Jane Doe Legal Network
January 30, 2014
These submissions are made on behalf of the Jane Doe Legal Network’s Advocates’ Group. The Jane
Doe Legal Network is a project at Pivot Legal Society, developed to service women who have
experienced violence and are navigating the justice system. The Jane Doe Advocates’ Group is a
coalition of advocates, lawyers and service providers who meet for local education and networking
purposes, to provide input into Jane Doe Legal Network services, to discuss community needs and take
action on issues of mutual concern.
Upon learning about the Ministry of Social Development and Social Innovations’ province-wide
consultation on issues facing people with disabilities in British Columbia, we had a roundtable discussion
about the how (sic) disability intersects with our work in the anti-violence sector. We have identified
three issues related to the intersection of violence and disability in women’s lives that we believe this
process should consider as part of this consultation.
1. Inaccessibility of services for women survivors of violence for women living with disabilities
The first challenge that our group identified as arising when gendered violence intersects with
disability in women’s lives is that many of the services that exist for women survivors of violence
are not accessible to women with disabilities. In particular, transition houses are not able to
accommodate a range of disabilities. Some houses do not feel that they are equipped to house
women with certain mental health diagnoses. Other houses are unable to accommodate
particular physical disabilities. This means that some especially vulnerable women do not have
access to the safety and support that transition houses provide.
Other programs, such as the Crime Victims Assistance Program, do not inquire about the
accommodation needs as part of their intake process. This information is not always relevant,
but in some cases it is critical in order to make appropriate determinations of eligibility, to
communicate effectively with the woman, and to provide meaningful referrals to applicants.
Whether the victim of the crime is living with mobility issues, a mental health diagnosis or a
cognitive disability, it is critical that staff who review and respond to applications are aware of
the particular needs of the individual applicants.
It is also important to look at whether services providers and caretakers working with women
with disabilities have the knowledge they need to recognize and respond to gendered violence.
One member of our group shared the story of a woman with a cognitive disability who was the
victim of a sexual assault. The woman engaged with victim services, but the caregiver who
received her mail believed that pursuing the matter would be too stressful and made the choice
not to facilitate ongoing correspondence on the woman’s behalf.
2. Failure of the family law system to acknowledge the impact of violence in creating disability
The scholarly research is clear that disability, whether mental, physical or cognitive, has a
profound effect on women’s vulnerability violence and ability to leave a violent or abusive
situation. What is less well understood is the role of gendered violence in causing or
exacerbating disability. Legal advocates and service providers in our group often raise the
concern that by the time women who come to see them, as they are often suffering the effects
of years, if not decades, of physical and emotional abuse. The impact of that abuse can include
concussions, chronic pain, depression and anxiety.
Rather than recognizing the abuse and its detrimental impacts on the woman’s physician and
mental health, the disabilities that have developed as a result of the violence are used to
undermine the woman’s credibility, call into question her parenting, and ultimately to deny her
a family law order that actually reflects the best interests of the children and the woman’s right
to safety. It is crucial that this issue be taken into account in adjudicating legal aid applications,
in alternative dispute resolution processes and in parent assessments.
3. The child protection system response to mother coping with disability and violence
We also know that disability has a negative impact on the perception of women’s ability to
parent effectively. Thus, mothers with disabilities are particularly vulnerable to intrusive child
welfare interventions, particularly when disability is combined with gendered violence and/or
property. We often hear from women with disabilities who reach out for supports that would
allow them to care for their children effectively while managing their own health needs because
they are concerned about child welfare workers’ response and having their children labelled as
“at risk”. For women who are caregivers to children with disabilities, particularly in a context
where women are also dealing violence (sic), family court, and/or poverty there is also a concern
that reaching out for supports will be perceived as a negative reflection of their ability to parent.
In preparing the final paper coming out (sic) this process, it is imperative that the Province apply
an intersectional analysis that incorporates gender, experiences of violence, and poverty into
the assessment, in order to best meet the needs of all British Columbians living with the impacts
of disability.
To discuss our submission further please contact:
Darcie Bennett, PhD
Jane Doe Legal Network Coordinator
(604) 255-9700 ext. 102
dbennett@pivotlegal.org
121 Heatley Avenue Vancouver BC V6A 3E9