Send this page to someone via email

The acquittal of a B.C. man accused of shooting his pregnant ex-girlfriend in the stomach, causing her to lose her baby, represents the latest failure of the legal system to protect victims of domestic abuse, a women’s rights advocate argues.

Carleton Stevens was found not guilty of attempted murder on Wednesday, after the judge ruled there was reasonable doubt he had intent to harm the woman or the baby, which was also his.

Angela Marie MacDougall, executive director of Battered Women’s Support Services in Vancouver, says the verdict was “devastating and painful” to hear.

“I think many of us are feeling outraged,” she said Thursday. “This is, again, a painful and devastating reminder of the limitations of the Canadian legal system when it comes to violence against women.”

Story continues below advertisement

MacDougall applauded Crown for pursuing the attempted murder charge, saying it recognized “all the factors” and “architecture” of a domestic homicide.

But defence lawyer Chandra Corriveau argued outside the court Wednesday that the judge was right to conclude the shot was fired in the course of a struggle, rather than with intent.

2:13 Not guilty verdict in attempted murder and death of unborn child Not guilty verdict in attempted murder and death of unborn child

Corriveau called the circumstances “incredibly tragic” and admitted Stevens had been proven to be threatening towards the victim, who was only identified as J.Y. due to a publication ban.

“The difficulty is that threatening and attempted murder are simply very different charges,” she said.

“I think even in my submissions I acknowledged that if Mr. Stevens was charged with threatening he was absolutely — the elements of that offence were certainly made out. But that’s not what the offence that was charged was, and it’s unfortunate for victims of domestic violence.”

Story continues below advertisement

Prosecutors alleged that Stevens was consumed with jealousy and rage at perceived infidelity on J.Y.’s part.

The court heard that Stevens had made repeated threats to kill J.Y., her child, and her friend Taj Lovett, who Stevens suspected was having an affair with J.Y.

MacDougall says women are more likely to be killed by a partner after an abusive relationship, noting the vast majority of domestic homicides are committed by ex-partners.

0:33 How high are the rates of violence against women? How high are the rates of violence against women?

She added those threats were a risk factor that pointed towards the potential for violence, along with the fact that J.Y. was pregnant and that Stevens had access to weapons despite a court-ordered ban.

Story continues below advertisement

In Canada, a woman or girl is killed nearly every other day on average, according to a January report from the Canadian Femicide Observatory for Justice and Accountability.

Federal statistics also show one woman is murdered by her partner every week on average, while one in three women will experience some form of sexual violence over the course of their lives.

MacDougall said B.C. has a strong network of support services like her’s, along with transition houses and victims’ services organizations, that help women escape domestic violence. She also called for more funding for those services.

But she said the legal system needs to recognize the extremely specific factors that allow violence against women to become widespread, and find ways to combat those factors and deter violence.

So far, she hasn’t seen any progress towards that goal.

4:16 Is Canada doing enough to end violence against women? Is Canada doing enough to end violence against women?

“The legal system has been failing women for a really long time,” she said. “In this case, we see what we would consider another glaring failure.

Story continues below advertisement

“If judges had appropriate training, if Crown counsel understood this particular architecture, we might have seen a different result had there been this understanding of this kind of violence and how lethal it is.”

Public Safety Minister Mike Farnworth wouldn’t offer an opinion on the verdict and what message it sends to domestic abuse survivors.

“The judicial system has rendered its verdict, and any further steps, whether there is an appeal or not, will be made by the Attorney General’s ministry,” he said.

Stevens remained in custody as he awaits to face his outstanding charge of possession of a prohibited firearm contrary to a court order, which also stems from the shooting.

A trial date for that charge has not yet been set. Stevens has pleaded not guilty.