Episode 6: "It Does Matter": Family Violence at the BC Court of Appeal
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Episode 6: "It Does Matter": Family Violence at the BC Court of Appeal
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ABOUT THIS EPISODE: In this episode, we are joined by Vandana Sood - a staff lawyer at Rise, who answers question regarding myths and stereotypes at the trial level. In 2024, Vandana represented the mother and appealed a final parenting order that provided the father (the respondent) with equal and unsupervised parenting time. The BC Court of Appeal found that the trial judge had failed to conduct a proper analysis of the mother’s allegations of family violence. The Court of Appeal also found that the trial judge failed to consider the effect of a child’s exposure to family violence when assessing the best interests of the child, and relied on in reaching the trial decision. In this episode, the hosts ask Vandana about:
- What were some of the myths that appeared at the trial level?
- Why was the recognition of these myths in the higher court so important?
- What is the importance of considering indirect family violence (vs. Direct family violence)?
- What does this case, KMN, do for the future of family law cases?
References:
1. Court of Appeal Judgement
2. Canlii decision: K.M.N. v. S.Z.M., 2024 BCCA 70 (CanLII)
LEGAL DISCLAIMER: Everything that we have said today is not legal advice. If you or someone you know needs legal advice, please consult with a lawyer.
TRIGGER WARNING: Our podcast series will discuss difficult topics such as gender-based violence and intimate partner violence, including physical, sexual, emotional, psychological and financial abuse. Please be aware that this is a thread that is woven throughout all the episodes, and we hope you will take care of yourselves however you need.
MUSIC: Song "Crushing", performed by Reveille (license purchased for use)
GRAPHICS: By Melanie Ligale
This episode is made possible the generous contribution by Women and Gender Equality Canada, Femmes et Égalité des genres Canada
ABOUT THE ORGANIZATION: Rise is a community legal centre providing accessible legal services to self-identified women and gender diverse people in British Columbia since 2016. Our programs and services are aimed at providing limited legal services to economically disadvantaged clients, who are self-representing in their family law matters in BC
For more information on our organization, visit Rise Women's Legal Centre