The future of marginalized women in the Canadian criminal justice system
On Feb. 28, the University of Guelph held its annual Truscott Lecture in Justice in honour of Steven Truscott who was wrongfully convicted and spent 10 years in prison. The lecture, which has been held at the university for the past decade, recognizes the injustices that can occur at the hands of the Canadian criminal justice system.
Senator Kim Pate was the guest speaker this year. Pate was appointed to the Senate in 2016, following 24 years as executive director at the Canadian Association of Elizabeth Fry Societies (CAEFS). The CAEFS works with marginalized women in areas of the criminal justice system.
This year’s Truscott Lecture dealt primarily with the treatment of marginalized women, especially women who used lethal force against their abusers. Pate is credited with being a major influence in opening an inquiry into certain events at the Prison for Women in Kingston, Ont. This inquiry has led to the implementation of the Self-Defence Review which was tasked with reviewing the sentences and convictions of women who used lethal force against their abusers in self-defence.
Pate explained that self-defence is exclusively attributed to acts in which your life is in immediate danger, which is not the case for many victims of abuse who finally confront their abusers. Many women kill their abusers as a result of a threat to their lives, but more commonly their children’s lives. As such, they often don’t give their abusers a chance to further harm them before acting or they wait until their abusers are incapacitated. However, Pate argues that it is unreasonable to expect a woman to wait until a gun is pointed at her before taking action and, for abused women to do so, would likely mean forfeiting their lives.
Another issue Pate addressed was the fact that many of these women plead guilty. Entering into a plea bargain is seen as more desirable than undergoing a trial in which they could be sentenced to upwards of 25 years. Furthermore, Pate discussed how in many cases the only witnesses of a woman’s abuse are her children. If this is the case many women will refuse to allow their children to testify and as such plead guilty to avoid a trial. In the cases where a woman has pleaded guilty, it is very difficult to appeal the case.
Pate drew on a wealth of professional experience serving in the criminal justice system and cited several examples of women who were subject to scrutiny from the public for their actions against their abusive husbands. These examples included the cases of Kim Kondejewski and Tammy Marquardt.
Kim Kondejewski
Kondejewski was a victim of abuse at the hands of her husband for almost 20 years. Her husband was part of the Canadian military, and the isolation of living as a military wife combined with her husband’s dangerous spending habits, drinking, adultery, as well as the physical and emotional abuse Kondejewski experienced was a debilitating combination.
However, the height of the emotional and physical abuse came as her husband threatened to kill her and their two kids if Kondejewski did not die by suicide. Fearing for the lives of her two children Kondejewski waited for her husband to come home and then shot him, then turned the gun on herself.
Kondejewski lived through her suicide attempt and was found not guilty at trial. However, Pate emphasized that the consequences of abuse don’t end there. Kondejewski still struggles with blaming herself for the abuse and is buried in debt because of her husband’s spending habits.
Tammy Marquardt
The second example Pate shared was the case of Marquardt, who was imprisoned for the death of her son, Kenneth, who was two years old and epileptic.
According to the prosecution, Kenneth died of asphyxia at the hands of his mother. However, she plead not guilty and asserted that an epileptic seizure led to his death.
Marquardt was finally released after 13 years in prison after new medical evidence allowed an appeal of her conviction.
A few years ago, Pate gave a talk alongside Marquardt. Marquardt wore a t-shirt emblazoned with the words: “It happened to me so it could happen to you.” Pate impressed on the audience that this wasn’t true. She explained that if she had called an ambulance, living in the neighbourhood she does, with the education she has, Pate would not have been treated the same way as Marquardt.
Pate argued the criminal justice system still does not have an efficient way of addressing abused women and the lengths some of these women go to to protect themselves. Moreover, she highlighted that the overrepresentation of marginalized women in the Canadian criminal justice system is not being properly recognized. Pate concluded by advocating for more accessible healthcare and a livable minimum wage.
Photo courtesy of Wikimedia Commons