New strangulation law raises awareness of domestic violence, holds offenders accountable

More than 200 strangulation-related charges have been laid in Waterloo region since it became a separate offence under the Criminal Code two years ago. 

The Waterloo Regional Police Service (WRPS) said so far this year, it has laid 120 charges, 10 of which were laid in November. Even with two months left in 2021, this year saw more cases than the previous when a total of 103 charges were laid. 

There may be several factors contributing to the rise in numbers, says Staff Sgt. Jamie Brosseau, who's in charge of the regional police's intimate partner violence unit.

"Could it be an increase in that type of crime in the community? Yes, it could be. Could it be that we are better at detecting, investigating and, as a result, obviously laying charges and prosecuting those types of criminal offences? That could be an element as well," said Brosseau.

"I think there's probably pieces of both in there," he added.

While these assaults are rising in the region, the amendment to the law is helping raise awareness of domestic violence and holding offenders accountable, experts say. 

In 2019, Criminal Code Section 267, which addresses assault with a weapon or causing bodily harm, was amended to include an additional offence that factors in choking, suffocation or strangulation. If convicted, an offender could face imprisonment of up to 10 years.

Criminal Code Section 272, which addresses sexual assault, also had a subsection added, factoring in a similar offence related to strangulation. 

"I think a number of organizations [including] police services across Canada, domestic violence advocates, domestic violence services within the hospitals, all were seeing this as an emerging issue," said Peter Jaffe, director emeritus at the Ontario-based Centre of Research and Education on Violence Against Women and Children.

Jaffe, who is also a member of Ontario's Domestic Violence Death Review Committee, said one of the reasons why strangulation was singled out as a separate offence is because it's associated with the risk of future strangulation — and an increased risk of domestic homicide.

"Recognizing the strangulation in law leads to changes in terms of education of police, education of health-care professionals who may see these victims in the emergency room ... so it raises awareness that the issue is important enough to be taken seriously. [It's] an important step forward."

In November of 2019, several WRPS officers were trained on how to identify, investigate and prosecute domestic violence cases where women were strangled by their partners. Since then, many officers have taken part in additional training. 

This fall, four officers completed an advanced course related to investigating and prosecuting the offence.

Meanwhile, Brosseau said the new law helps hold offenders accountable through the justice system.