The Supreme Court of Canada has heard several family law cases involving intimate partner violence (“IPV”) in which they erased the abuse. Pettkus v Becker, 1980 2 SCR 834 is perhaps the most well-known family law example of the tragic consequences of ignoring a survivor’s experience. Less well-known, are the cases developing the law governing domestic contracts. Beyond the obvious trauma inflicted on survivors whose cases are heard but whose experiences are ignored, is the question of what the implications are for the soundness of the law generated by ignoring IPV. One of the issues discussed in these domestic contract cases is the family lawyer’s role during negotiations, and whether the presence of lawyers can equalize power imbalances. My primary aim in this post is to briefly review those decisions and consider the implications for the family lawyer’s role.
Deanne Sowter (Tue,) studied this question.