Advocates demand changes to Quebec's family tribunal bill to protect victims of violence

Four groups supporting women who are victims of violence joined forces on Sunday to call for amendments to Quebec's Bill 91.

The proposed law, which seeks to establish a unified family tribunal within the Court of Quebec, would make family mediation mandatory in the event that a couple with a child separates.

The goal of the bill is to simplify the legal process for families, but in its current form advocates say it raises serious concerns for women who are victims of domestic and sexual violence and their children.

At a joint press conference on Sunday, Manon Monatesse, head of the Fédération des maisons d'hébergement pour femmes, an organisation supporting women's shelters in Quebec, said mediation often works against victims of family violence.

Monatesse explained victims will often negotiate from a position of fear and give up critical rights in exchange for sole custody of their children as they seek to protect them.

Other times, she said, victims can feel pressured due to financial constraints or intimidation exercised by an ex-partner. 

"The state in which [victims] arrive at mediation is not free, voluntary, enlightened, or egalitarian," said  Louise Riendeau, of the Regroupement des maisons pour femmes victimes de violence conjugale, adding that power imbalances often lead to conjugal violence.

Although the proposed law provides an exemption to the mediation requirement for anyone who claims to be a victim, "many do not identify as victims, or would fear reprisals if they request an exemption," Monatesse added.

In addition to making family mediation voluntary, advocates are asking for systematic screening for domestic violence by trained mediators at the beginning of any judicial process. 

In a French statement to Radio-Canada, the office for Justice Minister Simon-Jolin Barrette, said the government was very sensitive to the reality of people who are victims of sexual, domestic, or family violence and their needs have guided many of its reforms in recent years. 

The statement continues by adding the same is true for Bill 91.

The minister's office said several groups who spoke during special consultations were in favour of mandatory mediation saying it should be used more widely when the best interests of a child are at stake, while others, raised concerns about the mandatory nature of family mediation, particularly when violence is involved.

"The bill has been enhanced to allow a victim of violence to avoid mediation by filing a confidential affidavit. In addition, we have removed the ability for a judge to sanction a person who falsely alleges to be a victim of violence," the statement read.

"We believe these adjustments will achieve the desired objective of encouraging the use of mediation while protecting victims of sexual, domestic, or family violence."

Furthermore, the justice minister's office noted that mediators are required to complete 60 hours of training, at least six of which must focus on the issue of domestic violence. 

Regarding the automatic screening of violence by family mediators, it said it was open to further discussions.