POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

The following examples of charging discrepancies are evidence that the mandatorycharging policies are not followed consistently across the country. In Newfoundland, theR.C.M.P. will automatically lay charges, but it "cannot be withdrawn without thecomplainant wishing the same." In Quebec, the police also do not lay chargesautomatically where they feel the need to establish factual evidence first. In one Ontarioregion, the police lay domestic assault charges 'only' where they can establishreasonable and probable grounds to do so. In Yellowknife, Northwest Territories, onerespondent stated the onus is on the victim to lay charges 'if' she wishes. Charges arenot laid automatically, in some instances, because the investigating police officer mightwant to collect evidence, take the offender or victim in for questioning, provide a coolingoff period, or allow the victim the prerogative of rescinding the charge.c) Failure of the Victim to Follow-Through With ChargesNative Justice ResponseAs stated, the mandatory charging policies were intended to relieve the victims ofviolence from laying charges in domestic violence situations. Perhaps the biggestchallenge for an aboriginal female victim, however, is to follow-through once a chargehas been lain. A respondent from Bums Lake, British Columbia, noted that women "whorefuse to give statements, or appear as witnesses...may result in the case not goingahead." A legal writer suggested that the apprehensions of aboriginal women in layingcharges stems from a "lack of public knowledge within the aboriginal community thatspousal abuse and domestic violence are crimes."Failure to follow-through with the assault charges also might be affected by suchvariables as to whether the accused is a first time offender, the victim's sympathy for theaccused, or whether alcohol was a factor. Every domestic violence situation is different,but the victim's safety and that of her family are paramount.Police ResponseIn Alberta, it was reported that charges are usually laid if the victim cooperated, followedthrough with the charging process, and the evidential circumstances of the assault wereproved. Many law enforcers felt they needed the full cooperation of the victim to securethe conviction of the offender. Without concrete evidence to make the charges hold upin court, some police, even with a mandatory charging policy, do not seem confident inthe system. This seeming lack of confidence in the criminal justice system, on the partof police and the victims, demonstrates the ineffectiveness of the mandatory chargingpolicies. The mandatory charging policies fail if the burden of laying charges remainswith the victim and not with law enforcers.d) Problem of DiscrepanciesNative Justice ResponsePg. 14