Issue 2
Justice Rajnauth-Lee held that the Magistrate and Court of Appeal failed to appreciate that the issue before them was one of statutory interpretation, which is a question of law to be determined by the judges. As such, their determination of a question of law is to be based on their interpretation of the Act supported by the facts provided by the appellant as it relates to her relationship with the first respondent, not based on the opinion of the appellant. Further, Justice Saunders stated that the questions as to whether the appellant was a ‘former spouse’ or whether she was or was not in a visiting relationship or whether she was entitled to apply for a protection order “were all legal conclusions to be drawn from primary facts” of which “the Magistrate was required to take due note of and form an independent assessment from the primary facts.”
Conclusion
Domestic violence and abuse is a major issue in our society. With the introduction of the DV Act, Parliament has attempted to lay out the foundation for preventing and discouraging domestic abuse, protecting and providing a means of protection for domestic abuse victims, and punishing all abusers. Therefore, victims and witnesses of the abuse must utilise the DV Act to prevent and stop abuse and punish all abusers. We can alleviate this problem collectively by educating ourselves and others on what types of behaviour constitute abuse and how we can seek redress through the legal system. Moreover, we can lobby our elected officials to implement a layered support system for victims of domestic abuse, including assisted housing, financial support for victims who need it, as well as career training and job placement assistance to help victims gain independence and build or rebuild their lives.
