.

In the wake of her death, Broadfoot’s family is dedicated to combating intimate partner violence and advocating for stronger protective measures for victims.

This case highlights the severe risks faced by young people in abusive relationships.

According to the Ontario Association of Interval and Transition Houses (OAITH), a recent report warns that the number of young femicide victims in Ontario is rising, with nearly 1 in 5 victims reported to be under 18 in the past eight months.

These cases underscore the urgent need for comprehensive support systems and prevention programs for youth.

The Walsh Family (London, Ontario)

June 2024. In Essex, Ontario, Carly Walsh and her two children, Madison and Hunter, were tragically killed by Walsh’s partner, who then took his own life.

The Essex town council is now urging the provincial government to declare intimate partner violence an epidemic.

This case highlights the severity of the crisis and emphasizes the need for systemic changes to prevent such tragedies.

The town’s call for action aims to enhance support for survivors and address femicide more effectively.

Tori Dunn (Surrey, British Columbia)

July 2024. Tori Dunn was tragically killed during what is being described as a home invasion.

According to her father, Aron, he heard a horrifying scream and rushed out of the bathroom to find his daughter cornered by the assailant. By the time he arrived, Dunn had already been stabbed.

The attacker fled the scene by jumping off the balcony, leaving Dunn to succumb to her injuries.

Her family is demanding a review of the legal decisions that led to her suspected killer’s release into the community, despite his history of violent offenses, including violence against women.

This devastating incident highlights the urgent need for stricter oversight and more effective measures to prevent known offenders from committing further violence.

Tatjana Stefanski (Lumby, British Columbia)

April 2024. Tatjana Stefanski was tragically abducted from her home and later found dead in a wooded area nearby.

Her ex-husband has been charged with her murder, six weeks after her disappearance.

Months prior, Stefanski had reported threats to the police, detailing how a man had warned her family in Germany of his intention to harm her.

This case underscores the critical need for improved police responses to threats of violence and better protective measures to protect victims and survivors.

Clearwater Family and Myah Gratton (Carman, Manitoba)

February 2024. The deaths of Amanda Clearwater, 30, her three children—six-year-old Bethany, four-year-old Jayven, and 2½-month-old Isabella—and 17-year-old Myah Gratton, a relative of Clearwater, in southern Manitoba have underscored the severe crisis of intimate partner violence.

Clearwater’s partner, with a documented history of violence, was responsible for these tragic deaths.

The community is now calling for comprehensive measures to address and prevent domestic violence, advocating for increased awareness and stronger protective interventions.

Legal System Failures and the Risk to Women’s Lives

The legal system gambles with the lives of girls and women by routinely releasing men deemed dangerous by Crown prosecutors and judges—evidenced by the granting of protection orders or no-contact conditions as bail requirements—into the community, leading to lethal violence against women.

Unsolved Suspicious Deaths

Several other deaths of women and girls across Canada in 2024 remain unresolved and classified as suspicious. These cases highlight the ongoing challenges in investigating and addressing femicide effectively.

Warning Signs

Femicide by an intimate partner doesn’t occur in isolation; it is often preceded by patterns of behaviour and early warning signs.

These patterns of abuse can provide crucial indicators that a woman is at risk. Recognizing these signs is essential for preventing femicide and protecting women from harm.

• A history of physical violence is a strong predictor of future risk. Approximately 90% of femicides involve prior abuse (CFOJA). 
• A history of sexual violence or coercion is a strong predictor of future risk. Sexual violence often precedes cases of intimate partner femicide (JIV).
• Extreme jealousy and controlling behaviours are significant warning signs. Abusive partners often isolate their partners from family and friends, monitor their activities, and exert control over various aspects of their lives. 
• Persistent stalking or harassment by an intimate partner can be a precursor to more severe violence. Stalking is frequently observed in cases leading to intimate partner homicide (CFOJA), it often signals an escalating level of violence and danger.
• The period surrounding a breakup or threat of separation can be particularly dangerous. The risk of femicide increases significantly during and after separation (CFOJA). Abusive partners may react violently to perceived loss of control or abandonment.
• Abusive partners often isolate their partners from friends, family, and support networks. This isolation increases the risk of femicide by reducing the survivor’s access to help and resources (CFOJA).
• Abusive partners who exert financial control or economic abuse may be more likely to commit severe violence. Economic abuse, such as withholding money or controlling financial resources (CFW).
• Substance abuse by the abusive partners can escalate the risk of violence. Research has shown that alcohol and drug abuse are often associated with increased violence in intimate partner relationships (VAW).

Taking Action to End Femicide

BWSS continues to advocate for femicide to be recognized as a distinct crime in the Canadian Criminal Code.

If we truly want to prevent future violence, we must address femicide for what it is—a uniquely extreme form of gender-based violence.

However, legal recognition alone is not enough to ensure justice.

The legal system often fails to fully grasp the complexities of femicide cases, including intimate partner violence, coercive control, and systemic misogyny, leading to significant gaps in accountability.

To effectively address violence against women and girls, we must move beyond legal frameworks by focusing on improved support services, enhanced community engagement, and comprehensive prevention strategies.

Confronting these deep-rooted issues and implementing systemic changes is essential for creating a society where all women and girls are safe.

Femicide can be prevented through early intervention and risk assessment, access to survivor-centered support and protection, and gender-responsive policing and justice services.

At BWSS, we provide comprehensive support to survivors and their families, engage in policy advocacy, and work to raise public awareness about the urgent need to recognize and address femicide.

We are committed to driving systemic change to prevent and ultimately end femicide in Canada.

Our efforts include prevention initiatives, supporting victims and survivors, advocating for stronger social infrastructure, pushing for legal reform, and addressing the ongoing crisis of Missing and Murdered Indigenous Women and Girls.

These efforts are not just important—they are essential for creating a safer and more just society for women and children, because safety changes everything.

Please join me using the Violet Flame
to eradicate femicide, everything not of love, on Gaia.
Sit quietly, feel the Violet Flame all around
yourself, your space, your community,
then put a chalice of the Violet Flame
under our planet – this can be done daily.
The Mother’s Bue Diamonds
for hope within/peace without;
feel that blue diamond energy within
the heart tri-flame, the rise of peace within
in balance with the gold & the pink of our tri-flames.

The Mother’s Blue Diamond Energy of Hope for Balance Everywhere