JS 398AG FINAL EXAM

Private violence

all violence that occurs in a private context

Domestic violence

all members of the family

Family violence

preferred term specifically for violence

between family members

• Includes intimate partner violence (IPV)

• Includes child abuse

• Includes elder abuse

• Includes violence between siblings and other family members

Act of Commission

acts that are committed upon an individual

• Physical

• Sexual

• Psychological

• Economic

• Social

• Spiritual

Acts of Omission (neglect)

purposeful withholding of acts

• Physical

• Emotional

• Medical/dental

• Educational

• Supervisory

• Violence exposure

IPV

abuse or violence that occurs:

• within a marriage, common law, or otherwise dating

• In both different-sex and same-sex relationships

• Affects all genders

• During the relationship, during separation, or after it ends

Motivation for IPV

• violence = tool but is a power

• exert dominance in the relationship and gain control over aspects of victim’s life

The Power Control Wheel

shows abusive tactics that

partners experience in IPV

Learned helplessness

doesn’t matter what I do, can’t change my situation

Forms of Family Violence in Canada

• child abuse and neglect

• neglect

• elder abuse

• violence based on honour

• forced marriage

• female genital mutilation

Child abuse and neglect

legally: harm or risk of harm experienced by a person under 18 years of age within a relationship of responsibility trust authority

Neglect

failure to provide necessary care, supervision or protection

Includes:

• Inadequate food, clothing, shelter

• Failure to provide medical care

• Lack of supervision

• Emotional neglect (withholding affection, support, or attention)

Elder abuse

Any action, behaviour or failure to act, by a person in a position of trust, like an adult child, family member, friend or caregiver, that causes or risks causing harm to an older adult

• Includes:

• Physical, sexual or emotional harm

• Damage to or loss of property or assets

Missing Persons

1. The person’s whereabouts are unknown and,

• the person has not been in contact with people who would likely be in contact with the person, or

• it is reasonable in the circumstances to fear for the person’s safety because of the circumstances surrounding the person’s absence or any other prescribed considerations

2. A member of a police force is unable to

locate the person after making reasonable efforts to do so

Missing Persons - Trends in Canada

• 90% resolves within 24-48 hours

Direct Victimization

• a crime has been committed

• harm us identifiable

• there is an offender

Example in missing persons cases:

• Abduction

• Homicide

• Human trafficking

• Assault

Risk-based victimization

recognizes:

• exposure to significant harm

• heightened vulnerability

• structural precarity

• A missing person may face:

• Environmental danger

• Exploitation risk

• Violence exposure

• Survival risk

• Victimization may exist before harm is confirmed

Police response to missing persons

• initial response

• investigation and search

What contributes to these issues (marginalized women, MMIWG, LGBTQ)

• resources

• training

• police derception

• broader

Routine activity theory

• Argues that crime occurs when three elements converge:

• Motivated offender

• Suitable target

• Absence of capable guardianship

• Application to Missing Persons:

• going missing often removes guardianship

• disconection from faming social networks weakens protection

Interactionist perspective

argue that:

• certain characteristics highten risk because offenders percieve them as exploitable

• Relevant traits may include:

• Age

• Gender

• Social marginalization

• percieved isolation

• Offenders assess vulnerability

Lifestyle exposure theory/lifestyle theory

suggests victimization risk is shaped by:

• Daily routines

• Social associations

• Time/place exposure

• In missing persons cases, vulnerability may intersect with:

• homelessness

• substance dependency

• survival work

• transience

•exposure shapes risk

Cultural construct

is a concept or behaviour that gains me acting through shared beliefs and social norms. rather than being inherently defined by law

Quasi-Criminal Acts

Are behaviours that:

• cause real harm

• May resemble criminal behaviour

• But are not always illegal or prosecuted

• They often exist in a grey zone between social misconduct and crime

• are considered a crime in give place or circumstance but may not

• Examples include:

• Harassment

• Doxxing

• Non-consensual image sharing (before criminalization)

4 parts to understanding victimization according to Sacco and Kennedy’s criminal event perspective

1. victim interest

2. offender interest

3. private sphere

4. public sphere

Types of bullying

• physical bullying

• emotional /psychological

• cyberbullying

• social

• discrimination

Must reach a level of criminal conduct for Criminal Code offences to apply, including:

• criminal harassment (section 264)

• uttering threats (section 264.1)

• intimidation (subsection 423(1))

• mischief in relation to data (subsection 430(1.1))

• unauthorized use of computer (section 342.1)

• identity fraud (section 403)

• extortion (section 346)

• false messages, indecent or harassing telephone calls (section 372)

• counselling suicide (section 241)

• defamatory libel (sections 298-301)

• incitement of hatred (section 319)

• child pornography offences (section 163.1)

Criminal Harassment (CC s.264)

This offence occurs when someone repeatedly engages in behaviour that causes another person to reasonably fear for their safety

• Examples relevant to bullying or cyberbullying:

• Repeated messages or online contact

• Persistent unwanted communication

• Monitoring someone online or offline

• Threatening behaviour

• Often referred to as “ stalking”

Uttering threats (CC s.264.1)

It is a criminal offence to knowingly threaten:

• Death

• Bodily harm

• Damage to property

• Harm to animals

• In cyberbullying contexts, threats will be upheld if documented

and appear, such as:

• Text messages

• Social media posts

• Direct messages

• Gaming platforms

Non-conserval distribution of intimate images (s.162.1)

Introduced in 2015 following several high profile cyberbullying cases in Canada

• This offence involves:

• sharing intimate images of someone

• without their consent

• knowing or being reckless about the lack of consent

• Often associated with:

• “revenge porn”

• image-based abuse

• online harassment

Defamatory Libel (CC ss.298-301)

• Defamatory libel involves publishing false statement that damage a persons

Types of bullying reported by Statistics Canad

called names, having rumours spread about them, being left out and insults and being made fun of

Bullying victim types by Lawrence and Adams (2006)

1. submissive and less aggressive children

• Labelled sensitive

• Often quiet, anxious, and insecure

2. children more aggresive but are agitating children

• Connection to ADHD

• Are more likely to fight back than #1, but are likely to cause tension and irritability

3. very popular, bright or talented chidren

• Targeted because thought to intimidate bullies in some way

largest Indigenous population

ontario

19th Century

Residential

Gradual Civilization Act. 1857

enfranchised Indigenous peoples and recognized them as British not Indigenous

1920

Attendance at residential schools was mandatory for all Indigenous children between 7 to 15 years

• Thus, children were forcibly taken from their families by priests, Indian agents, and police officers

1930

80 residential schools were operating in Canada

1948

72 schools were operating with 9,368 students

1960

Indigenous peoples granted the right to vote

Mid 70s

Control of residential schools was turned over to Indigenous peoples

1979

There are 12 residential schools with 1,899 students

1980s

Claims began to emerge about mistreatment at resident schools

• Stories of sexual and physical abuse

• Neglect

• Hunger

• Poor working conditions

• Emotional cruelty

1996

door closed lease federally funded residential school

1985

B-C.31 passes

1989s and 1990s

apologies

LSP

but this required legal fees and financial resources

ADR

was more informal but only dealt with physical and sexual abuse, imposed rigid compensation guidelines

CEP

compensated survivors based on time spent in one of the listed schools as abusive – but ignored intergenerational effects and children of survivors

IAP

meant to replace #2, promised to process any residential school abuse claim within a 9-month period, but had to condition that survivors had to withdraw any lawsuits they had filed

Victimization Trends (IP)

• disproportionate exposure to violence

• early victimization

• cycle of victimization across life cycles

• gendered and intersectional vulnerabilities

• systemic inequity and institutional contact

Victimless crime

Meaning crime where victim and victimizer are the same person

Indigenous resilience

• cultural resurgence

• community led justice healing

• youth leadership and advocacy

• self determination and governance

Vulnerability

individual weakness or risk factor

marginalization

the process by which individuals or groups pushed to the edge of social economic and political life

Structural vulnerability

exposure to harm spaces by social position and institutional arrangements