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Seattle University Collaborative Projects - International Academy of ...

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Code, expert opinion evidence assessing risk is required in cases in which a dangerous <strong>of</strong>fenderor long term <strong>of</strong>fender designation is sought by the prosecution. In civil proceedings, the use <strong>of</strong>expert opinion evidence to assess risk is not required by statute although submissions may bemade by counsel on the risk <strong>of</strong> future harm, based on past misconduct. In civil cases, questionsabout the validity <strong>of</strong> risk assessment evaluations may limit the admissibility <strong>of</strong> opinion evidencebased on such evaluations. Mental health pr<strong>of</strong>essionals who are assessing the risk <strong>of</strong> harm bothto adults and children in family law cases need to understand the relevant rules on theadmissibility <strong>of</strong> expert opinion evidence and be aware <strong>of</strong> the limits on admissibility whenpreparing reports for use in Court.Domestic Violence: Post MortemMary Ellen Turpel-Lafond, British Columbia’s Representative for Children and Youth, Victoria,Canada (maryellen.turpellafond@rcybc.ca)Judge Mary Ellen Turpel-Lafond is the Representative for Children and Youth for the Province<strong>of</strong> British Columbia, and an independent Officer <strong>of</strong> the Legislative Assembly. She is a judge <strong>of</strong>the Provincial Court <strong>of</strong> Saskatchewan, on leave during her assignment to oversee the childwelfare system and improvement for children and families. Judge Turpel-Lafond will describeher work conducting inquiries into domestic violence homicides with child victims, and theopportunity to build collaborate systems <strong>of</strong> support for children and families to protect themfrom violence. In particular, she will discuss the development <strong>of</strong> tools and approaches in thechild welfare, family law, criminal justice, health and education systems to support victims,especially children, exposed to domestic violence.Domestic Violence: Intimate Partner Violence (IPV)Jocelyn Coupal, Crown Counsel, Vancouver, Canada (jocelyn@spotthesigns.ca)This paper will discuss systemic concerns surrounding risk assessment <strong>of</strong> IPV between Criminaland Civil Courts in Canada. In contrast to Criminal Law proceedings, in Family Lawproceedings there is no requirement that there be any case screening for the presence <strong>of</strong> riskfactors prior to determining the course a case will take through the Courts. And <strong>of</strong>ten, theCriminal Justice System has never been involved with the family so there is no formal record <strong>of</strong>a prior history <strong>of</strong> violence or formal risk assessments. Without a thorough and fully informedability to assess the risk <strong>of</strong> harm and lethality in a given case, the reality is that Justice Systemparticipants (lawyers, mental health pr<strong>of</strong>essionals, family court counsellors, etc.) cannot respondeffectively to the needs <strong>of</strong> families who have experienced violence. The proper administration <strong>of</strong>justice ought to require that all those involved in these cases, (within the context <strong>of</strong> their roles)ensure that Judges are provided with the information they need so that informed decisions can bemade and the safety <strong>of</strong> families is the paramount consideration in the decision making process.353

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