(GLYNN BROTHEN / iNFOnews.ca)

The flaws in the court system around how it handles domestic violence have been highlighted by the recent tragedy in Kelowna, but workers on the frontlines say attempts to protect victims won’t work until abusers can be kept in custody.

Intimate violence support workers say they are glad the conversation around keeping abusers behind bars is gaining momentum in the wake of the high profile tragedy in Kelowna, but the same talking points have been going around for decades.

Executive director for the Kamloops Elizabeth Fry Society Allison McLauchlan said that's a common reason why domestic abusers get bail is that their crimes are targeted, so they don’t pose a general public safety risk.

“Perpetrators are quite often not seen as a greater risk to society because their only target is one person. So they're quite often released,” McLauchlan told iNFOnews.ca. “I've been doing this for over 20 years. It doesn't make sense. It doesn't.”

Bailey McCourt was killed and her friend was injured in a daylight attack while on a lunch break at work July 4, hours after her estranged husband was found guilty in provincial court of choking her.

Police have charged her estranged husband, James Plover, with first degree murder.

Her death has shocked the community and folks want change, but for years people have been asking; why are domestic abusers allowed to walk free?

“I've never worked on a case or sat on a case where, unless obviously there's been a femicide, I've never actually seen a perpetrator be remanded in custody,” McLauchlan said.

The government has put forward legislation to improve protection for survivors of intimate partner violence, like Bill C-75, but those efforts have fallen short.

Bill C-75 is a federal Criminal Code amendment that covers a range of issues, including intimate partner violence. It defines the term intimate partner to include current or former spouse, common-law partner or dating partner. It allows a higher maximum penalty for repeat offenders of intimate partner violence and it makes domestic abuse an aggravating factor for sentencing.

Another bill heading through the federal government is Bill C-332 which would add 'coercive control' of an intimate partner to the Criminal Code. As the bill stands in the senate, it would have a penalty of up to 10 years for anyone who abuses their partner through control and manipulation.

Bill C-75 is also meant to streamline the bail process, but frontline workers like McLauchlan said the system has the same flaws it has had for years.

“The women's sector have been trying to shout loud enough for many, many, many years, and women are still losing their lives. I think it's great we're talking about it. I think it's great people are sitting up and listening. Bills are great. Bring them into law, but on the end of it, if there isn't the correct punishment and accountability, they're worthless. And that's really depressing, but that's the truth,” she said.

She said court orders don’t protect victims since they don’t deter someone set on doing something violent. McCourt was killed in broad daylight with numerous witnesses.

“They don't give a shit about protection orders,” she said. “Or any of that stuff like any normal, rational human being would be scared of the police or the legal system. Perpetrators of domestic abuse and violence do not care.”

Kelowna Centre MLA Kristina Loewen said that although most laws like Bill C-75 that deal with the Criminal Code are federal, she’s going to do what she can at a provincial level to push for change.

“What we're focusing on provincially is bail reform, fast-tracking court processes for domestic violence cases, and of course, mandatory minimum sentences in cases of intimate partner violence,” Loewen said.

Loewen said McCourt wasn’t properly informed about Plover’s release after his conviction.

“Why was he released when he was convicted of, you know, choking and uttering threats 10 months prior? And when there were significant concerns for Bailey's safety, she was concerned. She wasn't even told that he was released,” Loewen said.

It’s not as if the government hasn’t been paying attention.

The B.C. government funded a systemic review of how the legal system treats sexual and intimate partner violence and came up with 21 ways to improve — none of them contemplate denying bail tp violent abusers.

There are thorough statistics on how common gender-based violence is.

“While the rate of gender-related homicide of women and girls has generally declined since 2001, there was a 14% increase between 2020 and 2021 (from 0.48 to 0.54 victims per 100,000 women and girls), marking the highest rate recorded since 2017,” Statistics Canada wrote in a report in 2023. 

The Archway Society co-executive director Micki Materi said she frequently sees survivors of intimate partner violence who aren’t properly informed about their abuser’s release from custody.

“It can take some time for the victim to be notified because the whole process of getting the paperwork to the people that can inform the victim in that meantime you can see how things can happen very quickly,” Materi said.

Materi has been supporting victims of intimate partner violence for 30 years and said the same issues come around every time a tragedy like McCourt’s murder happens, and yet the efforts to improve the system don’t work.

She said perpetrators of domestic violence might just target one person, but their crimes affect everyone, and are predictable.

“This is not something that’s new information. It is a matter of public interest. We’re talking about women’s lives and it impacts entire families and communities,” she said.

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