THE LEGAL DEATH OF HOPE

On April 18, 2007, three male judges of the Appeals Court of British Columbia rendered a decision in the case of Rick vs. Brandsema that removes any hope for women in abusive relationships.

The effect of this decision is to say to those women that matters of conscience, justice, equality, equity, and fairness, do not apply to them. It matters not that there was a power imbalance in the relationship, lack of sophistication of the victim, proven fraud on the part of the abuser, diagnosed and treated Post Traumatic Stress, and emotional fragility clearly demonstrated in court. If an abusive spouse can withhold information, hide money, and con you into signing a patently unfair agreement, you are done and no one cares.

Apparently British common law no longer works for women in Canada. That bastion of fairness that protected the average person from bad applications of statutory law, is irrelevant now. The abusive spouse can coerce you, con you, hide things from you, use your children against you, beat you down until you are just breathing, and then: if you sign it, you are done and no one cares.

When the letter of statutory law becomes more important than the people it is meant to serve and protect, it is fatally flawed. We do not believe that it was the intent of those who drafted or enacted our laws that they be applied in such an unforgiving, inflexible, and unjust manner. We do not believe that it was the intent of legislators to deprive abused women of hope, and of their rights. The Charter of Rights, Freedoms, and Responsibilities speaks to a fundamental right to equality under the law. Does “equality” mean that an undereducated woman that has been kept in an isolated farm culture, where lack of real information or outright misinformation and tolerance of spousal abuse is the norm, stands before the court on an equal footing with her “husband”, a sophisticated wife beater that sits on numerous corporate and organizational boards? Is she equal when she signs documents that she cannot see, let alone understand? Does the Charter err in demanding equality for each man and woman vs. fairness in circumstance? We do not believe that the Charter excludes consideration of circumstances, but will leave that issue to scholars to debate. If it is true, then the Charter is fatally flawed as well.

This decision has created a legal precedent that offends every sense of conscience. It is a greater crime against humanity to kill an abused person’s hope, than to kill their body. Death of the body ends pain and suffering, death of hope makes pain and suffering a permanent condition. We are offended by conditions in Darfur, Afghanistan, and other places where human rights are trampled by governments. We must be offended by this decision.

Ms. Rick has applied for leave to bring this matter before the Supreme Court of Canada, and the panel has been assigned to consider the application. The panel includes Chief Justice Beverly Maclachlin and Justices Charron and Rothstein.

Ms. Rick feels that it is a matter of national importance and wishes to know if the appeals court ruling is, in fact, the will of the Canadian justice system. She does not believe that “no one cares.” She asks that you review this decision and, if you decide that you do care, take action to let the Supreme Court of Canada know how you feel. Please circulate this message to others who may also care. The fundamental right of fair treatment of all abused women, and men, before the law is at stake.

This letter will form the body of both a press release and a campaign for support and public action from women’s groups across Canada, and perhaps beyond. It indicates a fundamental erosion of the rights that suffragettes fought for over the last hundred years, and is an erosion of our commitment to human rights in this country. Women comprise some 50% of the votes, while First Nations wield only some 3%. We think there is a base for some political action here. It is time for women and men of conscience to stand united once again to demand fairness and real justice before the courts.

Ms. Rick can be contacted at:

baer1@telus.net

Link to SCC case info:

http://cases-dossiers.scc-csc.gc.ca/information/cms/docket_e.asp?32098