A Landmark Step Forward for Survivors of Intimate Partner Violence
At this year’s YWCA BC’s Annual General Meeting on Sept. 8, we had the opportunity to dive deeper into a landmark Supreme Court of Canada decision that could help survivors of intimate partner violence access greater justice. We were honoured to welcome Caitlin Ohama-Darcus, a litigation partner at Lawson Lundell LLP, for a fireside chat with YWCA BC Board director Carol Liao.
Caitlin Ohama-Darcus and associate Nicole Welsh represented Battered Women's Support Services (BWSS) as interveners before the Supreme Court in the historic Ahluwalia v. Ahluwalia case. Drawing on her involvement in the case, Caitlin unpacked the significance of the Supreme Court’s May 2026 decision, which recognized a new tort (civil wrong) of intimate partner violence. In conversation with Carol, she discussed how this legal development could be used by survivors seeking recognition and compensation through the justice system.
The decision recognizes that intimate partner violence is not limited to isolated acts of physical harm. It can also involve coercive and controlling conduct that undermines a survivor’s dignity, autonomy and equality. By addressing these harms, the tort gives courts a clearer way to recognize survivors’ experiences and award compensation for loss of dignity, autonomy and sense of self.
“It is immensely powerful to have intimate partner violence and the experience of coercive control spoken about by the Supreme Court of Canada. It sheds further light on an experience that so often happens behind closed doors or within families, is not spoken about and is witnessed by too few,” Caitlin said.
During the discussion, Caitlin described how organizations such as YWCA BC can support survivors as they pursue a legal claim.
“Organizations like the YWCA provide supports and everything else that a woman needs to take care of herself and her family,” she said. “If we are going to have women going through the legal process, trying to keep their heads held high and trying to keep their families and themselves supported, that’s where YWCA comes in, because you’re the ones making that possible.”
Before the discussion, the audience heard from Kuldeep Ahluwalia, the survivor whose pursuit of justice after years of abuse by her former husband was at the heart of the case that led to recognition of the new tort. In a video interview recorded with YWCA BC in July, Kuldeep spoke about her experience and growth through the trial.
"What began as a fight for my own self, for my own justice, evolved into a commitment to advocate for the rights of many other survivors facing similar challenges," said Kuldeep.
Kuldeep spoke about how survivors of intimate partner violence can struggle to gain control of their lives because abuse and coercion create barriers to education, employment and economic independence. Despite her education, she said she was prevented from advancing her career, leaving her vulnerable to further abuse. She emphasized that support is essential to helping survivors regain independence and dignity.
“I would like to see more measures that provide survivors with access to education, such as skills training and employment opportunities. I would also like to see affordable child care and, if possible, some financial support during this transition period,” she said. “These measures would help survivors regain stability, achieve self-sufficiency, rebuild their lives and live with confidence and peace.”
YWCA BC’s programs and services provide critical building blocks for women affected by intimate partner violence, supporting safety, stability and pathways forward. This development in Canadian law adds another important tool that can help survivors have the full impact of abuse recognized by the legal system.
We are deeply grateful to Lawson Lundell LLP for sponsoring the event. We’re also grateful to Kuldeep for sharing her experience and reflections with us, and to Caitlin and Carol for guiding this timely and thoughtful conversation. Thank you to everyone who joined us to learn more about this important step toward justice and gender equity.
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