Dear Minister:

I am writing to you because I am deeply concerned about the existence of the statutory and common law defences of provocation. I think they are legal loopholes that allow people who murder because of jealousy, homophobia, sexism and racism to avoid responsibility for their actions.

The Courts currently mandate abusive men into anger management programs where men are required to take ownership and responsibility for their violent actions. The defences of provocation provide an excuse for violence. They provide violent men with a reason to not take ownership and responsibility for their actions.

Men who kill their intimate partners most often kill in anger and rage. These are not crimes of impulse as the defence of provocation implies. Killing an intimate partner is not a "loss of self control", but rather an action to regain control over a situation that according to the accused, threatens his identity, his honor or his sexual prerogatives.

Studies show that women are nine times more likely to be killed by an intimate partner than by anyone else. Women who are separated from their spouses are five times more likely to be killed by their intimate partners. These murders predominantly occur when women refuse sex, choose to leave a relationship, voice their opinion or assert their independence. By characterizing attempts by women to assert their freedom or dignity as provocation, and not their inherent right, the law legitimizes violent men's actions to control or dominate women.

The defence of provocation was crafted and continues its mandate to excuse men who murder their intimate partners. It violates Section 7 and 15 of the Charter of Rights by failing to guarantee women and minorities rights to equal protection and benefit of the law and their right to life, liberty and security.

I recommend that the defences of provocation be abolished. Any amendments would only serve to perpetuate the myth of "loss of self control" and the notion that violence is a triggered response to anger and loss of self worth.

I ask that you, in your capacity as Justice Minister:

• take immediate action to abolish the statutory defence of provocation and the common law defence of rage through the amendment of the Criminal Code.
• expand the defence of self defence to include all situations where people kill out of fear for their safety and the safety of others. This defence must take into account women's experiences as they relate to domestic violence. 
• recommend that the government provide mandatory training for judges on violence against women, racism, sexism and other past and current, legal and judicial biases.

Sincerely,

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