Provincial-Territorial Scorecard on Economic Abuse
Why the National Scorecard?
Economic Abuse is a form of domestic abuse or intimate partner violence that involves controlling, coercive, or manipulative behaviour related to a person’s finances and economic resources. It can be a subtle yet highly effective way to exert power and control over a victim. CCFWE created the “Provincial-Territorial Scorecard on Economic Abuse” as a visual tool to illustrate the legislative response of Economic Abuse on individuals and communities. The Provincial-Territorial Scorecard on Economic Abuse explores current laws and policies by identifying model policies and adverse policies which create barriers for survivors.
The map can help raise awareness, highlight areas of concern, and identify potential solutions.
The purpose of the scorecard is to examine provincial-territorial legislation relating to Economic Abuse. The scorecard serves several key purposes:
- Identification of Gaps: The scorecard helps identify gaps in the legal and government response to Economic Abuse.
- Advocacy Tool: The scorecard can be used as an advocacy tool by activists, organizations, and community groups to raise awareness about the importance of addressing Economic Abuse and pushing for reforms.
- Enhancing Support for Victims: Improving provincial-territorial legislation and policy can lead to better support and protection for victims of economic abuse. Stronger legal protections may provide victims with the means to seek help and access resources to escape abusive situations.
- Data Collection and Progress Monitoring: The scorecard collected data on provincial-territorial legislation, exploring avenues for continued advocacy to support survivors. The data collection also allows for CCFWE to begin tracking changes over time to legislation.
Learn more about the National Score Card launch event
Methodology:
CCFWE focuses their work on Economic Abuse. The focus of the scorecard is on Economic Abuse within intimate partner violence. The map can be a useful visual tool to illustrate the impact of Economic Abuse on individuals and communities. This map can help raise awareness, highlight areas of concern, and identify potential solutions for provincial and territorial legislation and safety for survivors. The current map is phase 1. A comparative analysis was conducted to highlight the similarities and differences in legislation across provinces and territories. Through the research several areas of legislation have been identified as having the potential to impact survivors and improve the lives of survivors of intimate partner violence and economic abuse. There are several areas where additional protections such as banking and employment insurance could support survivors however these policies are federal which will be incorporated into phase 2 of the scorecard.
The categories are as follows:
- Does the legislated definition include economic abuse?
- Are work policies & leave inclusive of the complexities of intimate partner violence?
- Do the policies include litigation abuse protection?
- Are there designated intimate partner violence torts?
- The inclusivity of victims of crime compensation?
- The process of rental protections of survivors?
- Lastly, are there alternatives to law enforcement which are funded by the government outside of shelters and women’s organizations?
There are two main contributors to the calculation, model, and adverse policy. Model policies are defined as policies that would provide the client survivor the support and protection when they have experienced economic abuse in an intimate partner violence relationship. Adverse policies are harmful to the survivor. If an element is identified as a model element of the policy, a score of 1 is added. If an element of the adverse policy is identified, a score of 1 is subtracted. In summary, the calculation is the presence of a model policy(ies) subtracting any adverse policy(ies).
Table 1 is the summary of the scorecard. The first column is the category, the second column is the ideal score. The ideal score is the total of the elements of the model policies. The number under the province/territory is how they scored in each category. The total score is the sum of the categories, the score variance is the difference between the ideal score and the total for each province/territory. Lastly, the score as a percent is the total provincial/territorial total divided by the total ideal score (36) represented as a percentage.
The information for the completion of the scorecard came from provincial/territorial legislation based on the category. The researchers read through the relevant legislation to see if the model or adverse policies are present in the legislation. The legislation used in the study was informed by the specific laws and regulations of each respective province and territory available online through searches of various sources such as Canadian Legal Information Institute (CANLII), academic databases, and provincial/territorial websites. A full list of the sources is available after each category table.
DATA COLLECTION: Between March 2023 and September 2023, legislation and policies were collected by staff and the University of Ottawa law students who generously volunteered their time. Each piece of legislation was reviewed to determine if model or adverse policies were contained within the document. The sources for the information included provincial and territorial websites, legal service organizations and CANLII(The Canadian Legal Information Institute).
To what extent does your state provide assistance to ensure the economic stability of survivors?
We have created an accessible technology tool that offers easy and effortless navigation for users, decision-makers, policy makers, program developers, advocates, and stakeholders.
Please click and explore the interactive map for each province below to gain insights into how each region is addressing Economic Abuse.
NS – Nova Scotia | PE – Prince Edward Island | NB – New Brunswick | ON – Ontario | MB – Manitoba | QC – Quebec | SK – Saskatchewan | AB – Alberta | BC – British Columbia | YK – Yukon | NU – Nunavut | NT – Northwest Territories | NL – Newfoundland and Labrador
| MODEL POLICY | IDEAL SCORE | NS | PE | NB | QC | ON | MB | SK | AB | BC | YK | NT | NU | NL |
| Legal Definition | 1 | -1 | 1 | 1 | 1 | -1 | -1 | 1 | 0 | 1 | 1 | 1 | 1 | 1 |
| Work Policies & Leave | 9 | 5 | 4 | 5 | 3 | 7 | 4 | 7 | 2 | 8 | 2 | 6.5 | 0 | 5.5 |
| Litigation Abuse Protection | 5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 4 | 0 | 0 | 0 | 0 |
| Designated IPV Tort | 4 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Victims of Crime Compensation | 7 | -4 | 1 | 1 | 3 | -1 | -2 | -1 | 0 | -2 | -1 | -1 | -1 | 0 |
| Rental Protections | 7 | -1 | 0 | 1 | 3 | 3 | 4 | 2 | 3 | 3 | 3 | 0 | 0 | 0 |
| Alternatives to Law Enforcement | 3 | 0 | 2 | 3 | 0 | -3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| TOTAL PT SCORE | 36 | -1 | 8 | 11 | 10 | 6 | 5 | 9 | 7 | 14 | 5 | 6.5 | 0 | 6.5 |
| SCORE VARIANCE | -37 | -28 | -25 | -26 | -30 | -31 | -27 | -29 | -22 | -31 | -29.5 | -36 | -29.5 | |
| SCORE AS PERCENT | 2.8% | 22.2% | 30.6% | 27.8% | 16.7% | 13.9% | 25% | 19.4% | 38.9% | 13.9% | 18.1% | 0% | 18.1% |
Legislated Definition
The category reviews the definition of intimate partner violence/domestic violence used in provincial or territorial legislation. The model policy is that it includes Economic Abuse. Note: if the tactics of Economic Abuse are listed in the definition such as deprivation of food, shelter, etc., a score of 1 is added.
Work Policies & Leave
The category focuses on leave policies for employees who have experienced intimate partner violence, including Economic Abuse.
Litigation Abuse Protections
The category reviewed protections for survivors within litigation.
Designated Intimate Partner Violence Torts
The category focuses on intimate partner torts. In a February 2022 landmark trial decision in the case of Ahluwalia v. Ahluwalia, in which Justice Renu Mandhane of the Ontario Superior Court of Justice ordered a husband to pay his former wife $150,000 in damages on account the pattern of violent abuse he inflicted on his former wife during their 16-year marriage. Justice Mandhane created the tort since, according to her, “existing torts do not fully capture the cumulative harm associated with the pattern of coercion and control that lays at the heart of family violence cases and which creates the conditions of fear and helplessness.” Ontario recently had a decision where the appeal court declined to affirm the new torts recognition (July 2023). (Canadian Lawyer Magazine).
Victims of Crime Compensation
The section focuses on the criminal compensation for victims of Economic Abuse within intimate partner relationships.
Rental Protections
The category focuses on rental protections for survivors of intimate partner violence and terminating leases early.
Alternatives to Law Enforcement
The category focuses on alternatives to reporting to law enforcement and still having the abuse documented, this alternate response would be outside of shelters and women’s organizations, plus mandatory arrests for intimate partner violence.
Challenges
The primary challenge in reviewing the legislation is the Challenges
Legislative Variability: Provincial and territorial legislation can vary significantly, making it challenging to create a standardized scorecard. Each jurisdiction may have its own approach to addressing intimate partner violence along with Economic Abuse, leading to differences in definitions, remedies, and protections. For this reason we chose to note if there was a presence of an element that would be supportive of survivors.
Complexity: Legislation and related areas can be complex. Understanding the nuances of each jurisdiction’s legislation, including amendments and updates, requires a comprehensive analysis. Along with the complexity of the legislation, is the overlap or exclusive jurisdiction of federal legislation.
Changing Legal Landscape: Laws and regulations related to intimate partner violence are subject to change. Keeping the scorecard up-to-date is an ongoing challenge, especially if new laws or amendments are introduced frequently.
Interconnected Legal Frameworks: Laws related to economic abuse often intersect with other areas of law, such as property division, child custody, and spousal support. The scorecard must consider these intersections to provide a holistic assessment.
What’s Next: Navigating the Road Ahead
Awareness and Education: We will prioritize raising awareness about Economic Abuse through public campaigns, educational programs, and outreach efforts. Our objective is to promote a comprehensive understanding of economic abuse and empower individuals with the knowledge of how to access assistance when needed.
Empowerment and Support: CCFWE’s focus is on placing victims of Economic Abuse at the forefront of our initiatives. We will offer resources and advocacy in securing environments to help them reclaim financial autonomy and embark on their journey to healing.
Policy Advocacy and Legal Reform: We’re committed to advocating for changes in legislation and policies that better protect victims and hold perpetrators accountable. This includes collaborating with lawmakers and legal experts.
Community Engagement: We’ll engage with local communities to foster open dialogues, challenge stereotypes, and reduce the stigma surrounding Economic Abuse.
Collaborative Partnerships: Collaboration is the cornerstone of our strategy. We will forge partnerships with organizations, government agencies, and financial institutions to create a comprehensive support network.
Research and Data: Continued research will be essential to understanding the evolving dynamics of Economic Abuse. We will seek to gather data and insights to inform our strategies and policies.
Financial Empowerment: Our goal is to empower survivors with financial empowerment and skills to regain control over their economic lives.
Global Reach: Economic abuse is not limited by borders. We aspire to extend our efforts internationally, working with organizations and advocates worldwide to combat this issue globally. Read our global report here
We understand that the path ahead is challenging, but it is also filled with opportunities for positive change. Our research has illuminated the dark corners of Economic Abuse, and now, it is our duty to bring these issues into the light and create a safer, more equitable world for all.
Thank you, Women and Gender Equality Canada, for your unwavering support, dedication, and commitment to making a difference in the lives of those affected by Economic Abuse. Together, we can turn these challenges into catalysts for transformative change. For more information, Please contact us info@ccfwe.org.
