POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

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c) Problems with Third Party Intervention Police Response"It was a neighbour of mine who called the police. When the police came in it wasout of my hands totally. My whole life changed. All of a sudden I wasn't allowedto make any decisions. He [police] didn’t have discretion… Officers are to chargeeverybody no matter what. So, the officer did what he was told and destroyed mylife without even asking me… They were really upset when I refused to go tocourt. The process of court and jail is not a solution for the problem..."This case scenario presents the dilemma of third party intervention where the womaninvolved resented such an invasion of privacy.In this case, the law enforcers fully executed the mandatory charging policy withoutrelying on police discretion. In the Northwest Territories, the police respond to ThirdParty calls concerning domestic violence when it is reported by nurses and socialworkers. Prince Edward Island police responded that if the assault is 'in progress',police will respond immediately. If the Third Party report is made after the assault, policewill question the alleged victim.It can be surmised that the police exercise caution when responding to Third Partycomplaints due to the probability of dealing with unreliable or hostile witnesses. When aThird Party does report a domestic violence situation, one respondent found that "RoyalCanadian Mounted Police will then take the first step in talking to the victim". Goodrapport between the Royal Canadian Mounted Police and the victim is very important.One unidentified individual provided this insight:"Either the abused party or some other person with knowledge that a crime ofdomestic violence has occurred can call the police, but the police must havereasonable and probable grounds before a charge can be laid, and often suchgrounds only exist if the abused party will speak to police."Probable reasons for Third Party intervention ranged from overcoming language orcultural barriers, no telephone in abuser's or victim's home to victim fear to report.Although the onus can shift from the victim to a Third party, the main problem for policestems from ascertaining the reliability of witnesses, gathering evidence, and having thevictim follow-through with charges once they are laid. 88Contributors to the chapter include: Ontario Solicitor General; RCMP Ottawa; Native para-judicial Services of Quebec;Government of the Northwest Territories; RCMP Winnipeg; Arctic PLEI; Brandon City Police; Judge Coutu; ConneRiver; Saskatchewan Justice; Labrador RCMP; NWT Social Services; Ministry of Community and Social Services,Windsor, Ontario; Native Clan Organization; RCMP Campbell River; Ma Mawi Wi Chi Itata Centre, Winnipeg,Manitoba; Happy Valley RCMP; Chief Coroner, Department of Justice, NWT; RCMP Burnaby; University ofSaskatchewan, Saskatoon, Saskatchewan; Hey-way'-noqu' Healing Circle for Addictions Society, Vancouver, B.C.;RCMP Regina, Saskatchewan; Akwesasne Police; Six Nations Police; Siksika Nation Police Services; Gitksan-Wet'suwet'en Education Society, Hazelton, B.C.; Tony Mandamin, Alberta; Charlottetown, P.E.I. RCMP.Pg. 18
8. Chapter 3 - Reluctance To Report Aboriginal DomesticViolenceAre Aboriginal women reluctant to lay charges if their husbands or boyfriendsbeat them? Explain briefly.Forty-seven respondents provided valuable insight concerning the reluctance ofaboriginal women to lay charges if their spouse or boyfriend beat them. Respondentsfrom the police and Native Justice Projects stated that there were a variety of reasonspreventing aboriginal women from reporting violent actions committed against them.After analyzing the results, this question served to expose some of the weaknessesinherent in the mandatory charging policies.a) Fear of Retaliation of SpousesNative Justice ResponseMost respondents reported that aboriginal women may not follow through with chargesfor fear of retaliation and because there has never been anything done before to stopmale violence in the community. Aboriginal women are intimidated by their spouse or donot want him to go to jail. Aboriginal women also feel intimidated and at further risk oncethe charge has been laid. Aboriginal women are also concerned about what will happenif the abuser does jail time, and then returns home. The main reason for this fear is thatthe violence will get worse especially if the abuser is not incarcerated and is out on thestreet.Police ResponseIn the northern communities, aboriginal women are afraid to report spousal assaults tothe police. Reasons behind this are that they have very little support from thecommunity as a whole and that they have very little support from the community.Victims also have limited resources. Fear of reprisal from the spouse is also a mainconcern. Sometimes, there is pressure from the community or spousal threats andpressure which makes aboriginal women reluctant to call police in family violencesituations. Akwesasne reported that aboriginal women are reluctant to involve policebecause of embarrassment and possible repercussions. The woman also finds that it issocially unacceptable to have charges laid against a spouse or live-in boyfriend. Evenwhere the abuse is reported by a Third Party, police must still interview the woman andshe will be asked to testify against the accused. There may be, however, additionalcultural barriers facing aboriginal women causing them to not report assaultivebehaviour. There are many dynamics involved in these situations and non-reporting iscommon for several reasons: the victim's fear of retaliation, protection of the accused,and the belief that nothing will be done as a result of reporting the incident.Pg. 19
Page 1 and 2: Native Women’s Association of Can
Page 3 and 4: 9. Chapter 4 - What Alternatives ar
Page 5 and 6: 2. IntroductionThe results of this
Page 7 and 8: Recommendation 7The charging polici
Page 9 and 10: Recommendation 20It is recommended
Page 11 and 12: 6. Chapter 1 - Mandatory Charging P
Page 13 and 14: British Columbia, one respondent no
Page 15 and 16: Discrepancies concerning the applic
Page 20 and 21: ) Mistrust of the Justice SystemNat
Page 22 and 23: g) Problem with the Failure to Foll
Page 24 and 25: j) The Community Must Take Responsi
Page 26 and 27: 9. Chapter 4 - What Alternatives Ar
Page 28 and 29: The Northwest Territories' responde
Page 30 and 31: Men with violent tendencies must de
Page 32 and 33: Geographical barriers prevent abori
Page 34 and 35: noted that it was only in the last
Page 36 and 37: 11. Chapter 6 - Discerning the Role
Page 38 and 39: causes." Tribal police are credited
Page 40 and 41: c) Need to Provide and Support Alte
Page 42 and 43: f) Need for Self-Policing for First

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