VANCOUVER – A police risk assessment document used in intimate partner violence (IPV) cases has come under scrutiny following the recent murder of Bailey McCourt by her estranged husband, James Plover. Plover had been arrested and charged with causing choking and uttering threats on July 4, which were all factors listed on the risk assessment that indicate a higher likelihood of severe future violence. Despite these indicators, he was released on $500 bail, only to be implicated in McCourt's fatal hammer attack less than three hours later, prompting a reevaluation of how the justice system manages such risks.
The tragic circumstance surrounding McCourt's death has spurred provincial and federal authorities to announce a new framework aimed at improving responses to IPV. However, despite the existence of risk assessment tools for decades, they have been underutilized and inconsistently applied across the legal system. The "BC Summary of Intimate Partner Violence Risk Factors" is designed to guide police in their investigations and interventions but has faced issues regarding transparency, with the B.C. Ministry of Public Safety and Solicitor General withholding the guidelines from public disclosure.
Recent advancements in policy were highlighted when B.C.'s Attorney General Niki Sharma acknowledged the need for improved and standardized risk assessments during a news release on provincial measures to address IPV. The framework aims not just to assess risks but also to create accountability mechanisms within the justice system. In addition, new federal legislation, including the "Protecting Victims Act," introduces stricter penalties for femicide by categorizing it as first-degree murder, signaling a commitment to combat violence against women.
Angela Marie MacDougall, executive director of Battered Women’s Support Services, emphasized the ongoing need for standardized assessments, particularly highlighted by the murder of Stephanie Forster in December 2022. MacDougall argues that a comprehensive and nuanced risk assessment allows for informed decisions by the Crown and judges during bail hearings, which can ultimately impact victim safety. She noted that without adequate assessments, there can be a dangerous lack of awareness regarding a suspect’s potential risk to victims.
The issue extends nationally, with lawyer Deepa Mattoo advocating for survivor-centered risk assessments, stating that existing tools often lack focus on the victims' perspectives, which hinders effective protective measures. To address this, her organization has developed a Risk Identification and Safety Assessment tool tailored to assist women in navigating safety and resource allocation effectively.
B.C. Attorney General Niki Sharma announced that the province will undertake efforts to implement timely standardized assessments in both criminal and family court systems, addressing the systemic failures identified during a recent review of IPV responses. The attorney general's plans signal a strong commitment to enhance protection for survivors and to ensure that the duty to act lies with the justice system rather than the victims themselves.
The new measures from both the provincial and federal governments appear to align with a critical need for reform in the justice system pertaining to IPV. While advocates express cautious optimism about these changes, they stress that the effectiveness of such strategies lies in consistent application and enforcement. Observers within the legal realm, including defense lawyer Amanda Ross, caution against sweeping changes in policies that could overlook the nuance required in individual cases, underscoring the need for balance between systemic reforms and judicial discretion in assessing each case's merit.
