A/HRC/41/42/Add.1
women. There is, however, a lack of adequate shelters provided to indigenous communities
that respect cultural and language diversities and that are led by indigenous women.
2.
Legal aid
46.
Another concern is the inadequacy of free legal-aid services, including for women
survivors of violence, and federal-provincial cost-shared pilot projects providing
independent legal advice for survivors are available only in some provinces. Under the
Canada Social Transfer, the Government transfers criminal and civil legal aid directly to the
provinces and territories. Given that the requirements for provinces and territories to spend
Canada Social Transfer money on civil legal aid were removed in 1995, expenditure has
fallen drastically.
47.
There is a marked gender difference in legal aid use: men are the primary users of
criminal legal aid, while women are the primary users of civil legal aid, especially for
family law matters. The Canadian Bar Association asserts that the lack of access to civil
legal aid disproportionately affects women and indigenous people, as well as other
disadvantaged groups.
48.
In 2008 and 2016, the Committee recommended that there be standardized minimum
criteria for eligibility for legal aid. There continues to be, however, uneven access to legal
aid services among provinces and territories and narrow eligibility requirements, which
severely curtail women’s access to justice.18
B.
Domestic violence
49.
Intimate partner violence is one of the most common forms of violence against
women in Canada. According to 2017 data, women are victims of intimate partner
homicide at a rate five times greater than men. A woman is killed by her partner or former
partner every 2.5 days. Of all police-reported violent crime in 2016, more than 26 per cent
resulted from family violence. Almost 67 per cent of family violence victims were women
and girls. A total of 79 per cent of police-reported intimate partner violence was committed
against women during same year.19
C.
Sexual assault of women and girls
50.
Notwithstanding increased societal awareness about sexual assault, it continues to be
a persistent issue. Unlike the rates of other violent crimes, which have been decreasing, the
rate of sexual assault has remained unchanged since 2004. According to the 2014 General
Social Survey on Canadians’ safety, there were approximately 636,000 self-reported
incidents of sexual assault over a 12-month period.20 Because of the pervasiveness of sexual
violence in women’s lives, women are now more likely than men to be victims of violent
crime. Some groups of women, including indigenous women, young women, those who
identify as LGBTQ221 and women with mental health conditions are especially vulnerable
to sexual violence. As highlighted in the General Social Survey, more than one in five
indigenous women between 15 and 24 years of age reported having been sexually assaulted
in 2014, and the sexual assault justice gap, which appears to be rooted in gendered
colonization, is glaringly wide between indigenous and non-indigenous women.22
51.
A further element of concern is the urgent need for capacity-building to address
violence against women and sexual violence by law enforcement officials. The Royal
18
19
20
21
22
See Ab Currie, “The state of civil legal aid in Canada” (2013), and Alison Brewin with Lindsay
Stephens, Legal Aid Denied: Women and the Cuts to Legal Services in BC (2004).
See Statistics Canada, “Family violence in Canada: a statistical profile, 2016” (2018).
See www150.statcan.gc.ca/n1/pub/85-002-x/2017001/article/54866-eng.htm.
LGBTQ2 stands for “lesbian, gay, bisexual, transgender, queer, two-spirit”; where “2” refers to
indigenous two-spirit individuals and is inclusive to queer identities.
See Government of Alberta, “Independent report on the incarceration of Angela Cardinal” (2018).
9
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