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Ahluwalia from a Children’s Rights Perspective

June 22, 2026 | Whitney Evans, Associate Lawyer, Marchetti Family Law and Mediation

The Supreme Court of Canada (“SCC”) recognised a new tort of intimate partner violence in its long-anticipated decision of May 15, 2026, Ahluwalia v Ahluwalia, 2026 SCC 16.[i] The decision notably filled an “identifiable gap” with the ability of existing torts to sufficiently redress “coercive control as a distinct manifestation of intimate partner violence”.[ii] However, despite compelling submissions from intervening children’s rights advocates, the SCC declined to recognize the broader tort of family violence, thereby confining the application of the new tort to an intimate partner relationship.[iii] What does this mean for other family members who experience family violence, such as children? 

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