An Estimation of the Economic Impact of Spousal Violence in Canada, 2009

Appendix A: Justice System Costs ^{Footnote 76}

A.1 Criminal Justice System

A1.1 Police

Table A.1 presents the allocation of police expenditures between all spousal violence-related offences according to their severity weights
Total police expenditures, 2009	$12,316,896,000 ^{Table note a}
Proportion of police expenditures spent on crime-related activities	65% ^{Table note b}
Police expenditures on crime-related activities ($12,316,896,000*0.65)	$8,005,982,400
Police costs – spousal violence against females	$121,599,167
Police costs – spousal violence against males	$23,975,267
Total Criminal Justice System Costs, Police	$145,574,434

Table A.1 : Police Expenditures Allocated between Spousal Violence Offences
Offences	Severity weights ^{Table note c}	Police costs per incident	# of incidents against ^{Table note d}		Police costs for incidents against
Offences	Severity weights ^{Table note c}	Police costs per incident	F	M	F	M
Murder – 1st degree & 2nd degree	7,042	$344,444	48	10	$16,700,326	$3,479,235
Manslaughter	1,822	$89,101	1	5	$90,001	$450,003
Criminal negligence causing death	688	$33,611	3	1	$102,002	$34,001
Other violations causing death	62	$3,029	3	1	$9,179	$3,060
Attempted murder	1,411	$69,019	44	14	$3,067,515	$976,027
Conspire to commit murder	611	$29,887	3	1	$90,566	$30,189
Aggravated sexual assault – level 3	1,047	$51,225	9	0	$465,678	0
Sexual assault with a weapon – level 2	678	$33,181	37	1	$1,240,098	$33,516
Sexual assault – level 1	211	$10,320	726	15	$7,494,997	$156,363
Sexual interference/Invitation to sexual touching/Sexual exploitation/Anal intercourse	211	$10,320	6	0	$62,551	0
Voyeurism	86	$4,207	2	0	$8,498	0
Aggravated assault – level 3	405	19,804	189	70	$3,740,820	$1,380,303
Assault with weapon/causing bodily harm – level 2	77	$3,785	4,124	1,812	$15,611,108	$6,859,252
Assault – level 1	23	$1,146	23,899	5,444	$27,391,520	$6,240,080
Unlawfully causing bodily harm	143	$6,995	46	9	$325,010	$63,589
Discharge firearm with intent	988	$48,328	3	0	$146,447	0
Using firearm in commission of offence	267	$13,060	9	3	$118,729	$39,576
Pointing a Firearm	194	$9,489	9	3	$86,268	$28,756
Assault police officer – level 1	42	$2,054	0	4	$0	$8,301
Criminal negligence causing bodily harm	399	$19,517	7	0	$137,998	0
Other assaults	58	$2,837	75	16	$212,062	$45,851
Forcible confinement/Kidnapping	477	$23,332	1068	29	$24,911,308	$683,470
Hostage taking/trafficking in persons	1278	$62,513	5	0	$315,721	0
Robbery	583	$28,517	102	24	$2,909,331	$691,326
Intimidation of a justice system/a non-justice participant	67	$3,277	68	10	$221,796	$33,104
Extortion	229	$11,201	29	7	$328,123	$79,202
Criminal harassment	45	$2,201	2754	349	$6,060,962	$769,293
Threatening or harassing phone calls	17	$832	843	289	$701,356	$240,225
Uttering threats	46	$2,250	3949	713	$8,886,643	$1,604,596
Arson, disregard for human life	322	$15,750	4	2	$63,638	$31,819
Other violent violations	143	$6,995	14	2	$98,916	$14,131
Total			38,082	8,836	$121,599,167	$23,975,267

Table note a

Source: Beattie (2009). Total police expenditures include salaries and wages, benefits, and operating expenses such as accommodation costs, fuel, maintenance, etc. Capital expenditures, funding from external sources, and revenues and recoveries are not included.

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Table note b

It is assumed, based on several communications with the Ottawa Police Service, that police in Canada spend 65% of their time on crime-related activities. Other duties can include: traffic regulations (non-criminal), offering youth education seminars, coordinating community efforts, patrolling a regular route or responding to phone calls ranging from noise complaints to non-crime emergency calls for help.

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Table note c

Statistics Canada assigns a severity weight to all criminal offences based on their seriousness. The level of seriousness is based on sentences from federal, provincial, and territorial courts. Higher weights are assigned to more serious crimes. It is assumed that more serious offences use a greater amount of police resources.

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Table note d

Source: Statistics Canada, CCJS, Uniform Crime Report Survey 2 (UCR2) 2009.Data was extracted February 2011. The underrepresentation of the UCR2 aggregate data (99%) has been adjusted.

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A.1.2 Court

Number of active civil cases per capita, 2002/03	0.0207 ^{Table note a}
Population, 2002/03	31,353,656 ^{Table note b}
Estimated number of civil cases, 2002/03 (31,353,656*0.0207)	648,277
Number of total criminal court cases (adult + youth), 2002/03	496,880 ^{Table note c}
Total cases processed in court, 2002/03 (648,277+496,880)	1,145,157
Total court expenditures, 2002/03	$1,151,885,000 ^{Table note d}
Average court cost per case, 2002/03 ($1,151,885,000/1,145,157)	$1,007
Average court cost per case (length adjustment) ($1,007*1.23)	$1,238 ^{Table note e}
Average court cost per case, 2009 (inflation adjustment)	$1,408
Number of criminal court cases, 2009 – spousal violence against females	18,300 ^{Table note f}
Number of criminal court cases, 2009 – spousal violence against males	3,259 ^{Table note f}
Criminal court costs – spousal violence against females (18,300*$1,408)	$25,763,472
Criminal court costs – spousal violence against females (3/,259*$1,408)	$4,588,151
Total Criminal Justice System Costs, Criminal Court	$30,351,623

Table note a

Sources: Statistics Canada (2010a); Statistics Canada (2011a).This figure is calculated as the average of the initiated civil cases per capita over the period between 2005/06 and 2008/09 in corresponding jurisdictions. The civil court statistics are only available starting from 2005/06.

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Table note b

Source: Statistics Canada, CCJS – Population by Age and Sex, Canada, Provinces and Territories, 2002.

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Table note c

Sources: Statistics Canada, CCJS, ACCS – Number of Cases and Charges by Type of Decision, 2002/03; Statistics Canada, CCJS, YCS – Number of Cases and Charges by Type of Decision, 2002/03.The underrepresentation of the ACCS has been adjusted (Information from Quebec's municipal courts, which account for approximately 25% of Criminal Code charges in that province, was not yet collected at the time of analysis).

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Table note d

Source: Statistics Canada (2004a).

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Table note e

As both the average number of appearances per criminal case and the average elapsed time per criminal case have increased by approximately 23% from 2002/03 to 2008/09, it is assumed that there has been a general trend towards lengthier and more complex cases. These changes should be reflected in the associated court costs. Therefore,1.23 is used as a multiplier to reflect the increased use of court resources per case.

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Table note f

Sources: Statistics Canada, CCJS, ACCS – Cases by Decision, 2008/09 and 2009/10; Statistics Canada, CCJS, YCS – Cases by Decision, 2008/09 and 2009/10. The underrepresentation of the ACCS has been adjusted.

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A.1.3 Prosecution

Total criminal prosecution expenditures (excluding BC), 2002/03	$352,138,000 ^{Table note a}
Number of criminal cases (adult + youth) (excluding BC), 2002/03	422,096 ^{Table note b}
Average prosecution cost per case, 2002/03 ($352,138,000/422,096)	$834
Average prosecution cost per case (length adjustment) ($834*1.23)	$1,026 ^{Table note c}
Average prosecution cost per case, 2009 (inflation adjustment)	$1,166
Number of criminal court cases, 2009 – spousal violence against females	18,300 ^{Table note d}
Number of criminal court cases, 2009 – spousal violence against males	3,259 ^{Table note d}
Prosecution costs – spousal violence against females (18,300*$1,166)	$21,346,584
Prosecution costs – spousal violence against males (3,259*$1,166)	$3,801,558
Total Criminal Justice System Costs, Prosecution	$25,148,142

A.1.4 Legal Aid

Direct legal service expenditures (criminal matters), 2008/09	$313,049,000 ^{Table note a}
Other expenditures (criminal matters), 2008/09	$75,342,000 ^{Table note a}
Total legal aid expenditures (criminal matters), 2008/09 ($313,049,000 + $75,342,000)	$388,391,000
Direct legal service expenditures (criminal matters), 2009/10	$314,812,000 ^{Table note a}
Other expenditures (criminal matters), 2009/10	$84,719,000 ^{Table note a}
Total legal aid expenditures (criminal matters), 2009/10 ($314,812,000 + $84,719,000)	$399,530,000
Total legal service expenditures, 2009 ($388,391,000 25% + $399,530,00075%)	$391,176,171
Number of total criminal cases in Canada (adult+ youth), 2009	482,144 ^{Table note b}
Legal aid costs per case, 2009 ($391,176,171/482,144)	$811
Number of criminal court cases, 2009 – spousal violence against females	18,300 ^{Table note c}
Number of criminal court cases, 2009 – spousal violence against males	3,259 ^{Table note c}
Legal aid costs – spousal violence against females (18,300*$811)	$14,847,274
Legal aid costs – spousal violence against females (3,259*$811)	$2,644,113
Total Criminal Justice System Costs, Legal Aid	$17,491,387

Table note a

Sources: Statistics Canada (2011c); Statistics Canada (2010b). While direct legal service expenditures are disaggregated between criminal matters and civil matters, other expenditures were not. Therefore, the percentage that criminal “direct legal service expenditures” represent out of the total “direct legal service expenditures” is applied to “other expenditures” to obtain the proportion of “other expenditures” that were spent on criminal matters. Other expenditures include office functions, external project expenditures, research activities, etc.

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Table note b

Sources: Statistics Canada, CCJS, ACCS – Number of Cases and Charges by Type of Decision 2008/09 and 2009/10; Statistics Canada, CCJS, YCS – Number of Cases and Charges by Type of Decision 2008/09 and 2009/10. The underrepresentation of the ACCS has been adjusted.

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Table note c

See A.1.2, note f.

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A.1.5 Correctional Services

Table A.2: Number of Spousal Violence Cases and Conviction Rates by Gender of Accused,
Gender of Victim, and Violation ^{Table note a}
	Gender of Victim		Conviction rate	Gender of Victim		Conviction rate
	Number of Cases Male Accused			Number of Cases Female Accused
	F	M	Conviction rate	F	M	Conviction rate
Homicide	30	0	50.4%	0	14	46.6%
Attempted murder	25	1	20.5%	0	6	16.7%
Robbery	55	4	65.3%	1	1	55.2%
Sexual assault	316	1	43.8%	1	2	26.9%
Other sexual offences	3	0	70.8%	0	0	46.9%
Major assault	2,549	63	57.3%	31	842	48.7%
Common assault	11,605	167	54.5%	82	1,814	41.1%
Uttering threats	1,659	33	54.4%	11	171	43.3%
Criminal harassment	1,221	16	55.4%	10	107	31.9%
Other crimes against persons	690	8	45.5%	4	15	40.9%

Table A.3: Distribution of Most Serious Sentences by Gender of Accused and Violation ^{Table note a}
	M	F	M	F	M	F	M	F
	Custody		Conditional Sentence		Probation		Fine
Homicide	79.5%	85.5%	1.7%	1.8%	2.4%	7.3%	2.8%	0
Attempted murder	78.1%	50.0%	0	0	2.9%	37.5%	2.9%	0
Robbery	79.8%	67.0%	4.8%	9.1%	10.3%	16.2%	0.2%	0.7%
Sexual assault	56.2%	33.3%	12.5%	21.2%	21.4%	43.9%	0.4%	0
Other sexual offences	64.4%	56.3%	5.3%	2.7%	19.8%	18.8%	2.5%	7.1%
Major assault	47.3%	25.9%	8.6%	11.2%	35.2%	52.5%	3.1%	3.4%
Common assault	16.0%	6.3%	3.2%	2.0%	68.2%	73.1%	3.6%	4.3%
Uttering threats	32.9%	19.4%	3.7%	4.2%	54.1%	64.4%	3.4%	3.1%
Criminal harassment	28.1%	11.6%	5.0%	5.8%	61.6%	74.5%	0.8%	0.2%
Other crimes against persons	49.5%	23.0%	5.4%	9.9%	36.4%	52.9%	1.2%	1.7%

Table A.3-1: Number of Convicted Male Offenders by Sentence Type and Violation
	Custody	Conditional Sentence	Probation	Fine	Custody	Conditional Sentence	Probation	Fine
	Spousal Violence against Females				Spousal Violence against Males
Homicide	12	0	0	0	0	0	0	0
Attempted murder	4	0	0	0	0	0	0	0
Robbery	29	2	4	0	2	0	0	0
Sexual assault	78	17	30	1	0	0	0	0
Other sexual offences	1	0	0	0	0	0	0	0
Major assault	691	126	514	45	17	3	13	1
Common assault	1,013	205	4,312	228	15	3	62	3
Uttering threats	297	33	489	31	6	1	10	1
Criminal harassment	190	34	416	5	3	0	6	0
Other crimes against persons	155	17	114	4	2	0	1	0
Total	2,471	434	5,880	314	44	8	92	5

Table A.3-2: Number of Convicted Female Offenders by Sentence Type and Violation
	Custody	Conditional Sentence	Probation	Fine	Custody	Conditional Sentence	Probation	Fine
	Spousal Violence against Females				Spousal Violence against Males
Homicide	0	0	0	0	6	0	0	0
Attempted murder	0	0	0	0	0	0	0	0
Robbery	0	0	0	0	0	0	0	0
Sexual assault	0	0	0	0	0	0	0	0
Other sexual offences	0	0	0	0	0	0	0	0
Major assault	4	2	8	1	106	46	216	14
Common assault	2	1	25	1	47	15	544	32
Uttering threats	1	0	3	0	14	3	48	2
Criminal harassment	0	0	2	0	4	2	25	0
Other crimes against persons	0	0	1	0	1	1	3	0
Total	8	3	39	2	180	67	837	48

A.1.5.1 Custody

Table A.4: Distribution of Sentence Length for Offenders Convicted of Spousal Violence Crimes, by Gender of Accused ^{Table note a}
	M	F
Federal custody (=24 month)	1.03%	3.28%
Provincial custody (24 months)	98.97%	96.72%

A.1.5.1.1 Federal Custody

Number of male offenders admitted to federal custody,
spousal violence against females (2,471*1.03%)	25 ^{Table note a}
spousal violence against males (44*1.03%)	0 ^{Table note a}
Number of female offenders admitted to federal custody,
spousal violence against females (8*3.28%)	0 ^{Table note a}
spousal violence against males (180*3.28%)	6 ^{Table note a}
Average length of federal custody in days	1,245 ^{Table note b}
Federal full parole grant rate for males	39.3% ^{Table note c}
Federal full parole grant rate for females	70.8% ^{Table note c}
Number of male offenders granted federal full parole,
spousal violence against females (25*39.3%)	10
Number of female offenders granted federal full parole,
spousal violence against males (6*70.8%)	4
Proportion of sentence served before full parole, male offenders	38.5% ^{Table note d}
Proportion of sentence served before full parole, female offenders	36.1% ^{Table note d}
Federal full parole successful completion rate	81.2% ^{Table note e}
Number of male offenders successfully completing full federal parole,
spousal violence against females (10*81.2%)	8
Number of male offenders successfully completing full federal parole,
spousal violence against males (4*81.2%)	3
Number of incarceration days, male offenders with successful full parole,
spousal violence against females (1,24538.5%8)	3,835
Number of incarceration days, female offenders with successful full parole,
spousal violence against males (1,24536.1%3)	1,348
Number of male offenders not completing full parole,
spousal violence against females (10-8)	2
Number of female offenders not completing full parole,
spousal violence against males (4-3)	1
Number of incarceration days, male offenders not completing full parole,
spousal violence against females [2(1,24538.5%+1,245(1-38.5%)0.5)]	1,724 ^{Table note f}
Number of incarceration days, female offenders not completing full parole,
spousal violence against to males [1(1,24536.1%+1,245(1-36.1%)0.5)]	847
Percentage of offenders released on statutory release (not granted full parole)	95% ^{Table note g}
Number of male offenders released on statutory release,
spousal violence against females [25(1-39.3%)95%]	14
Number of female offenders released on statutory release,
spousal violence against males [6(1-70.8%))95%]	2
Federal statutory release successful completion rate	61.7% ^{Table note h}
Number of male offenders successfully completing statutory release,
spousal violence against females (14*61.7%)	9
Number of female offenders successfully completing statutory release,
spousal violence against males (2*61.7%)	1
Proportion of sentence served before statutory release granted	66.7% ^{Table note g}
Number of incarceration days, male offenders completing statutory release,
spousal violence against females (91,24566.7%)	7,470
Number of incarceration days, female offenders completing statutory release,
spousal violence against males (11,24566.7%)	830
Number of male offenders not completing statutory release,
spousal violence against females (14-9)	5
Number of female offenders not completing statutory release,
spousal violence against males (2-1)	1
Number of incarceration days, male offenders not completing statutory release,
spousal violence against female [5(1,24566.7%+1,24533.3%0.5)]	5,188
Number of incarceration days, female offenders not completing statutory release,
spousal violence against male [1(1,24566.7%+1,24533.3%0.5)]	1,038
Number of male offenders without early release,
spousal violence against female (25-10-14)	1
Number of female offenders without early release,
spousal violence against male (6-4-2)	0
Number of incarceration days, male offenders without early release,
spousal violence against females (1*1,245)	1,245
Total number of incarceration days for male offenders
spousal violence against females (3,835+1,724+7,470+5,188+1,245)	19,462
Total number of incarceration days for female offenders
spousal violence against males (1,348+847+830+1,038)	4,063
Average daily cost of federal incarceration, male offenders	$292i
Average daily cost of federal incarceration, female offenders	$556 ^{Table note i}
Incarceration costs – spousal violence against females (19,462*$292)	$5,682,904
Incarceration costs – spousal violence against males (4,063*$556)	$2,259,028
Number of days on parole for male offenders
spousal violence against females (1,245[(1-38.5%)8+(1-38.5%)0.52])	6,891
Number of days on parole for female offenders
spousal violence against males (1,245[(1-36.1%)3+(1-36.1%)0.51])	2,784
Number of days on statutory release for male offenders
spousal violence against females [1,245(33.3%9+33.3%0.55)]	4,773
Number of days on statutory release for female offenders
spousal violence against males [1,245(33.3%1+33.3%0.51)]	623
Total number of days serving the sentence in community for male offenders
spousal violence against females (6,891+4,773)	11,664
Total number of days serving the sentence in community for female offenders
spousal violence against males (2,784+623)	3,407
Average daily cost of supervising a federal offender in the community	$81 ^{Table note i}
Costs of supervising federal offenders in community – spousal violence against females (11,664*$81)	$944,784
Costs of supervising federal offenders in community – spousal violence against males (3,407*$81)	$275,967
Total expenditures of national family violence correctional programs ( CSC)
For male offenders	$3,110,012 ^{Table note j}
Total expenditures of national family violence correctional programs ( CSC)
For female offenders	$450,604 ^{Table note j}
Percentage of spousal violence victims out of all victims of family violence	53% ^{Table note k}
Expenditures of family violence correctional programs related to spousal violence
For male offenders ($3,110,012*53%)	$1,648,306
Expenditures of family violence correctional programs related to spousal violence
For female offenders ($450,604*53%)	$238,820
Federal custody costs – spousal violence against females ($5,682,904+$944,784+$1,648,306)	$8,275,994
Federal custody costs – spousal violence against males ($2,259,028+$275,967+$238,820)	$2,773,815
Total Custody Costs, Federal Custody	$11,049,809

Table note a

See Table A.3-1, Table A.3-2 and Table A.4.

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Table note b

Source: Calverley (2010), Reference Tables, Table 29. The average sentence length (mean) for federal offenders is 41 months, or 1,245 days.

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Table note c

Source: Public Safety Canada (2010), Table D1. Due to data limitations, day parole is not examined.

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Table note d

Source: Public Safety Canada (2010), Table D6.

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Table note e

Source: Public Safety Canada (2010), Table D8.

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Table note f

It is assumed that revocation occurs exactly at the midpoint of the parole or statutory release, and that offenders are returned to incarceration on breach of release conditions to serve the rest of their sentences. Additional sentences due to new charges laid during the parole or statutory release are not considered due to data limitations.

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Table note g

Offenders who are not granted parole are normally subject to statutory release after serving approximately 2/3 of their sentence. This is the law and is not a discretionary release by the National Parole Board. The offender is supervised in the community and will be returned to prison if he or she is believed to present an undue risk to the public. This report assumes that 95% of federal offenders who were not released on parole are released on statutory release. Statutory release does not apply to those convicted of 1^st or 2^nd degree murder (and a few other rare offences). The 5% can be considered a factor to capture dangerous or repeat offenders.

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Table note h

Source: Public Safety Canada (2010), Table D9.

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Table note i

Source: Public Safety Canada (2010), Figure B3. The annual cost of supervising a federal offender on parole (in community) in 2008/09 was equivalent to about $81 per day in the 2009 dollars.

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Table note j

Financial information regarding Family Violence Correctional Programs were received from Correctional Service Canada, 2012.

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Table note k

Source: Burns, Mike, Andrea Taylor-Butts, Racha Nemr, Roxan Vaillancourt, and Lucie Ogrodnik. 2009. Family Violence in Canada: A Statistical Profile. Table 2.1. Ottawa: Statistics Canada, 2009. Catalogue no. 85-224-X.

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A.1.5.1.2 Provincial Custody

Number of male offenders admitted to provincial custody,
spousal violence against females (2,471-25)	2,445 ^{Table note a}
spousal violence against males (44--0)	44 ^{Table note a}
Number of female offenders admitted to provincial custody,
spousal violence against females (8-0)	8 ^{Table note a}
spousal violence against males (180-6)	174 ^{Table note a}
Average length of provincial custody in days for male offenders	113 ^{Table note b}
Average length of provincial custody in days for female offenders	86 ^{Table note b}
Provincial full parole grant rate	38.5% ^{Table note c}
Number of male offenders granted full parole,
spousal violence against females (2,445*38.5%)	941
spousal violence against males (44*38.5%)	17
Number of female offenders granted full parole,
spousal violence against females (8*38.5%)	3
spousal violence against males (174*38.5%)	67
Provincial full parole successful completion rate	82.7% ^{Table note c}
Number of male offenders successfully completing parole,
spousal violence against females (941*82.7%)	778
spousal violence against males (17*82.7%)	14
Number of female offenders successfully completing parole,
spousal violence against females (3*82.7%)	2
spousal violence against males (67*82.7%)	55
Proportion of sentence served before full parole granted	33.33% ^{Table note d}
Number of incarceration days, male offenders with successful parole,
spousal violence against females (77833.33%113)	29,302
spousal violence against males (1433.33%113)	527
Number of incarceration days, female offenders with successful parole,
spousal violence against females (233.33%86)	57
spousal violence against males (5533.33%86)	1,577
Number of male offenders not completing full parole,
spousal violence against females (941-778)	163
spousal violence against males (17-14)	3
Number of female offenders not completing full parole,
spousal violence against females (3-2)	1
spousal violence against males (67-55)	12
Number of incarceration days, male offenders not completing full parole,
spousal violence against females [163113(33.33%+66.67%*0.5)]	12,276 ^{Table note e}
spousal violence against males [3113(33.33%+66.67%*0.5)]	226 ^{Table note e}
Number of incarceration days, female offenders not completing full parole,
spousal violence against females [186(33.33%+66.67%*0.5)]	57 ^{Table note e}
spousal violence against males [1286(33.33%+66.67%*0.5)]	688 ^{Table note e}
Number of male offenders released on statutory release,
spousal violence against females (2,445-941)	1,504
spousal violence against males (44-17)	27
Number of female offenders released on statutory release,
spousal violence against females (8-3)	5
spousal violence against males (174-67)	107
Proportion of sentence served before statutory release	66.67% ^{Table note f}
Number of incarceration days, male offenders receiving statutory release,
spousal violence against females (1,50466.67%113)	113,301
spousal violence against males (2766.67%113)	2,034
Number of incarceration days, female offenders receiving statutory release,
spousal violence against females (566.67%86)	287
spousal violence against males (107 66.67%86)	6,135
Total number of incarceration days for male offenders,
spousal violence against females (29,302+12,276+113,301)	154,879
spousal violence against males (527+226+2,034)	2,787
Total number of incarceration days for female offenders,
spousal violence against females (57+57+287)	401
spousal violence against males (1,577+688+6,135)	8,400
Average daily cost of provincial incarceration	161$ ^{Table note g}
Incarceration costs – spousal violence against females [(154,879+401)*$161]	25,000,080$
Incarceration costs – spousal violence against males [(2,787+8,400)*$161]	1,801,107$
Number of days serving the sentence in community for male offenders,
spousal violence against females [113(77866.67%+66.67%0.5163)]	64,752
spousal violence against males [113(1466.67%+66.670.53)]	1,168
Number of days serving the sentence in community for female offenders,
spousal violence against females 86(266.67%+66.670.5*1)	143
spousal violence against males 86(5566.67%+66.67%0.512)	3,498
Average daily cost of provincial parole	32$ ^{Table note h}
Cost of supervising provincial offenders in community – spousal violence against females [(64,752+143)*$32]	2,076,640$
Cost of supervising provincial offenders in community – spousal violence against males [(1,168+3,498)*$32]	149,312$
Provincial custody costs – spousal violence against females ($25,000,080+$2,076,640)	27,076,720$
Provincial custody costs – spousal violence against males ($1,801,107+$149,312)	1,950,419$
Total Custody Costs, Provincial Custody	29,027,139$

Table note a

See Table A.3-1, Table A.3-2 and Table A.4.

Return to Table note a referrer

Table note b

Source: Statistics Canada, CCJS, ACCS – Guilty Cases by Length of Custody, 2008/09 and 2009/10.

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Table note c

Source: Parole Board of Canada (2010).

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Table note d

Offenders sentenced to provincial custody are generally paroled after serving 1/3 of their sentence.

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Table note e

See A.1.5.1.1 note f.

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Table note f

If parole is denied, the provincial offender must be released, by law, after serving 2/3 of the sentence.

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Table note g

Source: Calverley (2010), Reference Tables, Table 4.

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Table note h

It is reported that a person is supervised in the community for about 20% of the cost of supervising a person in provincial custody (from The John Howard Society of Ontario, “Fact Sheet: Reconsidering Community Corrections in Ontario,” January 1997). Although the level of supervision for both provincial parole and probation are similar (depending on risk level), provincial parole has more infrastructure that leads to additional costs. Parole boards are one example of additional infrastructure, and these require that an inmate have a parole hearing, a decision be made by members of the parole board, and that the board have revocation procedures and hearings. This and other extra personnel and procedures is the main reason for a higher daily cost of provincial parole compared to probation.

Return to Table note h referrer

Total Custody Costs

	Spousal Violence against Females	Spousal Violence against Males	Total
Federal Custody	$8,275,994	$2,773,815	$11,049,809
Provincial Custody	$27,076,720	$1,950,419	$29,027,139
Total Correctional Services Costs, Custody	$35,352,714	$4,724,234	$40,076,948

A.1.5.2 Conditional Sentence

Number of male offenders receiving probation,
spousal violence against females	5,880 ^{Table note a}
spousal violence against males	92 ^{Table note a}
Number of female offenders receiving probation,
spousal violence against females	39 ^{Table note a}
spousal violence against males	837 ^{Table note a}
Average length in days of probation	424 ^{Table note b}
Average daily cost for supervising one offender on probation	$20 ^{Table note c}
Probation costs for offenders convicted of spousal violence against females ((5,880+39)424$20)	$50,193,120
Probation costs for offenders convicted of spousal violence against males ((92+837)424$20)	$7,877,920
Total Correctional Services Costs, Probation	$58,071,040

Table note a

See Table A.3-1 and Table A.3-2.

Return to Table note a referrer

Table note b

Source: Roberts and LaPraire (2000), Table 3.5. The average length of conditional sentence for selected jurisdictions was 9 months (270 days) for family violence during the period of 1996-1999.

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Table note c

According to Victims of Violence, a federally registered charitable organization, it costs almost $50,000 per year less to supervise someone with a conditional sentence than to hold someone in provincial incarceration (from Victims of Violence, “Research Report: Conditional Sentence”, http://www.victimsofviolence.on.ca/rev2/index.php?option=com_content&task=view&id=332&Itemid=22). In 2009, the annual cost of keeping one provincial inmate was $58,860 (calculated from data used in A.1.5.1.2). A simple calculation shows the annual cost of holding one offender on conditional sentence to be $8,860, equivalent to approximately $24 per day.

Return to Table note c referrer

A.1.5.3 Probation

Number of male offenders receiving probation,
spousal violence against females	5,880 ^{Table note a}
spousal violence against males	92 ^{Table note a}
Number of female offenders receiving probation,
spousal violence against females	39 ^{Table note a}
spousal violence against males	837 ^{Table note a}
Average length in days of probation	424 ^{Table note b}
Average daily cost for supervising one offender on probation	$20 ^{Table note c}
Probation costs for offenders convicted of spousal violence against females ((5,880+39)424$20)	$50,193,120
Probation costs for offenders convicted of spousal violence against males ((92+837)424$20)	$7,877,920
Total Correctional Services Costs, Probation	$58,071,040

A.1.5.4 Fine

Number of male offenders receiving a fine,
spousal violence against females	314 ^{Table note a}
spousal violence against males	5 ^{Table note a}
Number of female offenders receiving a fine,
spousal violence against females	2 ^{Table note a}
spousal violence against males	48 ^{Table note a}
Average fine amount for offenders convicted of spousal violence	$428 ^{Table note b}
Fine costs – spousal violence against females ((314+2)*$428)	$135,276
Fine costs – spousal violence against males ((5+48)*$428)	$22,689
Total Correctional Services Costs, Fine	$157,965

Total Correctional Services Costs
	Spousal Violence against Females	Spousal Violence against Males victims	Total
Custody	$35,352,714	$4,724,234	$40,076,948
Conditional Sentence	$2,862,126	$491,211	$3,353,337
Probation	$50,193,120	$7,877,920	$58,071,040
Fine	($135,276)	($22,689)	($157,965)
Total Criminal Justice System Costs, Correctional Services	$88,407,960	$13,093,366	$101,501,325

Total Criminal Justice System Costs
	Spousal Violence against Females	Spousal Violence against Males	Total
Police	$121,599,167	$23,975,267	$145,574,434
Court	$25,763,472	$4,588,151	$30,351,623
Prosecution	$21,346,584	$3,801,558	$25,148,142
Legal Aid	$14,847,274	$2,644,113	$17,491,387
Correctional Services	$88,407,960	$13,093,366	$101,501,325
Total Criminal Justice System Costs	$271,964,457	$48,102,455	$320,066,911

A.2 Civil Justice System

A.2.1 Civil Protection Orders

Number of civil protection orders issued, female victims	3,843 ^{Table note a}
Number of civil protection orders issued, male victims	1,140 ^{Table note a}
Average cost of issuing one civil protection order	$400 ^{Table note b}
Number of civil protection orders applied for but not granted, female victims	1,076 ^{Table note c}
Number of civil protection orders applied for but not granted, male victims	319 ^{Table note c}
Average cost of processing one civil protection order application	$200 ^{Table note c}
Civil protection order costs – spousal violence against females (3,843$400+1,076$200)	1,752,400
Civil protection order costs – spousal violence against males (1,140$400+319$200)	$519,800
Total Civil Justice System Costs, Civil Protection Orders	$2,272,200

Table note a

Source: Statistics Canada, GSS 2009, Cycle 23, Victimization – Main File: SEX, WGHT_PER EXABUSE, EXVIOL, XRP_Q130, XRP_Q140, SPABUSE, CRVIOL, SRP_Q310, SRP_Q320.

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Table note b

This is an estimate based on information provided by several jurisdictions.

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Table note c

According to data from certain provinces, the total number of applications for civil protection orders was about 1.28 times the number of orders issued. Therefore, it is possible to estimate the number of orders applied for but not issued by the court. Though these protection orders were not issued, resources might be still used to review and evaluate the applications.

Return to Table note c referrer

A.2.2 Divorce and Separation

Contested divorces,
Number of divorce initiations, 2009	81,284 ^{Table note a}
Percentage of divorces caused by spousal violence	19.7% ^{Table note b}
Number of divorces caused by spousal violence (81,284*19.7%)	16,013
Percentage of divorces that are contested	19% ^{Table note c}
Number of contested divorces caused by spousal violence (16,013*19%)	3,042
Number of uncontested divorces caused by spousal violence (16,013-3,042)	12,971
Percentage of applicants using legal assistance	94.74% ^{Table note d}
Percentage of respondents using legal assistance	78.60% ^{Table note d}
Uncontested divorces,
Percentage of applicants using legal assistance	63.64% ^{Table note d}
Percentage of respondents using legal assistance	26.76% ^{Table note d}
Legal representatives used in contested divorces (3,042*(97.74%+78.6%))	5,274
Legal representatives used in uncontested divorces (12,971*(63.64%+26.76%)	11,726
Average legal fees for contested divorce, 2009	$12,562 ^{Table note e}
Average legal fees for uncontested divorce, 2009	$1,342 ^{Table note e}
Total legal fees for divorces [(5,274$12,562)+(11,726$1,342)]	$81,987,747
Total legal aid expenditures on family law issues, 2009	$182,994,500^{Table note f}
Percentage of family court cases involving divorce, 2009/2010	35.4% ^{Table note g}
Percentage of family court cases involving separation, 2009/2010	30.0% ^{Table note g}
Legal aid expenditures on spousal violence-related divorce cases ($182,994,50035.4%19.7%)	$12,761,670
Legal aid expenditures on spousal violence-related separation cases ($182,994,50030%19.7%)	$10,814,975
Average civil court cost per contested divorce, 2009	$1,149 ^{Table note h}
Civil court costs for contested divorces (3,042*$1,149)	$3,495,798
Total family service expenditures for divorce and separation, 2009	$70,403,282
Family service expenditures for spousal violence caused divorce and separation ($70,403,282*19.7%)	$13,869,446
Total civil justice system costs for divorce and separation caused by spousal violence ($12,761,670+$10,814,975+$3,495,798+$13,869,446)	$40,941,889
Percentage of spousal violence-caused separations & divorces initiated by females	81% ^{Table note i}
Percentage of spousal violence-caused separations & divorces initiated by males	19% ^{Table note i}
Costs associated with divorce and separation – spousal violence against females ($27,072,443*81%)	$33,162,930
Costs associated with divorce and separation – spousal violence against males ($27,072,443*19%)	$7,778,959
Total Civil Justice System Costs, Divorce and Separation	$40,941,889

Table note a

Source: The Department of Justice Canada's Central Registry of Divorce Proceedings (CRDP). This number is an estimate, and it does not account for duplicate or invalid applications.

Return to Table note a referrer

Table note b

It is noted that the percentage of divorces caused by spousal violence suggested by self-reported surveys is much higher than the percentage obtained from court case reviews or lawyer-reported surveys. For example, the 2001 British Crime Survey on inter-personal violence suggests that 29% of divorces captured in the survey were caused by spousal violence. A telephone survey of more than 1,500 people by GFK Roper (as seen in Kimball, Michele, 2008, “Women Cite Abuse, Men Cite Sex as Top Reasons for Divorce,” http://www.divorce360.com/divorce-articles/causes-of-divorce/information/why-americans-divorce.aspx?artid=169) shows that 36% of respondents said the reason for divorce was physical or verbal abuse. However, by reviewing court divorce files, Brinig and Allen (2000) find that cruelty amounted to only 6% of all divorce filings in Virginia in 1996. More recently, UK organization Grant Thornton has conducted a matrimonial survey annually since 2003 in which the opinions of over 100 leading family lawyers in the UK are gathered, with the opinions based on client work in the previous calendar year. The survey asks respondents about the top reason for divorce, and the average proportion of divorces due to emotional/physical abuse from 2006 to 2009 was about 10.3%. Given the significant discrepancy between the results of self-reported surveys and court/lawyer-reported surveys, it is decided to use a rate between the two results (19.7%).

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Table note c

Source: Kelly (2010).

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Table note d

Source: CRDP, The Department of Justice Canada. Micro data was extracted for the year 2008. The figures used for uncontested divorces include information for both uncontested divorces and divorces on consent.

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Table note e

Source: Harris (2009). The Canadian Lawyer's 2009 Legal Fees Survey, national fee ranges, sample size = 193.

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Table note f

Source: Statistics Canada, CCJS, Legal Aid Survey, 2009/10.

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Table note g

Source: Kelly (2011).

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Table note h

See A.1.2. The average court cost per case in 2002/03 is estimated at $1,007, which is adjusted for inflation to $1,149. Only contested cases are assumed to be processed in civil court.

Return to Table note h referrer

Table note i

Source: Statistics Canada, CCJS, UCR2 2009. It is assumed that the gender of initiators of divorce files caused by spousal violence is in the same proportion to victims of spousal violence reported to police – 81% female initiators vs. 19% male initiators. Micro data was extracted in November, 2010.

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A.2.3 Child Protection Systems

Among those out-of-home placements because of exposure to spousal violence
Number of children involved in investigations of exposure to spousal violence	29,259 ^{Table note a}
Average cost per investigation	$675 ^{Table note b}
Total investigation costs of exposure to spousal violence (29,259*$675)	$19,749,825
Percentage of substantiated investigation of exposure to spousal violence that resulted in a change of residence	6.6% ^{Table note c}
Number of children placed in out-of-home care (29,259*6.6%)	1,932
Number of children without a change of residence (29,259-1,932)	27,327
Percentage of children went to foster care or formal kinship care	54.5% ^{Table note d}
Percentage of children went to informal kinship care	45.5% ^{Table note d}
Number of children placed in foster care and formal kinship care (1,932*54.5%)	1,053
Number of children placed in informal kinship care (1,932*45.5%)	879
Length of stay in out-of home care in days	730 ^{Table note e}
Number of visits conducted for children staying in home or informal kinship care	52 ^{Table note f}
Number of hours per visit	3 ^{Table note f}
Average daily cost of maintaining a child in foster care or formal kinship care	$60 ^{Table note g}
Average hourly salary rate for child protection worker (conducting visits)	$26.37 ^{Table note h}
Costs of providing foster care and formal kinship (1,053730$60)	$46,121,400
Costs of conducting regular visits (52326.37)*(879+27,327)	$116,032,512
Total child protection system costs due to exposure to spousal violence $19,749,825+$46,121,400+$116,032,512)	$181,903,737
Percentage of spousal violence against females	81% ^{Table note i}
Percentage of spousal violence against males	19% ^{Table note i}
Child protection systems costs – spousal violence against females ($181,903,737*81%)	$147,342,027
Child protection systems costs – spousal violence against males ($181,903,737*19%)	$34,561,710
Total Civil Justice System Costs, Child Protection Systems	$181,903,737

Table note a

The Canadian Incidence Study of Reported Child Abuse and Neglect. 2008. Public Health Agency of Canada: Ottawa, Ontario. According to this study, there were an estimated of 235,842 child-maltreatment-related investigations conducted in Canada in 2008. Among the 85,440 (36.2%) cases which were substantiated, about 34% (29,259) identified exposure to intimate partner violence as the primary category of maltreatment.

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Table note b

Evaluation of Three Child Abuse Response Models. 1998. The agencies that were the subject of the evaluation were the Regina Children's Justice Centre, the Saskatoon Child Centre, and the multidisciplinary committee in North Battleford, Saskatchewan. These agencies use multidisciplinary teams to investigate reported cases of maltreatment in that police officers work as a team with child protection workers. The 1998 dollar value has been adjusted for inflation.

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Table note c

Source: The Canadian Incidence Study of Reported Child Abuse and Neglect-2003 (CIS-2003). According to this report, approximately 16.9% of substantiated investigations in Canada resulted in a changed of residence. As the primary category of maltreatment, exposure to intimate partner violence (IPV) had a rate (5.9%) of changing of residence. As the 2003 aggregate out-of-home rate (16.9%) is much lower than the 2008 rate (22.9%), the 2003 specific rate for exposure to IPV is adjusted to obtain the corresponding rate in 2008. In this way, it is estimated that about 6.6% (1,932) of substantiated investigation of exposure to intimate partner violence resulted in a change of residence in Canada.

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Table note d

Source: The Canadian Incidence Study of Reported Child Abuse and Neglect-2003 (CIS-2003). Among those out-of-home placements because of exposure to spousal violence, 41.1% went to informal kinship care whereas 49.2% went to foster care or formal kinship care. About 9.8% went to group homes. Due to lack of data on the daily cost of maintaining a child in group homes, it is decided to redistribute the number of children who were placed in group home into the other two types, based on the respective proportions.

Return to Table note d referrer

Table note e

Ken Fowler (2008), Children in care in Newfoundland and Labrador, Department of Psychology, Memorial University of Newfoundland. This is the only information regarding length of stay that is found in Canada. The report indicates that the provincial average length of stay was roughly 2 years in 2008, approximately 730 days.

Return to Table note e referrer

Table note f

For those children who were not removed from home or were moved to an informal agreement with a relative, child protection workers normally will continue to conduct regular visits. It is assumed that each worker meets with the family once every two weeks and spends 3 hours per visit up to 2 years. The 3 hours cover conversation time, preparation time, travelling time and paper work time.

Return to Table note f referrer

Table note g

The daily cost of caring for a child in out-of-home placement can range from $10 to $100 and differs dramatically across jurisdictions and by type of care. As data received from a few provinces are not sufficient to calculate a national average cost for foster care and formal kinship, we use a figure of $60 from the middle range in our estimation.

Return to Table note g referrer

Table note h

Based on data from several provinces, it is estimated that the average annual salary for child protection worker in 2009 was $51,608, equivalent to $26.37 per hour. Family and Children's Services of the Waterloo Region, Career Opportunities, accessed on April 17, 2012. http://www.facswaterloo.org/html/CareerOpportunities.html. PEI Health Sector Council, Child Protection Social Workers, accessed on April 17, 2012. http://peihsc.ca/careers/career-portal/social-worker/. BC Government and Service Employees' Union, Recruitment drive for new social workers could be hobbled by pay gap with Alberta, accessed on April 17, 2012. http://www.bcgeu.ca/Recruitment_drive_for_new_social_workers_could_be_hobbled_by_pay_gap_with_Alberta.

Return to Table note h referrer

Table note i

Source: Statistics Canada, CCJS, UCR2 2009. It is assumed that child protection cases for which the main reason for intervention is spousal violence is in the same proportion (in terms of gender of victims) as victims of spousal violence reported to police – 81% of cases were due to violence against females and 19% of cases were due to spousal violence against males. Micro data was extracted in November 2010.

Return to Table note i referrer

Total Civil Justice System Costs

	Spousal Violence against Females	Spousal Violence against Males	Total
Civil Protection Orders	$1,752,400	$519,800	$2,272,200
Divorce and Separation	$33,162,930	$7,778,959	$40,941,889
Child Protection systems	$147,342,027	$34,561,710	$181,903,737
Total Civil Justice System Costs	$182,257,357	$42,860,469	$225,117,826

Date modified:: 2021-12-08

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An Estimation of the Economic Impact of Spousal Violence in Canada, 2009

Appendix A: Justice System Costs ^{Footnote 76}

A.1 Criminal Justice System

A1.1 Police

A.1.2 Court

A.1.3 Prosecution

A.1.4 Legal Aid

A.1.5 Correctional Services

A.1.5.1 Custody

A.1.5.1.1 Federal Custody

A.1.5.1.2 Provincial Custody

Total Custody Costs

A.1.5.2 Conditional Sentence

A.1.5.3 Probation

A.1.5.4 Fine

A.2 Civil Justice System

A.2.1 Civil Protection Orders

A.2.2 Divorce and Separation

A.2.3 Child Protection Systems

Total Civil Justice System Costs

An Estimation of the Economic Impact of Spousal Violence in Canada, 2009

Appendix A: Justice System Costs Footnote 76

A.1 Criminal Justice System

A1.1 Police

A.1.2 Court

A.1.3 Prosecution

A.1.4 Legal Aid

A.1.5 Correctional Services

A.1.5.1 Custody

A.1.5.1.1 Federal Custody

A.1.5.1.2 Provincial Custody

Total Custody Costs

A.1.5.2 Conditional Sentence

A.1.5.3 Probation

A.1.5.4 Fine

A.2 Civil Justice System

A.2.1 Civil Protection Orders

A.2.2 Divorce and Separation

A.2.3 Child Protection Systems

Total Civil Justice System Costs

Appendix A: Justice System Costs ^{Footnote 76}