Tort of Family Violence Explained
The following resources are for anyone wanting to learn more about the tort of family violence and South Asian families involving family law and gender-based violence.
A tort is a civil wrong, where someone's actions or behaviour cause harm or injury to another person, and that person seeks compensation or justice for the harm they suffered. It's different from a crime because torts are usually resolved through civil lawsuits, not criminal trials.
The tort of family violence serves to empower victims of gender-based violence, and for South Asian victims, this tort allows for the various nuances of their trauma to be analyzed when assessing damages. The uniqueness of multi-generational families and various other factors can be taken into account if a civil claim is pursued. We encourage victims of gender-based violence to seek support for themselves and their children, as living in a home with domestic violence is an adverse childhood experience that can have long-lasting negative effects on children. It is of utmost importance that women facing gender-based violence protect themselves and their families, and there are several resources available for support both specific to the South Asian community and beyond.
Written by Tanya Motani and Manjot Sekhon, first-year law student volunteers from Thomson Rivers University, in partnership with Pro Bono Students Canada and SALCBC.
