Niki Sharma, Attorney General, has released the following statement about the Supreme Court of Canada's decision in Ahluwalia v. Ahluwalia case:
“We welcome the decision today from the Supreme Court of Canada in the Ahluwalia v. Ahluwalia case. This ruling is a historic, monumental step forward that will change how intimate-partner violence is addressed by Canada’s courts.
“Intimate-partner violence is a devastating and widespread problem that affects people across our country. Survivors too often suffer in silence and without the justice they deserve. While this issue is not unique to British Columbia, we take our responsibility to address it seriously. The Province intervened in this matter to support the establishment of a new intimate-partner violence tort so that survivors can be seen, heard and supported with meaningful pathways to accountability for the harm they have experienced. Torts allow victims to seek financial compensation in civil court.
“We are proud to have played a role in this historic outcome. The court’s recognition of a new tort will allow survivors of intimate-partner violence to seek compensation from their abuser for the unique harms that were not sufficiently captured by the existing legal remedies.
“Specifically, the new tort will address intentional abusive conduct during an intimate relationship, or after it ended, that amounts to coercive control. This can include behaviours like physical and sexual violence, emotional and psychological abuse, stalking, isolation, threats and intimidation, financial control and litigation abuse. The ruling also establishes a defined legal framework for assessing these claims, providing survivors with a clear pathway to seek compensation.
“This ruling will make a meaningful difference for survivors and build on the work underway in British Columbia to better support them, including initiatives such as the Family Law Act modernization project, the Intimate Images Protection Act and our advancing work related to Dr. Kim Stanton’s recommendations to address systemic and legal barriers in B.C.’s legal system.
“While this decision is receiving public attention due to the important issue of a tort of intimate-partner violence, it is also important to remember that there are very real people behind this decision who suffered and may continue to suffer the devastating impacts of intimate-partner violence.
“Our government remains committed to ensuring survivors of intimate-partner violence have access to meaningful, trauma-informed pathways to safety, accountability and justice. We will continue working toward strengthening protections and supports for those who need them.”
