BWSS Observes Prisoners Justice Day 2024

August 10th marks Prisoners’ Justice Day (PJD), a day of reflection and resistance.

At BWSS, we recognize that for many survivors, the trauma of domestic violence, sexual assault, and other forms of gender-based violence (GBV) is deeply intertwined with the systems of incarceration and police violence. As highlighted by Survived and Punished, these experiences are often compounded by these oppressive systems. Data from the Canadian Association of Elizabeth Fry Societies reveals that 85% of federally incarcerated women have endured physical abuse, and 68% have experienced sexual abuse. Among Indigenous women, this figure rises to a staggering 90%.

The Impact on Racialized Women and Communities

Racialized women represent the fastest-growing prison population in Canada. Black and Indigenous women, who make up only 4% and 3% of the country’s adult female population respectively, account for over half of all federally sentenced women.

“Trends in prison populations show that criminalization is shaped by racist perceptions of crime. Robyn Maynard, in Policing Black Lives, describes this as the criminalization of race.” — Decriminalizing Race, Canadian Centre for Policy Alternatives, 2020

The experience of incarceration often exacerbates the trauma that survivors of gender-based violence have already endured. Prisons are not places of healing; rather, they frequently perpetuate cycles of violence and further entrench social inequalities. As the Canadian Association of Elizabeth Fry Societies notes, “The vast majority of women in prison are survivors of violence. Yet, instead of receiving support and resources to heal, they are criminalized, punished, and subjected to further violence and trauma.”

Incarceration also disrupts the lives of families and communities. Children of incarcerated parents often face stigma, financial hardship, and emotional distress. The effects of incarceration ripple outward, affecting not just the individual behind bars, but their loved ones as well.

Addressing the Arrests of Battered Women: Challenges and Advocacy

For more than a decade, BWSS has actively responded to the arrests of survivors of intimate partner violence. Our concerns grew in 2008 with the increasing number of women seeking our services after being arrested for allegedly perpetrating domestic violence against their male partners.

We continue to support women who have been criminalized zed while advocating for institutional and systemic change. Through our frontline work, we have discovered that many of these women acted in self-defence, with evidence to support their claims.

Recent data underscores this issue. A 2022 study by the Canadian Centre for Justice and Community Safety found that women are often arrested under circumstances where they were defending themselves against an abusive partner. Additionally, Statistics Canada (2019) reports that while 30% of all police-reported family violence victims are men, many incidents involve women who acted in self-defence after enduring prolonged abuse. These realities highlight the need for a legal system that recognizes and protects survivors rather than criminalizing them.

Battered women are often arrested due to the misapplication of pro-arrest policies, as discussed in our article “We Had to Arrest Someone!” This issue is rooted in misconceptions like The Myth of Mutual Battering, an assessment tool developed in 1991 by former BWSS staff member Janet Freeman, which continues to influence law enforcement policies in B.C. The consequences of these arrests are severe, involving legal, social, economic, and emotional challenges that exacerbate the hardships faced by women already suffering from relationship violence. Many women experience further negative impacts, such as child welfare involvement, family law and custody battles, employment barriers, incarceration, and immigration issues, which often make them more vulnerable to further abuse and less likely to involve police in their safety plans.

In response, we identified four key areas of vulnerability for battered women within the legal system: arrest for allegedly perpetrating domestic violence, incarceration related to post-trauma coping behaviours (disproportionately affecting Indigenous women), precarious immigration status or refugee status, and self-representation in family law cases. BWSS remains committed to addressing these challenges by providing targeted support and training, advocating for a legal framework that prioritizes the safety and dignity of all women.

Learn more about When Battered Women are Arrested and BWSS’ Efforts to Address These Challenges.

Rethinking Incarceration and Advocating for Change

In the words of Senator Kim Pate, a long-time advocate for the rights of incarcerated women, “We need to rethink our reliance on incarceration as a solution to social issues. Prisons are not the answer to poverty, mental health issues, or the legacies of colonization and systemic racism.” Today, BWSS stands in solidarity as we observe PJD, affirming the lives and self-determination of all survivors of gender-based violence. We are committed to advocating for justice that does not rely on incarceration, but rather seeks to address the root causes of violence and inequality in our society. As we commemorate Prisoners Justice Day, we call for a future where healing and support take precedence over punishment, and where all individuals—especially survivors of gender-based violence—can live with dignity and freedom. The Justice Centre at BWSS provides enhanced legal supports and education that play a critical role in helping survivors navigate complex legal systems and bridging a gap in services that is often insurmountable without support. If you or someone you love needs support, please call our crisis line at 604-687-1867 or toll-free at 1-855-687-1868.