Keira's Law: The Crucial Step Towards Protecting Survivors of Domestic Violence

Introduction to Keira's Law

Keira's Law is named after Keira Kagan, a four-year-old girl who was found dead in a believed murder-suicide act by her father Robin Brown at the base of a cliff in Milton, ON.

The Tragic Case of Keira Kagan

The death of Keira Kagan occurred no less than two weeks after being ordered into the father’s unsupervised care. However, there were many apparent warning indicators of her father’s increasing abusive and controlling behaviour.

Warning Indicators and Legal Struggles

Throughout her family law matter, Keira’s mother Jennifer Kagan-Viater raised the issue of the abuse she was subjected to by her husband repeatedly and out of concern for her daughter, Ms. Kagan-Viater sought on multiple occasions to have Mr. Brown’s contact with Kiera limited. However, Mr. Brown on every occasion was given extensive and unsupervised parenting time despite considerable evidence of severe abuse being found.

Passage of Keira's Law

On April 27, 2023, a law known as "Keira's Law" was passed, receiving royal assent and officially becoming law on May 27, 2023. The purpose of this law is to ensure judges receive education regarding domestic violence and coercive control in intimate partner and family relationships. Its main focus is on judges who handle cases involving domestic violence, coercive control, and the consideration of risk factors.

Key Changes Introduced by Keira's Law

Amendment of the Judges Act:

• All provincially appointed judges and justices of the peace are now required to be educated (through seminars) and trained in intimate partner violence and coercive control.

Amendment of the Criminal Code:

• Electronic Monitoring Devices: In intimate partner violence cases, before making a release order regarding an accused who is charged with an offence against their intimate partner, a Justice is now to consider whether it is necessary in the interests of the safety and security of any person to include as a condition of the order that the accused wear an electronic monitoring device.

Conclusion

Keira's Law represents a significant step towards improving the protection of survivors of domestic violence. By ensuring that judges and justices of the peace are well-educated in recognizing and responding to domestic violence and coercive control, the law aims to prevent tragedies like Keira Kagan’s death and ensure that survivors receive the protection and support they need.