Community responses to gender based crime

community organization and domestic violence interventions In canada

mid 1960s - second wave of the canadian womens movement puts issue of domestic violence on politcal agenda.

1970s - grassroots women groups organize victim services, first shelters emerge, and creation of treatment programs for perpetrators. Many feminist and anti-violence activist initially opposed state intervention. Criminal justice system as a patriarchal system and focus on broader social change.

1980s - movement toward increased criminalization, and fiscal crisis - increased pressure to secure funding. Professionalization of womens organization and increased focus on service provision and diminishing influence of feminist perspective

Multiculturalism and domestic violence services

1980s - growing institutionalization of multicultural policy. influx of funding for grassroot organizations providing serves to women and ethnic minority.

what are some of the barriers to accessibility of domestic violence services for Indian immigrant women in Canada?

there are

• cultural barriers,

• vulnerabilities related to immigration,

• emphasis of feminist perspective an

• d over-reliance on law enforcement

understanding the specific needs of immigrant women who experience domestic violence requires paying attention to

• native culture,

• experience of immigration,

• immigrant community, and

• host country

cultural barriers

gender roles / marriage customs, fear of reinforce negative stereotypes of the community, fear of judgement from the immigrant community, social stigma attached to domestic violence / seeking help and linguistic barrier

vulnerabilities related to immigration

isolation, alienation, increased dependance on partner, stronger financial and emotional investment in marriage.

limited knowledge of legal system in host country, and change in power dynamics within the relationship

emphasis of feminist perspective

not identifying as 'feminist', stigma associated with feminism, history of exclusion in mainstream feminism, and unfunded fears about feminist practice in host country

over-reliance on law enforcement

fear of being compelled to involve law enforcement, racism and xenophobia in law enforcement in host country, and negative experiences / fear and mistrust of law enforcement in the country of origin. resistance from the immigrant community

restorative justice

designed to meet the needs of victims, offenders, and communities in the wake of crime. The central goal is to repair harm.

Emphasizes the use of collaborative dialogue and seeks to involve families and communities in responding to crime.

based on recognition that criminal justice remedies - fail both victims and offenders, dont address needs of communities, focus on punishment rather than accountability, and are profoundly unequal.

retributive justice

to punish for a moral wrong

restorative justice practices

use victim offender mediation (dialogue driven, but the goal is not settlement or forgiveness),

family / group conferencing or community conferencing and

peacemaking circle (sentencing circles for indigenous communites and more outcome driven)

Canadian sentencing circles

the CJS endorses restorative justice as a alternative to incarceration that must be used in a way that is consistent with public safety.

Sentencing circles were introduced in 1992 and used with Indigenous defendants. Grounded in Indigenous traditions but derive authority and power from the Canadian state (hybrid).

Judges retain final authority in determining sentences that must respect minimum/maximum sentences prescribed by criminal code.

Sentencing circle goals

RJ goals - rehabilitation, accountability, reconnection and victim healing.

Political goals - expression, education , autonomy and self governance, and integration

sentencing circle limitations

Incentives to prioritize the needs of the offender and the community by focusing on historical factors / discounting personal responsibility, choosing custodial sentences when incarceration is more appropriate and overestimating the ability of the community to provide adequate services.

other limits - silencing victims, blaming victims from bringing punishment on a community member, making sure the program is viewed as successful and misrepresenting the 'real views' of the community

defining human trafficking

little consensus over the nature, extent, and definition of human trafficking. t

he way we define trafficking reflects - interests of states, social movements struggles. trafficking is often conflated with prostitution, irregular migration, and transnational crime

how do we know someone has been trafficked?

physical appearance, being spoken for, lack of documentation

trafficking misconceptions

1. human sexual is a form of sexual exploitation (there is a lot of people who are but it is not the only case for reasons, like forced labour)

2. 2. involves crossing international borders (does happen yet it can happen internally as well)

3. 3. involves illegal and forced migration (someone may come willingly under false pretences and not coerced)

4. 4. doesn't involve paid work (can be paid and still exploitative).

human trafficking in Canada

source, transit and destination country.

Women represent the majority of identified trafficked person and primarily for sexual exploitation. men are trafficked for forced labour like construction, farming, service industry.

risk of being trafficked is higher for - Indigenous women and children, Migrants, street involved youth, children in protective services, new arrivals to large urban centers

measures to combat human trafficking

first developed by international organizations. in 2000, protocol to prevent, suppress and punish trafficking in persons which - focused on trafficking as a transnational crime and emphasized restrictive border controls and immigration policies.

in 2006, allowed someone who was trafficked to attain temporary resident permit which allows for legal immigration period for 180 days or increased at discretion and this permit allows people to access services and be employed

Human trafficking in Canadian Law

every person who recruits, transports, transfers, recieves, holds, or conceals a person or exercises control, direction or influence over movements of a person for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence.

no consent to the activity that forms the subject matter of a charge under subsection 1 is valid

responding to human trafficking

challenges to accurately identify victims and prosecutor perpetrators. thru internal trafficking, and legal migration.

Official state programs can make individuals vulnerable to trafficking ex - temp foreign worker program and live in caregiver