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What is a 'femicide' and why do some advocates and police want it in the Criminal Code?

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In a rare move, the Ottawa Police Service is using the term 鈥渇emicide鈥 to describe the motivation investigators believe to be behind the killing of a 47-year-old mother.

It鈥檚 believed to be the first time a police force in Canada has used the word in the context of a murder investigation where evidence is still being gathered.

Advocates who focus on eradicating violence against women hope this will spur other police agencies to do the same and pave the way for legislation to entrench 鈥渇emicide鈥 into the criminal code of Canada.

Jennifer Zabarylo鈥檚 battered body was found inside her home in rural Ottawa on Sunday. She died of traumatic injuries. A few hours later, Ottawa Police charged her husband, Michael Zabarylo, 55, with second-degree murder after he turned himself in.

In a news release announcing the charges one day after she was killed, OPS described the death as a femicide, alleging 鈥渋t occurred in the context of intimate partner violence, which is one of the many forms of misogynist killings.鈥

In an interview with CTV National News, Deputy Chief Trish Ferguson acknowledged that adopting the term has taken lengthy internal discussions which began in 2022.

Misogynist killings and Canadian Law

Part of the pushback came from officers who were hesitant to use a label that was not codified in law.

鈥淭hat was something investigators needed to wrap their minds around. It鈥檚 not a charge under the criminal code, but it鈥檚 a term we use to describe what took place. So homicide is still murder and femicide is the murder of a woman or girl.鈥

Ferguson says OPS officially adopted the term at the end of 2023 and that Zabarylo鈥檚 death was the first clear-cut case to meet the definition.

鈥淰iolence against women is an epidemic. This is another way for us to shed some light on what is often seen as a hidden and family matter where people should mind their own business. We鈥檙e hoping this brings the conversation to the forefront.鈥

Ferguson says OPS will use the term again in future murder investigations and may re-evaluate past cases through the same lens.

鈥淒o we go back and take a look at that? I think we can and it鈥檚 time for us to do that. I鈥檓 sure the numbers will startle people,鈥 the deputy chief said.

Edmonton Police said they defer to terms used in the criminal code, while the Toronto Police Service (TPS) said they have not yet adopted the term 鈥渇emicide.鈥 But TPS points out that in a joint investigation with the RCMP, 鈥渕isogyny鈥 was highlighted as a motivating factor when investigators laid a terrorism charge in connection to .

Rates of intimate partner violence in Canada

According to Statistics Canada, an average of 102 women and children are murdered each year.

Between 2011 and 2021, 1,125 females were murdered. In 66 per cent of those cases, the killer was an intimate partner, a husband or a boyfriend.

Brett Broadfoot says his grief is still raw and hits him in waves - sometimes daily, sometimes 鈥渉our by hour.鈥

His 17-year-old daughter and died in hospital in July. London, Ont., police responded to the call reporting domestic violence. They say that when they arrived, her 18-year-old ex-boyfriend confronted them with a knife. Police shot and killed him.

Broadfoot wants his daughter's death labelled a femicide too. He believes a more concise definition of the killing could lead to stronger legislation and more resources to thwart misogyny and violence against women.

鈥淢y daughter was afraid. That鈥檚 what these individuals do - they prey upon people and they break them down.鈥

He says that Breanna had a restraining order against her former boyfriend after he was charged with assaulting her. He says closer monitoring of the suspect and enforcement of the restraining order could have saved his daughter鈥檚 life.

Vigil for teen victim of intimate partner violence

Megan Walker is the Vice-Chair of the London Police board and an advocate who works to end male violence against women. Although London Police have not adopted the term 鈥渇emicide鈥 to describe their investigations, Walker points out that it was the first police board to pass a resolution to define femicide in the criminal code.

Now combined with the decision of Ottawa Police to use the term to characterize certain murder investigations, Walker says momentum is building for change.

鈥淚f we are able to legislate femicide and name it, we would have better access to research and better access to data that we need to continue to protect women from violent offenders," she said.

The concept of putting was also one of the recommendations that came out of a 2022 coroner鈥檚 inquest in Ontario, which looked at the circumstances surrounding a killing spree in the Ottawa Valley in 2015.

Anastasia Kuzyk and Nathalie Warmerdam were shot while Carol Culleton was strangled to death -- all by one man.

Two years after the inquest - femicide has yet to be added to Canada鈥檚 criminal code. According to the , 22 other countries in Latin America and Europe have specific laws recognizing the killing of women and girls as a distinct crime. 

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