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Police officers often leave the scene of many domestic dispute calls, unable to collect evidence needed to lay charges against the accused. They may find the residence in order, no visible signs of injury, and denial/refusal of all parties to provide statements to the police. Police officers may be called to respond to couples with repeated calls to emergency response, leaving without evidence on numerous occasions. As a result, many police officers may go to calls with preconceived notions about the risks and dynamics in intimate partner relationships, potentially impacting the kind of intervention used. Based on analysis of 1,032 domestic dispute files in Fredericton, NB, this paper explores police officer intervention before and after training on responding to intimate partner violence. It compares formal intervention, such as charges and arrests; collection of evidence, including written and oral statements from victim(s) and witness(es); and informal strategies used by police officers who respond to the scene of a domestic dispute, such as temporary separation of victim and accused, providing transportation to another residence, and contacting a shelter on behalf of the victim or accused.
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Family violence in Canada: A statistical profile is an annual report produced by the Canadian Centre for Justice and Community Safety Statistics at Statistics Canada as part of the Federal Family Violence Initiative. Since 1998, this report has provided data on the nature and extent of family violence in Canada, as well as an analysis of trends over time. According to Justice Canada, a considerable amount of Canadian resources are directed to address this issue including health care costs, costs to the justice system, to employers and businesses, and to social and community services (Justice Canada 2017). Text box 1 Police-reported crime and calls for service during the COVID-19 pandemic In the early months of the COVID-19 pandemic in Canada, the Canadian Centre for Justice and Community Safety Statistics at Statistics Canada began collecting monthly data from police services to track information on selected types of Criminal Code violations during the pandemic. Inversely, as individuals spent more time at home with family during the pandemic-while working from home and participating in virtual learning-heightened stress due to social isolation, economic uncertainty and increased substance use, among others, could lead to an increase in family violence (Campbell 2020; Usher et al. 2020).
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The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases.
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On June 8, 2020 the Ontario Attorney General Doug Downey said that the Crown would be seeking leave to appeal Sullivan & Chan to the Supreme Court of Canada. 12 This is a time of opportunity in the intoxication/NMDA sphere. The Supreme Court will (likely) have an opportunity to define this defence and requisite elements, and/or Parliament will have an opportunity to redraft s. 33.1 to bring much needed clarity. This comment will give some thoughts on the appeal of Sullivan & Chan, and the state of intoxication and automatism going forward examining both the voluntariness and the mens rea required.
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