14 November 2024
November 14, 2024
The prevalence of accusations of parental alienation makes it likely that a new tort of family violence would be used to revictimize survivors of gender-based violence
Anishinaabeg Territory/OTTAWA, November 14th, 2024: The National Association of Women and the Law (NAWL) has been granted leave to intervene before the Supreme Court of Canada regarding the creation of a new tort of family violence (Ahluwalia case). The creation of this tort will provide survivors of intimate partner violence with a more streamlined means of holding abusers to account and obtaining financial compensation.
While NAWL is supportive of the creation of the tort of family violence, its intervention will highlight the ways in which this tort may actually serve to further harm women who have experienced intimate partner violence. NAWL’s intervention will speak to the ways abusers often use existing legal mechanisms as tools to continue their abuse by framing themselves as the true victims of violence.
NAWL’s intervention on this issue dovetails with the campaign launched earlier this year to stop parental alienation accusations from being used in family court. NAWL’s campaign, backed by over 250 feminist organizations, echoes the United Nation Special Rapporteur on violence against women and girl’s call for states to legislate to exclude the use of this discredited pseudo-science from family law cases.
NAWL urges Prime Minister Justin Trudeau, Justice Minister Virani, and the Liberal government to prioritize the protection of mothers and children who are victims of family violence in the remaining months of this Parliament.
| What are parental alienation accusations? |
| “Parental alienation” is an unscientific concept used to blame mothers and victims of domestic violence when fathers have a poor relationship with their child. Instead of blaming the abusive father for the child being afraid of him, courts blame the mother, even if she has done nothing to denigrate the father.
“Parental alienation” accusations can lead to children being forced to live with their violent father. Mothers who are seen as “alienating” may be forbidden from having any contact with their child, sometimes for years, even when they have historically been the child’s primary caregiver. |
about NAWL
The National Association of Women and the Law is a not-for-profit feminist organization that promotes the equality rights of women through legal education, research and law reform advocacy.
Recent Updates
Jan. 19, 2026
Advocates Say Launch of National Buyback Program Represents Another Concrete Step Towards Making Canadians Safer from Risk of Mass Shootings
Dec. 16, 2025
NAWL Makes Recommendations to Strengthen Section 810 Orders (Peace Bonds)
Dec. 05, 2025
