Family Violence and Family Law in Alberta: The need for legislative reform and expansive statutory interpretation.

• Date: 01 September 2021
• Author: Koshan, Jennifer

Alberta has made some progress in its response to family violence, but there are areas where we are falling behind, including family law.

November is Family Violence Prevention Month in Alberta, providing a good opportunity to reflect on the laws that address family violence in this province. Alberta has made some progress in its response to family violence, but there are areas where we are falling behind, including family law.

Canada's Divorce Act

In March 2021, new amendments to the Divorce Act took effect. For the first time federally, family violence is explicitly included as a factor relevant to the best interests of the child. Now it is explicitly relevant to judicial decisions and negotiated agreements on parenting. Family violence is defined broadly in the Divorce Act to include:

any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person--and in the case of a child, the direct or indirect exposure to such conduct. Section 2(1), emphasis added The Divorce Act also lists a wide range of conduct as falling within the definition of family violence. The list includes psychological and financial abuse, threats to or the actual killing or harming of animals, and damage to property (see section 2(1)). Submissions from family law experts, and anti-violence and equality-seeking groups informed this definition (see an example brief).

Alberta's Family Law Act

The Divorce Act applies to parties seeking a divorce in Alberta. For...