What's Law Got to Do with It?: The Law, Specialized Courts, and Domestic Violence in Canada.

Alexander David Kurke is a criminal lawyer in Sudbury, Ontario.

The short title of this book accurately reflects the sentiment voiced by lawyers who practise in the area of domestic violence, where trials more often resemble games of witness poker than anything taught in law school. Out of the frustration of that practice and the terrible spectre of domestic homicides have come specialized domestic violence courts and legislation, diverse as the jurisdictions that put them in place. In a series of chapters written by professionals in a variety of disciplines, this book examines the concerns of participants in the justice system, as well as various strategies in criminal and civil law that different provinces have developed to address the problems associated with domestic violence.

Part 1 of the book examines “The Experience of Justice,” and includes pieces on female victims’ responses to the various kinds of programs developed to meet their needs within the justice system, as well as a fascinating reflection on the different ways that different professionals interact with victims of domestic violence by Rekha Malaviya, a woman who made the transition from shelter worker to Crown Attorney.

Part 2 of the book focuses on “Criminal Justice: Different Models of Specialization.” An overview compares data from domestic violence courts in Winnipeg, Regina, Calgary, and Edmonton, focusing on program characteristics; ethnic origin, gender, and prior record of accused persons; and court outcomes and sentences. The next four chapters focus individually on domestic violence courts in Winnipeg, Toronto, Calgary, and Whitehorse, highlighting the common importance of court specialization, victim co-operation, and domestic violence counselling, even where program characteristics diverge significantly.

Part 3 of the book studies “Civil Law: New Programs and New Challenges.” The primary focus is on “protection orders,” developed in various provinces to provide speedy protection for victims who fear continued aggression from their spouses. A further chapter makes the important point that child custody arrangements must take into account the dynamics of domestic violence to ensure the safety and well-being of battered spouses.

Extensive bibliography and the variety of the contributions will make this book a useful text for undergraduate criminology or women’s studies courses.