Mapping Domestic Violence Law and Policy in Alberta: Intersections and Access to Justice

Abstract

Domestic violence is a social problem governed by numerous laws, policies, and justice system components at the federal, provincial, and territorial levels. These laws and policies can overlap and intersect in ways that create challenging access to justice issues for litigants in domestic violence matters, particularly marginalized women who are survivors of violence. This article analyzes the laws, government policies, and justice system components that apply to domestic violence in Alberta as one step towards enhancing access to justice in this context. It also recommends specific law reform measures, government oversight, and action by the courts and other legal actors to deal with problematic intersections and gaps that compromise access to justice. The focus is on law and policy prior to the COVID-19 pandemic, although significant legal and policy developments related to the pandemic are noted.