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La Cour suprême reconnaît le délit d’intimate partner violence fondé sur le contrôle coercitif dans une relation intime et confirme 100 000 $ en dommages compensatoires.
The Supreme Court of Canada recognized a new tort of intimate partner violence, holding that coercive control in a marital relationship can create a distinct civil wrong.
The offender's conduct—intentionally driving at the victim at high speed for approximately 10 seconds, using the car as a weapon in the context of an acrimonious intimate relationship, compounded by substance misuse, lack of insight and high risk of reoffending—placed her at the high end of moral blameworthiness (near murder). A custodial sentence of 10 years was required to denounce the conduct, deter others, protect the public and reflect proportionality; a Conditional Sentence Order was inappropriate. Ancillary DNA and a 10-year weapons prohibition were ordered.
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The Ontario Court of Appeal dismissed Kenneth Greer’s sentence appeal and upheld a five-year global sentence for offences arising from escalating intimate partner violence and firearms offenses.
The Court of Appeal set aside summary judgment against Eberhard Wey, finding genuine trial issues on limitations, res judicata, and abuse of process in light of alleged intimate partner violence.
Leave to appeal the sentence was granted but bail pending appeal was denied because the appellant failed to meet the statutory test: the appeal lacked sufficient merit to make detention unduly harsh given the Crown's offer to expedite the appeal, and the appellant's detention is necessary in the public interest because affidavit evidence and conduct on bail and in custody demonstrated a real risk to public safety (intimate partner violence, attitude towards violence against women, substance misuse, and unsecured loaded firearms in the presence of a minor); enforceability interest was high and…
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On the evidence before the court the children had settled in their father's interim care, the mother had not completed required services nor demonstrated sufficient insight to mitigate the risk posed by her prior abusive parenting (including physical biting), and therefore it was not in E.O.'s and H.O.'s best interests to be moved; continuance of the father's interim care under Ministerial supervision is the least intrusive and safer option.
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The bail application was dismissed because the applicant failed to show his grounds of appeal clearly surpass the minimal "not frivolous" standard (ineffective assistance claim was underdeveloped and consent findings were well grounded and entitled to deference; the sentence ground was undeveloped), and because detention in the public interest was necessary: public safety and enforceability concerns arising from a pattern of intimate partner violence and repeated breaches of release conditions outweighed the reviewability interest.
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The IAC ground surpasses the minimal non‑frivolous threshold, but the applicant's detention was necessary in the public interest: given the seriousness of the offences, the applicant's lengthy record of breaches and violence, the risk to the complainant and public safety, and the limited utility of monitoring measures, bail pending appeal was refused.
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After convicting James Rektor of four assaults against his former wife, the court imposed 33 months’ imprisonment, plus no-contact and weapons orders.
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