This December 6 marks the 35th year since the École Polytechnique tragedy, where 14 women were killed. As time passes, the legal understanding and treatment of violence against women continues to evolve. Is femicide now recognized as a specific crime in Canada?
On December 6, 1989, a gunman murdered 14 women and injured 13 other people at the École Polytechnique in Montreal. This attack, described as antifeminist by the school, shook the nation and resonated beyond its borders. In recent years, the term “femicide” has been used to describe violence against women and girls.
In Canada, femicide is not recognized as a specific crime, and the Criminal Code does not provide for any unique penalties for acts of femicide.
The use of the term “femicide” in legal contexts is relatively recent. However, this has not stopped courts from mentioning or considering it in their decisions. For instance, a judge of the Superior Court of Québec defined femicide as “a crime where the victim’s gender is a factor.” While some judges reference the concept in their decisions, they do not explicitly label the crime as a femicide. Others prefer terms such as “murders of women” instead.
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Did you know? According to the Canadian Femicide Observatory for Justice and Accountability, 850 women and girls were violently killed in Canada between 2018 and 2022. Of these, 96 were from Quebec. |
Domestic violence: An aggravating factor
Courts treat domestic violence against women as an aggravating factor when determining sentences for offenders.
When determining a sentence, judges must assess the specific circumstances of each case and of each offence. They must follow general sentencing principles, including:
- Ensuring the sentence is proportional to the severity of the crime and the accused’
‘s degree of responsibility. - Considering aggravating or mitigating factors that could influence the sentence.
- Aligning the sentence with other sentences handed down for similar crimes.
- Adhering to the minimum and maximum sentences set by law.
Certain aggravating factors can result in harsher penalties.
Examples of aggravating factors
Crimes motivated by prejudice or hatred based on
- gender,
- sexual orientation,
- gender identity,
- gender expression.
Crimes committed in the context of domestic or family violence.
Crimes involving the mistreatment of vulnerable individuals, including women and girls.
These aggravating factors aim to deter similar offences, denounce illegal behaviours such as domestic violence and femicide, and build public confidence in the justice system.
Femicide and refugee claims
If a person applies for refugee status in Canada, the risk of femicide in their country of origin can be a factor examined by the Immigration and Refugee Board of Canada (IRB). They must show that their lives are in danger if they return to their home country. However, a high rate of femicide in a country does not automatically guarantee the acceptance of a refugee claim.
The IRB examines factors such as
- how femicide is treated under the country of origin’s laws,
- whether these laws are effectively enforced,
- the presence and effectiveness of prevention and intervention programs.
The IRB may also look at statistical data in the applicant’s country of origin to assess the risk, such as the age of victims and the circumstances surrounding the femicides.