Saskatchewan womens’ organizations celebrate landmark Supreme Court decision

Saskatchewan continues to lead the country in intimate partner violence rates.

A Saskatchewan member association for women’s shelters and counselling services is celebrating its role in a landmark decision made by the Supreme Court of Canada.

The Provincial Association of Transition Houses and Services of Saskatchewan (PATHS) served as an intervener in the Supreme Court’s recent decision to create a new tort for Intimate Partner Violence (IPV).

• Supreme Court decides in favour of new rules around intimate partner violence

A tort is a type of civil legal claim which allows a victim to sue their wrongdoer for financial compensation due to harm caused.

On May 15, the Supreme Court’s Justice Nicholas Kasirer concluded that existing torts do not address the full harm caused by IPV, which he explained was best understood as coercive and controlling.

Kasirer said this conduct could limit a person’s dignity, autonomy and equality within a relationship which isn’t fully addressed by existing torts like assault or the intentional infliction of emotional distress.

“This decision is a significant development in how civil law responds to intimate partner violence. It is important to see the Supreme Court of Canada recognize a new tort of intimate partner violence grounded in coercive control, including conduct that deprives survivors of dignity, autonomy, and equality within an intimate relationship,” said PATHS Executive Director Christa Baron in a Tuesday news release.

“By confirming that these distinct harms can support an award of compensatory damages, the decision creates an important new avenue of financial redress for survivors.”

The ruling comes from Ahluwalia v. Ahluwalia, a case involving an Ontario couple that was married for 16 years.

Mr. Ahluwalia was accused of abusing Mrs. Ahluwalia physically and emotionally which limited her ability to make choices in the relationship.

Mr. Ahluwalia began divorce proceedings which Mrs. Ahluwalia agreed to.

During the proceedings, she asked for sole-decision making authority for their children, spousal support and damages for the abuse she suffered.

Mrs. Ahluwalia was awarded $50,000 in punitive damages at Ontario Superior Court of Justice but it was appealed by Mr. Ahluwalia, who conceded that his abusive conduct gave rise to liability under existing torts. The Court of Appeal for Ontario agreed with Mr. Ahluwalia that a new tort should not be created – prompting Mrs. Ahluwalia to appeal to the Supreme Court of Canada, which allowed the appeal in part.

“By affirming that intimate relationships are relationships of equality, autonomy, and mutual engagement, the Supreme Court of Canada has articulated a vision of partnership that aligns with contemporary Canadian values,” explained Neil McPhee, a lawyer with Scharfstein LLP – which represented PATHS in the matter.

“Intimate relationships cannot coexist with coercive and controlling behaviour.”