ABSTRACT

The Canadian Charter of Rights and Freedoms codifies the requisites of a free and democratic society-including freedom of expression, the right to a democratic government, legal rights of persons accused of crimes, aboriginal peoples’ rights, the equality of men and women, and the protection of Canada’s multicultural heritage. The Criminal Code of Canada sets out the limits of legal behavior and defenses that may be used to excuse or justify illegal behaviors. In the area of domestic violence, the 1990s saw the addition of criminal harassment or “stalking” to the Code. Victims of domestic violence can invoke a growing variety of civil legislations designed to assist and protect victims immediately and in the longer term. In addition, some provinces and territories have specialized domestic violence courts designed to expedite domestic violence cases for the safety of the victim. These courts have distinct procedures to allow for better coordination of services and support for both victims and the accused in domestic violence cases.