Criminalizing Coercive Control in Canada: Learning from an International Comparative Analysis

While coercive control and its role in family and intimate partner violence is not new, there has recently been an emerging movement toward its criminalization in various jurisdictions. This article does not argue that Canada should criminalize coercive control. Instead, given the recent interest in its criminalization, it simply examines how coercive control could be criminalized in Canada. This article begins by reviewing proposed theories and definitions of family violence, intimate partner violence, and coercive control. However, despite extensive literature on these topics, broad conclusions that can be drawn are limited, given the use of varying definitions and theoretical frameworks. Nevertheless, emerging empirical research has attempted to identify and measure coercive control’s key underlying constructs to standardize the operationalization of the term. This article examines this literature alongside legislation against coercive control from other jurisdictions to understand how coercive control could be better addressed legislatively in Canada. However, this article cautions against the likelihood that adding a new criminal offence on its own will have a meaningful effect in helping address the larger issues of family and intimate partner violence. Thus, this article concludes by offering three recommendations to ensure that a coercive control offence has its desired effect.