N.L. judge imposing banishment in IPV case signals ‘frustration’ with system, says advocate

An advocate is applauding a provincial court judge banishing a man with a history of intimate partner violence from entering two communities on Newfoundland’s west coast — but only time will tell if it works.

In a sentencing decision dated June 12, Judge Wayne Gorman barred a man, only referred to as DM, from entering Corner Brook or Mount Moriah as part of a probation order which comes into effect when he is released from prison. The banishment is in addition to a 12-month incarceration and three years of probation.

According to the decision, DM pleaded guilty to a number of offences, including criminal harassment, uttering threats and two breaches of a release order requiring him to stay away from his former partner.

In his decision, Gorman wrote banishment has a “long and dreadful history,” but he felt it was necessary in this case.

“There are times when an offender’s actions are so frightening, persistent, and obsessive, that it may be the only way to provide any protection to a victim,” Gorman wrote, adding he had “grave concerns” DM would not follow his probation’s no-contact order and would harm his former partner.

“I have concluded therefore, that this is one of those rare and exceptional cases where such a condition should be included in the probation order,” Gorman wrote.

Paula Sheppard, executive director of the Corner Brook Status of Women Council, called Gorman’s decision “interesting.”

“I think what it shows is a bit of frustration on the part of the judicial system in dealing with these continual breaches in which safety is a huge concern,” she told CBC Radio’s Newfoundland Morning.

Sheppard said the decision to banish DM could be a “bright spot” when it comes to prevent future acts of violence.

“It means we have a new tool to actually be used that may actually be a deterrent for some individuals,” she said, adding it puts some responsibility on the community to report sightings of the man as opposed to the victim.

“It will be interesting to see how this plays out.”

In this case it’s not known at this point if the order will keep the woman safe, though Sheppard hopes DM will abide by the conditions laid out by the courts. However, she also said advocates see breaches on the docket regularly and no-contact orders are just a “piece of paper.”

When a separation occurs where there is intimate partner violence, Sheppard said “power and control that occurs within those violent relationships still wants to be exerted.”

Control can take the form of various forms of communication, like calling, emails and texting, as well as following and making threats, she added.

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In DM’s case, Sheppard said there were instances of multiple breaches or court orders over a sustained period of time and “I think at this point the judicial system has said enough.”

In late May the provincial government declared gender-based violence an epidemic and announced a 12-member task force to deal with the problem, made up of government members and community advocates.

Sheppard said her organization has been calling for a task force for a decade and is pleased it was created.

“Our hopes are that the voices of survivors will be listened to.”

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