The recent murder of a woman in British Columbia (B.C.) has sparked a debate regarding intimate partner violence risk assessments. The B.C. murder suspect, James Plover, met several risk factors listed on a confidential police tool used to assess intimate partner violence. Despite the clear warning signs, Plover was released on bail and within hours, his estranged wife was found fatally injured.
Intimate Partner Violence Risk Assessment Tools
Intimate partner violence risk assessment tools are used by police to evaluate the potential for future violence in domestic situations. Factors such as threats, acts of violence involving choking or strangulation, and instances of the suspect discussing or attempting suicide are all considered. In Plover’s case, all these factors were present, and he was marked with a ‘stick-of-dynamite’ logo, indicating an increased severity of future violence.
Despite these red flags, Plover was released on a $500 bail. Tragically, less than three hours later, his estranged wife, Bailey McCourt, was found fatally injured in a hammer attack. Plover was subsequently arrested and charged with her murder.
Underused and Inconsistently Applied Tools
While risk assessment tools have been in existence for several years, advocates argue they are often underused, ignored, and inconsistently applied. These tools, such as the “BC Summary of Intimate Partner Violence Risk Factors,” are designed to guide police investigations, provide victim support, and inform offender management decisions.
The B.C. Ministry of Public Safety and Solicitor General, while acknowledging the use of the risk-factor tool for sharing risk information with Crown counsel for bail purposes, declined to share its guidelines, citing confidentiality.
Need for Better Risk Assessments
The B.C. Ministry of Public Safety and Solicitor General has recognized the need for improved risk assessments in cases involving intimate partner violence. Currently, the Crown counsel relies on police and correctional agencies to provide information on the risk posed by an accused person.
Angela Marie MacDougall, the executive director of Battered Women’s Support Services in Vancouver, has been advocating for standardized risk assessments in intimate partner violence cases. MacDougall stressed the importance of these assessments, stating that if the police fail to carry out the risk assessment, it cannot be presented to the court, leading to a lack of deeper investigation.
Call for Standardized Risk Assessments
Calls for standardized risk assessments are not limited to B.C. Deepa Mattoo, executive director of the Barbra Schlifer Commemorative Clinic in Toronto, shared similar sentiments. Mattoo emphasized the need for a survivor-centered framework to anticipate and mitigate risks, leading to the creation of their own tool called the Risk Identification and Safety Assessment.
Provincial and Federal Measures
In response to the public outcry, B.C.‘s Attorney General Niki Sharma announced new provincial measures aimed at ensuring consistency in the use of risk assessments across B.C.’s legal system. In addition, the federal government introduced new legislation, the Protecting Victims Act, which classifies femicide, including cases relating to an intimate partner, as first-degree murder.
The Importance of Nuance in Legal Proceedings
However, legal experts caution against overarching policies. Amanda Ross, a lawyer and partner at Goldbloom Ross Cunningham in Toronto, pointed out that each case of intimate partner violence is unique and requires an individual assessment. She emphasized the need for nuance in court proceedings and warned against the potential negative impacts of sweeping changes like the proposed reverse onus for bail.
Moving Forward
Despite the challenges, the move towards standardized risk assessments is seen as a crucial step in combating intimate partner violence. Recognizing patterns of violence and acting on them can support intervention and protection for victims, and hold the perpetrators accountable. The tragic case of Bailey McCourt underscores the urgent need for systemic change in the way we respond to intimate partner violence.
