Advocates question delay to 'life-saving' ankle bracelets for those accused of domestic violence

A provincial advocacy group is urging the government of Newfoundland and Labrador to implement ankle bracelet monitoring for people who are accused of serious or repeat intimate partner violence crimes and released on bail.

While the program is already in place for people convicted of offences and released from custody on temporary absences, conditions or probation, the Act Now intimate partner violence reform committee wants to see the measure extended to the pre-conviction stage.

Angie Brenton, committee member and family service case manager at the St. John's women's shelter Iris Kirby House, says bracelets would provide some immediate relief to victims.

"If you're not going to reprimand someone to custody for a high-risk intimate partner violence crime, then at least provide some type of safety measures to that person so they can live their life without constant terror," she said.

"Terror is what we're seeing. And we're seeing the iceberg here at Iris Kirby House."

The committee's calls come almost one year after former justice minister John Hogan told CBC News he expected the measure to be in place within the coming "weeks or short number of months," and that his department had hired a co-ordinator to introduce it.

Yet, despite meetings with Hogan's successor Bernard Davis in the fall, as well as more recently with the newly-formed ministerial committee to end gender-based violence, Brenton said the committee is still waiting.

"We call ourselves Act Now. So, tangible action in the near future," she said. "We're past the point of studies and task force. All that has been done."

She said extending the monitoring measure would put accountability on the accused who often breach their conditions, while easing the burden on the system.

"I would, easily, be confident in saying that 40 per cent of the court docket is related to intimate partner violence," said Brenton.

"I've seen one particular accused person of three serious intimate partner violence crimes on the docket, who had other petty crimes, as well, but had 17 breaches of conditions.… How much resources is that causing the RNC?"

Fellow committee member and Iris Kirby House team lead, Stephanie LeGrow, said ankle bracelet monitoring at the pre-conviction stage is one recommendation the group made to the provincial government based on its direct work with people fleeing intimate partner violence.

"People are being victimized, people are being terrorized, and sometimes people are dying because of intimate partner violence in our province," she said.

While police are "doing what they can when it comes to their ability to charge when there's evidence available," said LeGrow, there are gaps in the system.

"There's very little protection in between when a person charges her partner with intimate partner violence crimes, and then that person is let out on bail," she said.

"Right now, if there is no ankle bracelet monitoring, if there's no real education in the legal system around the dynamics of intimate partner violence, there's very little that's protecting the survivor."

According to Act Now, ankle bracelet monitoring is in place in other provinces — like Manitoba and Prince Edward Island — where the program is used as a release condition specifically for those accused of intimate partner violence crimes.

For Danya O'Malley, ankle bracelets are "a proven and helpful safety measure."

O'Malley is the executive director of non-profit organization P.E.I. Family Violence Prevention Services.

She said while it's possible that a death labelled accidental was, in fact, a homicide, there have not been any publicly-known cases of women killed by current or former partners on the island since 2015.

"And that is surprising. That is below the national average. It's below what we would expect for a population of our size," said O'Malley.

She said while there are a number of measures in place that contributed to that statistic, "electronic monitoring would likely be part of that."

O'Malley was surprised to find out that the program is not in place at the pre-conviction stage in Newfoundland and Labrador.

"Given that we know so much about this, we know that it's happening, we know the rates across Canada … I think every level of government, everybody working on this issue has a personal responsibility to do whatever they can to prevent deaths," she said. 

"And so whatever can be implemented, it needs to be implemented."

Back in St. John's, Olivia Lynch believes first-hand experience like O'Malley's should encourage the province to extend the use of electronic monitoring. 

"This is a life-saving measure and it is an evidence-based tool. It's proven to work," said Lynch, executive director of Violence Prevention Avalon East and Act Now member.

"There is really an element within ankle monitoring that deters offenders and protects victims."

Lynch said the committee is unsure what has happened since Hogan's commitment to the measure.

Meanwhile, in an interview with CBC News, Justice Minister Bernard Davis said several times that ankle bracelet monitoring is already in place, despite repeated questions emphasizing the difference between its use pre-conviction versus post-conviction.

"We have 60 electronic monitoring systems currently in place in this province, 39 of which are being utilized by offenders right now," said Davis.

Regarding other measures to curb intimate partner violence in the province, Davis said work has been done, including a new educational campaign on intimate partner violence resources in the province, and the introduction of Clare's Law, which allows people concerned for their safety to request information on their partner's criminal history.

"We understand it's an epidemic around this country, around this globe," said Davis.

In an emailed statement after the interview, a department spokesperson confirmed that electronic monitoring is a condition of a court order issued following a conviction and is not currently available pre-conviction. 

According to the statement, "work is ongoing to examine its future implementation and its viability in the province."

The department did not respond to requests for a follow-up interview with Davis.

Meanwhile, Brenton believes every day the measure isn't implemented, it's putting victims of intimate partner violence at risk.

"I think the justice system is letting them down. There needs to be changes," she said.

"There has been women killed in the past year. There's going to be something happening again. And it wouldn't surprise me if it happens very soon."

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