In November, we recognize National Day of Remembrance and Action on Violence Against Women. It is an annual occasion to honour the memory of women who have been victims of gender-based violence and to reflect on the ongoing struggle to prevent such violence. On this day, we also reaffirm the importance of addressing the systemic barriers that women face, particularly when their experiences of abuse and violence are dismissed or minimized.
The recent decision by the Ontario Court of Appeal in Shipton v. Shipton serves as a sobering reminder of the intersection of family law and domestic violence and the importance of ensuring that the lived experiences of women are heard and valued within the judicial system. In this case, a mother seeking to relocate with her child to Ireland was met with severe criticism from the trial judge, who dismissed her claims of family violence despite evidence of physical and coercive control. The trial judge’s tone was not only dismissive but also contained deeply problematic comments about the mother’s credibility and motivations, reflecting the broader societal tendency to discredit and minimize women’s accounts of abuse.
A Dismissive Judicial Attitude Toward Abuse
At the heart of this case lies the issue of domestic violence, an issue that remains profoundly relevant to The National Day of Remembrance and Action on Violence Against Women. The mother in Shipton v. Shipton raised allegations of abuse, including controlling behaviour, physical violence, and intimidation. Despite corroborative evidence from midwives and a peace bond against the father for assault, the trial judge rejected these claims, describing the mother’s behaviour in the courtroom in disparaging terms. This dismissive attitude toward the mother’s experience of abuse and her desire to escape an unsafe situation illustrates a failure of the legal system to protect victims of domestic violence.
Addressing Gendered Violence in the Legal System
Shipton brings into focus the ongoing struggle to ensure that women’s voices are heard within the legal system. The judge’s comments about the mother’s character—accusing her of manipulation, tactical use of the court system, and even harbouring “delusions” about her child’s identity—are reminiscent of the ways in which many women’s experiences of abuse are dismissed as hysterical or exaggerated. This harmful skepticism contributes to a legal environment where women are less likely to report abuse, or to trust that the justice system will take their claims seriously.
The National Day of Remembrance and Action on Violence Against Women is an opportunity to reflect on such cases and recognize the importance of systemic change in both legal and social services to address the ongoing issue of violence against women. It is vital that we continue to work toward a legal framework that supports women’s safety, gives weight to their experiences, and protects their right to make decisions for themselves and their children without the fear of being disbelieved or penalized for seeking refuge from an abusive situation.
Let Us Reflect
As we commemorate the National Day of Remembrance and Action on Violence Against Women, we are reminded of the need for continued advocacy, reform, and vigilance in addressing the systemic issues that allow gender-based violence to persist. Shipton v. Shipton is just one example of how the legal system must evolve to better recognize the realities of domestic violence and prioritize the safety and well-being of victims. It is essential that the voices of women, especially those who have experienced violence, are listened to with respect and treated with the seriousness they deserve. Only then can we hope to build a justice system that truly protects all individuals, particularly those most vulnerable to violence.
Tia Riarh is a 1L at Osgoode and a Co-Publications Director for the Osgoode Hall Family Law Association. If you are interested in family law, follow @ohfla.osgoode on Instagram or reach out by email to ohfla.osgoode@gmail.com