The Saskatchewan Advocate
Saskatoon's Domestic Violence Court
Tara Chornoby • Matthew Miazga • Saskatoon
September 20, 2005 was the first sitting of the new Domestic Violence Court in Saskatoon. Court is held each Tuesday in court room # 6, with docket matters at 9:30 a.m. and trials set for 10:30 a.m. and 2:00 p.m. The court hears all domestic violence cases in Saskatoon. Included are all spousal assaults, (including common law and same sex couples) harassment charges, peace bonds, and any other charges that arise out of a domestic situation.
One goal of the court is to provide early treatment to offenders to try to stop the cycle of abuse. The court is designed to recognize the impact of domestic violence on the family unit, respond to victim's needs, and to provide early treatment and supervision to offenders. Offenders are given a treatment option, which would be completed prior to sentencing and provide the accused with a mitigated sentence if treatment is successfully completed. The court utilizes existing programming through Probation Services, Mental Health, as well as a new program, Napewak e-acimoyahk ("Men Telling Stories"), which is a coordinated program by Mental Health and the First Nations community.
A Domestic Violence Court case worker has been hired, who contacts all victims and provides them with support from the initial charge through trial and sentencing. The case worker provides information to the court through the victim's perspective and is an advocate for the victim. One goal of the court is to have the victims as active participants, rather than simply sitting on the sidelines. As well, the case worker ensures that court orders are tailored to meet the needs of the victim. The victim is contacted through each stage and is encouraged to give input on how the treatment is proceeding.
All domestic abuse matters are heard through this court, regardless of the accused's election to proceed through the new program. If the accused elects to participate in the program, a guilty plea is entered and an Agreed Statement of Facts is signed. On each Tuesday, the Crown Prosecutor, DVCCW, probation officers and court workers are available before court beginning at 8:45 am to discuss possible options for cases and set any trial or preliminary hearing dates and provide any further information about the court and programming to accused or their lawyers.
All cases that meet the DVC programming criteria will be assessed by Probation Services to determine the suitability for programming. The matter will be adjourned three weeks to have this assessment completed. Cases that do not meet the criteria will proceed to sentencing in the normal fashion, but all appearances will still occur in the DV Court. If an accused elects not to participate in the program, he or she can change their plea to guilty at any time prior to the actual trial date and move into the program, if they meet the criteria.
Some of the criteria that Probation Services considers is the acceptance of responsibility by the accused, the ability of the accused to attend weekly treatment for several months, no other charges pending which involve violence, what programming the accused has participated in previously, and no psychiatric or psychological issues which would prevent participation in the program.
Once the assessment is completed by Probation Services, they will prepare a report and the matter will be adjourned one to two months with written updates on the treatment progress until programming is completed. After treatment is concluded, the accused is sentenced by the court, with the completed treatment being a substantial mitigating factor in sentencing. If the accused fails to complete the treatment, the court will sentence the accused, and the failure to complete treatment would be taken into account by the court when passing sentence.
The court is still in its early stages, but seems to be a great success to this stage. There are over 350 charges currently before the court, and there are approximately 10 to 15 new cases each week.
