Dear Editor,
As the Supreme Court of Canada prepares to rule in Ahluwalia v. Ahluwalia—a decision that could redefine justice for survivors of intimate partner violence (IPV), I reflected on how such a measure in Guyana would enhance our response to IPV, in particular how would this impact survivors who see justice for harm which sometimes impact their ability to work, find work etc.? I also thought about impacts on perpetrators?
In 2022, an Ontario Superior Court judge made history by recognizing a new tort of family violence, awarding CAN$150,000 to a survivor who endured years of physical, emotional, financial, and psychological abuse, including coercive control. The judge ruled that existing torts like assault and battery fail to capture the cumulative, patterned harm that defines IPV.
The Ontario Court of Appeal overturned this in 2023, insisting that traditional torts, properly applied, are sufficient and reduced damages to CAN $100,000. Now, the Supreme Court will settle whether Canadian law should evolve to reflect the lived reality of survivors.
Guyana’s Family Violence Act provides strong criminal sanctions but offers no civil restitution, leaving survivors without financial remedy. A dedicated tort for family violence would empower survivors with economic justice – compensating lost wages, therapy, and relocation while legally recognizing coercive control and enabling them to control their own lawsuits without relying on police or the DPP. This would fund long-term recovery, breaking cycles of dependency. For perpetrators, it would impose financial accountability, deterrence through garnished wages or frozen assets, public exposure via court records, and a behavioural shift by requiring them to pay for the harm beyond mere apologies.
A dedicated tort would: Recognize coercive control as a distinct injury, not just isolated acts; Enable fair compensation for long-term trauma, lost earnings, and diminished capacity; Send a strong societal signal that family violence is not “private”—it is a public wrong with individual, community and societal consequences. It’s time for the law to catch up to the truth, family violence is not just a crime, it is a civil wrong that demands remedy.