NCJ Number
152561
Journal
Canadian Journal of Women and the Law Volume: 6 Issue: 2 Dated: (1993) Pages: 502-512
Date Published
1993
Length
11 pages
Annotation
This comment examines two cases in which Canadian adjudicative bodies failed to recognize the gender dynamics of violence against women.
Abstract
In L.(A.) v. Saskatchewan (Crimes Compensation Board), an abused wife who sought compensation from the board was given a reduced award because she had not left her husband and because she had thrown his clothes into a suitcase, presumably provoking him. In Pigeau v. Crowell, P.C.J., a woman who refused to testify against her husband after she had laid a complaint against him for abuse was arrested and imprisoned for 5 days. She was eventually awarded compensation for humiliation and distress because of the particularly insensitive aspect of her treatment, but only one of three courts took into consideration her experience as an abused wife. Both cases show how the legal system reinforces the victimization of women who have already been subject to abuse. Although the law pertinent to women's violent victimization has been informed by feminist analysis, these cases indicate that the extent of this impact is still limited. 37 footnotes