Despite an improvement in the Yukon legal system for female victims of violence, they still face lots of issues, according to the latest Court Watch Yukon (CWY) report.

The 30-page report was released on Friday.

It presents findings from over a year of observations in court and interviews with victims of spousal violence and sexual assault.

The situation has improved since the last report the group made in 2005.

However, safety concerns, delays and victim-blaming language are still there, which both discourages women from reporting crimes and testifying, but also re-victimizes them.

More than 30 CWY volunteers sat through trials, bail, sentencing and Domestic Violence Treatment Option (DVTO) hearings – a therapeutic court – from May 2014 to June 2015.

Safety concerns must be addressed consistently, which isn’t always the case, CWY notes.

“Victim safety must be a prime concern for its own sake for all involved in the court system and to encourage more victims to stay involved with court proceedings,” the report notes.

That means taking the appropriate measures during bail – for example, a no-contact order – but also relying on CCTV testimonies to make women feel safer.

Sexist questioning

Questions and language used by defence lawyers keep coming back throughout the report as problematic.

In two cases of sexual assault, “questions asked by defence in order to challenge victim’s credibility, revealed sexist ideas and victim blaming (stereotypes).”

The report wonders whether Crown prosecutors prepare witnesses well enough before testifying, so they know what to expect in cross-interrogation.

“It’s the kind of questions that would never be asked to men,” said Reem Girgrah, CWY’s volunteer coordinator, citing questions about the clothes the victim was wearing, or why she hadn’t left a party earlier.

Girgrah noted that alcohol and substance abuse was used as a mitigating factor for male offenders, while at the same time being used to blame women.

Blaming the victim

Volunteers also looked for signs of mutualizing – partly blaming the victim for a crime – and minimizing the offender’s action during court hearings.

They noted that cases of spousal assault were sometimes called “argument” or “altercation.”

“This has a direct effect on the victim and may have an effect on sentencing outcomes,” the report notes.

In other cases, the judge would describe the relationship as “toxic”, “violent on both sides.”

“It removes the responsibility from the accused and places blame partially on the victim for the incident,” the report points out.

Instances of sexual and physical assault should be clearly labelled as such.

“Use more accurate description of violence, including victim responses, for a better picture of the incident, making it more difficult to say that the accused was confused and show that violence is deliberate,” the report states in its final recommendations.

Violence should be put back in its context and the dynamic that comes with it, it adds.

“Unlike DVTO, the dynamics of violence against were not consistently addressed in trials.”

Delays in proceedings remain a major barrier.

“There continue to be lengthy and repeated delays of proceedings which can jeopardize a woman’s safety.

“Victims still fear retaliation from community members for reporting crimes by family members and for appearing as witnesses.”

More communication is also needed between Crown and witnesses, so they understand the procedures and the decisions taken.

“There continue to be stays of proceedings which victims do not understand and service to silence women’s voices and prevent a full understanding of the impact of the assault on the victim,” the report reads.

Different parties – RCMP, the Department of Justice, and the Crown’s office – were presented with the recommendations back in August 2015.

Since then, Court Watch Yukon has already seen positive changes in court.

“We’ve noticed Crown using language not as mutualizing as before,” explained Girgrah.

“The judiciary, the Crown, and the lawyers, are all interested in what the recommendations are.”

Issues with the Crown

The report also noted problems with how Crown prosecutors handle cases, for example the low use of victim impact statements (VISs).

In the Canadian justice system, once an accused has been found guilty, the victims can file a VIS, detailing the impact the crime has had on their lives.

The judge will take that into account during sentencing.

“In a few cases, judges commented that because they did not have a VIS, they could not assess the harm done to the victim and have that reflected in the sentence or add a condition the Crown requested,” the report notes.

Out of 18 recommendations, increased use of VISs ranks number two.

VISs take time to prepare, and Crown prosecutors should plan early on to give victims the opportunity to work on them.

The group also points out the use of different prosecutors for the same file as problematic.

“This creates a lack of continuity and confusion for the victims,” the report states.

“It also seems detrimental to the case since, in the case observed, there seemed to be a lack of communication between the various Crown counsels which weakens their arguments.

When the judge corrects the information presented, CWY volunteers felt a lack of confidence in the justice system”

Inappropriate behaviour

The report did note inappropriate behaviour by court personnel, members of the legal community and support workers, before and during hearings.

It ranged from comments affecting confidentiality to disrespectful behaviour.

The report mentions instances of RCMP members and sheriffs falling asleep, looking at their phones or “losing track of the accused while chatting to others in courts.”

It noted lawyers would sometimes get into arguments before a hearing was to start, “creating an adversarial atmosphere,” and sometimes even making “inappropriate comments about other members of the legal community.”

Since last September, CWY has resumed its work monitoring the courts.

It will continue its work for bail hearings, trials and sentencing but is also looking at women accused of spousal assault.

“It will be interesting to observe and analyze court dynamics in the cases of women criminalized in their responses to violence at the hands of their partners,” the report concludes.