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The hidden half of domestic violence

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Men 'one phone call' from total destruction'

Saturday 4 November 2000
Men 'one phone call' from total destruction'
Accused abusers would lose freedom, property under Bill 117
Dave Brown
The Ottawa Citizen

TORONTO - Ontario's domestic violence war is about to enter its nuclear age
with the creation of a legal weapon so destructive no sane man will risk
abusive behaviour -- or marriage, or even dating.

It's called the "intervention order" and is being fast-tracked through the
legislature. It has already passed two readings, is going back for some
fine tuning Nov. 7, and is expected to be law before the end of the month.
Bill 117's power will make the familiar restraining order obsolete.

Observers say the speed and low profile with which this ultimate weapon has
been developed is part of a promise from Attorney General Jim Flaherty. He
made it after high profile murder-suicides near Toronto. He wants to "send
a clear signal that domestic violence is not tolerated in Ontario."

The new legislation is based on the premise women in abusive relationships
can't escape because they are economically dependent. The intent is to
correct this by making it possible to immediately transfer all property to
her.

Written into the scheme are ex parte applications. The alleged abuser
doesn't have to be present when the order seizing his property is made.
Application for an Intervention Order can be made by anyone in a one-to-one
relationship, including dating.

Literally without knowing about it, it will be possible for a partner,
almost 100 per cent of them men, to lose freedom and property. The
intervention order includes an automatic restraining order.

Any violation of an intervention order will be a criminal offence. It will
take precedence over any acquittal, dismissal or withdrawal of a criminal
charge, or any order under any statute, including the Divorce Act.

Transference of property will include leased property, even if she is only
a date, and is binding on the landlord. If rent is in arrears, the landlord
must collect from him. She will have no liability.

These points were highlighted by Toronto lawyer Walter Fox during one of
the strongest presentations at current hearings at Queen's Park. Outside
the hearing room he described the proposed legislation as "a pimp's dream."
Prostitutes approach men asking if they want a "date," since it's illegal
to ask if they want sex. Admitting it's a stretch, Mr. Fox said pimps could
use the legislation, and hookers, to prey on men.

The hearing is called: "The Standing Committee on Justice and Social
Policy, Bill 117, The Domestic Violence Protection Act." The small audience
of about 40 watching Tuesday's presentations was mainly silent, but broke
into spontaneous applause at the end of a particularly tough presentation
opposing the legislation. It was from a woman.

"Any man in my life is simply one phone call away from total destruction
(when Bill 117 becomes law)," said Dori Gospodaric, co-founder of Second
Spouses of Canada. "You have already provided protection for me. It's
called the criminal justice system. Now you have provided for me the
ultimate weapon. A phone call.

"Being mothers does not make us sacrosanct. It does not make us morally
superior. There is no superiority of the uterus ... Funded women's groups
claim to represent women. Which women? I am a woman and a mother and I
don't care what the gender of my abuser, I want it to stop. You are funding
women to abuse me."

She said she was speaking for tens of thousands of women who, as second
wives, are guilty by association as public funding helps vilify and launch
legal attacks on ex-husbands.

The hearing ended Tuesday with a joint presentation from MP Roger Galloway,
co-chair of the federal Special Joint Committee on Child Custody and
Access, and Senator Anne Cools, a member of that committee. Mr. Galloway
said he heard some 550 presentations on couples issues, and was "no
stranger to the problems." He considered the provincial plan overkill, and
questioned the right of the province to override the Criminal Code. There
is already too much confusion in processes that deal with failed
relationships, he said.

"The Criminal Code is being swept aside by this bill."

Senator Cools, a founder of the women's shelter movement and now one of its
most vocal opponents, said she was speaking from "decades of experience on
the ground in this field.

"This is a human problem, not a gender problem. Both sexes are capable of
violence. ... The issue has been falsely framed." She called the latest
tilt to the rules of relationships: "A heart of darkness. ... In one decade
we've gone from Father Knows Best to Fathers Molest."

She said the majority of men are not abusers, and the intervention order
would turn loose a minority of women who would take advantage of the
legislation's best intentions.

The report of the special joint committee was handed over to Justice
Minister Anne McLellan a year ago and shelved. Ms. McLellan said at the
time it would stay on the shelf for at least three years. It appears now in
the election platform of the Alliance party. "We will follow the unanimous
recommendations of the Special Joint Committee on Child Custody and Access
to ensure that shared parenting is the norm in the aftermath of divorce."

Any offer of relief for children caught in the battle zone of the one-sided
gender war (only women's groups are funded) gets my vote.

Although the language of Bill 117 is gender neutral, all recognize it's
aimed at men.

Conversation in front of the hearing room Tuesday often referred to Patrick
Roy's situation in Colorado. In a fit of temper, the top NHL goalie damaged
two doors in his home. When a man loses it and displays temper and
frightens his spouse, that's abuse. He was arrested. His wife refused to
co-operate with police, but it didn't matter. When she dialed 911, even
though she hung up without saying anything, she no longer had input.
Current thinking backed by protocols is that by dialing those digits, a
woman admits she can't control things around her.

In tomorrow's Ontario, a man making Mr. Roy's mistake could have nothing
left by the time the fingerprint ink dried.

Considering the amount of property involved, this could be considered
another stretch. But under Bill 117, the door is open for an angry woman to
freeze everything. Wealthy men could wind up joining their
mortgage-strapped brothers, calling their mothers for a loan, or a sofa to
sleep on. 

Statistics are the bullets of this war, and all sides use them like
snipers. Often there's no way of knowing where the shot came from, or if it
was accurate.

Stating a case for a women's group, one presenter said it was common
knowledge a woman suffers 24 assaults before she turns to the authorities.
There were no questions or challenges from hearing committee members.

While politicians tinker with this new legal weapon, the public attitude
seems to be to keep one's head down. For anyone wanting to get off a shot
before it's too late, here's a target.

Dave Brown is the Citizen's senior editor.
Send e-mail to dbrown@thecitizen.southam.ca Read previous columns by Dave
Brown at
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JUNE is Domestic Violence Against Men Awareness Month