ST. JOHN'S, N.L. — In the opening line of his most recent published decision, Corner Brook provincial court Judge Wayne Gorman asked the same question that’s been on the lips of domestic violence victims, women’s advocates and others for ages.
“How many times can a man assault or threaten a former intimate female partner, while (as is often the case) bound by a court order not to have contact with her, until an exemplary sentence is imposed?” Gorman wrote. “In other words, when is enough, enough?”
Gorman posed the question as he sentenced 21-year-old Colby Michael Ford to 10 months in prison followed by three years of probation — more than what the Crown had been seeking — for threatening his ex-partner and breaching court orders, including one banning him from contacting her.
“I have chosen to impose the maximum period of probation allowed in order to provide Ms. X (the complainant) with the longest level of attempted protection allowed by law, though we know that court orders provide victims of intimate violence with little real protection from their assailants. This is one of the reasons why a completely different approach is necessary,” Gorman wrote in his decision.
He suggested the courts might consider implementing lifetime no-contact orders in cases of domestic violence.
In February 2019, Ford was sentenced to four months' jail time and two years of probation for assaulting his ex-partner on two different occasions. The probation order banned him from having any contact with the woman.
Three months later, Ford contacted her and threatened to burn her residence while she, pregnant at the time, and her family were inside.
The woman contacted police and Ford was charged. He was released with new court orders, including that he abide by a curfew, notify police of any change in address and not possess a cellphone or other mobile communications device.
Ford breached those orders multiple times between March 20 and May 11 of this year, resulting in his arrest. He has been in custody ever since. Earlier this month, he pleaded guilty to a charge of uttering threats and five charges of breaching court orders.
The Crown argued for an eight-month jail term and two years of probation for Ford. His defence lawyer argued for a jail sentence of 105 days.
Gorman’s sentence went further than both of them.
“You may think that I am overstating the danger Mr. Ford poses to Ms. X based upon two assaults, a threat and a failure to comply with court orders prohibiting him from having contact with her,” the judge wrote. “However, 25 years ago in its report, 'From Rhetoric to Reality: Ending Domestic Violence in Nova Scotia,' the Law Reform Commission of Nova Scotia described ‘violence against women by their spouses’ as constituting ‘a life-threatening situation which is not treated seriously by the legal system.’
“Twenty-five years later, has anything changed?”
No, says Michelle Greene, executive director of Iris Kirby House, which offers shelter and other supports to women in abusive domestic situations. Nothing has changed at all, she says.
“There has to be more than a no-contact order, or all they’ll end up with is a breach... A breach is nothing to the abuser, but to the woman, oh my God, it’s huge.”
— Michelle Greene
“I’m thrilled with Judge Gorman’s decision. There’s hope in his ruling, that he’s real enough to see the realities,” Greene said. “How many women have to die before other judges see this reality? The number of murdered and missing women in the country, let alone the province, is staggering and most all of them are the result of intimate-partner violence.
“I hope that (Gorman’s) way can permeate the justice system so that other judges can understand the absolute life-altering circumstances that domestic violence brings.”
No-contact orders aren’t enough, Greene said, and often do very little to deter an abusive partner or quell a victim’s fears. Greene said she sees it first hand, with partners showing up at the shelter to steal from vehicles and slash tires, despite extensive surveillance cameras and security and a quick response from police.
“There has to be more than a no-contact order, or all they’ll end up with is a breach. It’s almost a paper game,” she said. “A breach is nothing to the abuser, but to the woman, oh my God, it’s huge.”
Among cases of domestic violence that go through the court system, charges of breaching no-contact orders are common. They’re common in criminal cases in general, and make up the majority of charges on court dockets in the province on any given day.
Some have called on the courts take a more individualized approach to court orders in general. When it comes to domestic violence, Greene suggests the courts and other systems — health care and child protection among them — need to collaborate to end the cycle of violence.
“There’s a cycle of abuse, but also a cycle of violence and trauma. Power and control comes from somewhere,” she said. “It doesn’t excuse the behaviour, but when it comes to healing, we really have to heal from a trauma lens.”
Twitter: @tara_bradbury
