Critics warn changes to family courts could re-victimize women who’ve been abused

Proposed changes to B.C.’s family law rules are raising concerns that women could be put at risk.

The Ministry of Justice is reviewing the family court system amid a national push to make the system more efficient and less adversarial.

But while the province says it’s focused on reducing court time, increasing access and simplifying paperwork for applicants, a group that supports women who have been abused says the revisions are actually dangerous.

“Within abusive relationships, you cannot create a level playing field,” said Battered Women Support Services executive director Angela Marie McDougall.

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McDougall participated in an “early engagement process” the province established to consult on the proposed changes — and said one proposed provision in particular is raising red flags.

That change would send many cases to an attempt at “Consensual Dispute Resolution” before they went to court, a mechanism that involves mediation between the family members.

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“There’s enough research in the field already, and our experience has demonstrated that these processes are not safe for women who are dealing with violence,” McDougall said.

Mediation — even if it isn’t face to face — gives power to abusers, who often know how to target their victims through an unknowing third party, McDougall said. She wants Attorney General David Eby to change course.

“These process just cannot recognize the continued impact of violence and the nature of power control dynamics involved in abusive relationships.”

McDougall said safeguards the ministry is proposing don’t protect women, who shouldn’t have to interact with their abusers.

For its part, the Ministry of the Attorney General says the draft rules are not complete but when they are, they will be subject to public consultation.

In a statement, it said Eby has also reviewed concerns from the Battered Women’s Support Services, and wants to arrange a meeting to discuss them further.

The ministry adds it wants to develop a model that is accessible and safe for B.C. families