Working with abuse and trauma survivors is complex. The intention of this paper is to provide a toolkit for legal professionals that work with people who have experienced abuse and trauma. It is intended to focus on intake and the early stages of a claim and to be complimentary to the related Power Point slide presentation. It is not an exhaustive list of options or resources.
Trauma Informed Practice
What is it?
A trauma-informed legal approach recognizes the prevalence and impact of trauma on members of the justice system, particularly those who have experienced abuse, violence, or systemic harm. It acknowledges the neurobiological changes that can arise from trauma and resulting physical, psychological and sociopsychological harm. These harms often impact important aspects of a lawyer-client relationship including memory, communication, trust, and decision-making.
The trauma-informed approach means committing to providing services and responses that recognize the impacts of trauma, avoid re-traumatization and support resilience and recovery. The perspective acknowledges that the legal process can be intimidating or triggering and emphasizes safety, empowerment, and respect. In practical terms, a trauma-informed lawyer provides choices, obtains consent and maintains confidentiality. A trauma-informed lawyer communicates without judgment.
Trauma-informed practice also means cultivating self-awareness about a practitioners’ own emotional response, bias, and triggers. By reflecting on their reactions and maintaining healthy boundaries, lawyers can better support clients while protecting themselves from compassion fatigue and vicarious trauma.
Why is it important?
The main goal of trauma-informed practice is not to harm. It means acknowledging that there are unique, real and perceived challenges for survivors of trauma going through the legal process and making time and space to address those challenges. When lawyers approach interactions with empathy, patience, and an understanding of how trauma may influence behaviour, memory, or trust, they can strengthen the client relationship and improve the quality of evidence, participation in the justice system, and the outcome of a case. Trauma-informed practice can help to build a more compassionate, ethical, and effective justice system that upholds dignity and reduces re-traumatization.
Challenges in Adopting a Trauma-Informed Practice
Adopting a trauma-informed practice can be challenging. It often requires lawyers to shift long-standing professional habits, overcome myths and stereotypes and re-examine traditional notions of efficiency, objectivity, and advocacy. It also demands additional time, training, and emotional awareness to balance empathy for clients with the need to maintain professional boundaries and prevent vicarious trauma.
Resources and Further Reading
Myrna McCallum: The Trauma-Informed Lawyer Podcast https://thetraumainformedlawyer.simplecast.com/episodes
March 2025 Article from Law Foundation of BC
https://www.lawfoundationbc.org/trauma-informed-lawyering/
Do No Harm: The Case for a Trauma-Informed Family Law Practice & the Use of Family Dispute Resolution, 2022 CanLIIDocs 4487
https://www.canlii.org/en/commentary/doc/2022CanLIIDocs4487
Trauma-Informed Legal Practice Toolkit – Golden Eagle Rising Society:
https://www.goldeneaglerising.org/photos/trauma-informed-legal-practice-toolkit___2_pg
Bridging the Gap: Applying trauma-informed interviewing from criminal to family law
Bridging the Gap: Applying trauma-informed interviewing from criminal to family law – LawNow Magazine
Trauma and Violence-Informed Approaches to Policy and Practice Considerations – The Public Health Agency of Canada:
Trauma and violence-informed approaches to policy and practice – Canada.ca
Trauma-informed: The Trauma Toolkit – Klinic Community Health Centre
http://traumainformed.ca/wp-content/uploads/2013/10/Trauma-informed_Toolkit.pdf
Representing Domestic Violence Survivors Who Are Experiencing Trauma and Other Mental Health Challenges: A Handbook for Attorneys – National Center on Domestic Violence, Trauma and Mental Health:
https://ncdvtmh.org/resource/representing-domestic-violence-survivors-who-are-experiencing-trauma-and-other-mental-health-challenges-a-handbook-for-attorneys/
Trauma-Informed Legal Advocacy (TILA) Project (Toolkits for all stages of claim)
https://ncdvtmh.org/resources/legal/trauma-informed-legal-advocacy-tila-project/
Considerations In Developing an Intake Process and Team
A well-designed intake process helps create safety and trust for survivors, gathers critical information in a sensitive and organized way, and reduces the risk of re-traumatization through repetitive or intrusive questioning. It also protects counsel by clarifying scope, conflicts, confidentiality, and urgent legal considerations early on. An intentional intake process supports better client care, improved case management, and more effective advocacy throughout the legal journey. Where possible, build in flexibility and control for the survivor.
Considerations in developing an intake process and team include:
- Communication
- Can you offer flexibility in the methods of communication including options like email, telephone, virtual conference or letter?
- Can you ensure that they do not have to repeat the details of their story more than once to anyone in your office?
- Confidentiality
- Meetings
- Is there flexibility in how you meet, including by telephone, virtually, in person either in or out of office, with their support person or team, and with respect for cultural practices?
- Time
- Can you connect when convenient for them and move the case forward at their pace? If not, explain that to them.
- Can you discuss only the details of their story that they are ready to share and discuss details on an as needed basis?
- Physical Presentation
- How will you dress, employ body language and what tone will you use?
- How can you make any physical space they will enter warm, inviting and less triggering?
- Diversity of intake team membership.
- Process
- Provide training and support for your intake team through a trauma-informed lens.
- Provide a roadmap or part of a roadmap to make the process less intimidating, uncertain or unknown.
- Can you explain the importance of a question or request before it is made to temper mistrust and misunderstanding?
- Can you acknowledge the barriers to coming forward and sharing their story and their bravery and strength in taking this step to connect with you?
- Acknowledge the steps they have taken.
- Options
- What choices can you provide them inside of and outside of the justice system?
- Review your System or Process
- Set reminders to review your process at regular intervals
- Our understanding of this area of practice is evolving. We know more now about things like the harms caused by abuse, grooming, and power dynamics in relationships. As we continue to learn, re-evaluate ways to improve your process.
- Maintain and analyze intake data and statistics to your client base for better service and efficiency to create efficiencies.
- Adapt and be open to new technology
- Set reminders to review your process at regular intervals
Options Inside and Outside the Legal System
When responding to disclosures of sexual or systemic abuse, legal professionals should recognize that survivors may have multiple concurrent or sequential options both within and outside the legal system. Where the criminal process is an option, it is typically recommended to allow that to come to conclusion before taking steps in other matters. The criminal process typically goes first in an abuse claim because it addresses immediate public safety concerns, preserves evidence, and avoids jeopardizing the criminal investigation. The evidentiary burden is higher and you may benefit in the civil case from the criminal investigation, a plea or finding of guilt and clarity over the liability aspect of the claim. Civil avenues can involve family law, immigration law, tort law, employment law or human rights matters. In civil claims, survivors should be informed about the “loser pays” system and the standard of proof. Workers who are abused may have additional routes through their union, WorkSafeBC, or other administrative schemes such as Sharpe claims.
Outside formal legal processes, survivors benefit from holistic supports that can complement or precede legal action. These include government-funded victim services programs, community organizations such as EVA BC and sexual assault centres, and professional networks that promote collaboration and trauma-informed practice. Survivors may also access support through their own insurance or extended health benefits. It is essential for legal professionals to maintain awareness of these intersecting systems and referrals to appropriate community-based, medical, and online supports can be beneficial for the survivor in their healing and experience in the justice system.
Below is a non-exhaustive comparative chart of the criminal and civil justice systems for sexual assault and battery claims:
| Criminal Claims | Civil Tort Claims (not including Charter claims) | |
| Purpose | Punishment and deterrence | Compensation, punishment and deterrence |
| Initiating the Matter | Survivor reports to police or completes a third-party report (usually with help of victim services worker from a community-based organization) Third-party reporting is anonymous and survivor can come forward later if they choose – used for intelligence purposes only and not a formal investigation | Survivor connects with a lawyer or is self-represented |
| Parties to Litigation | Crown (Government) and Abuser Survivor is not a party and does not have legal representation Police investigate and decide whether to submit report to Crown. Crown reviews the case and decides whether to lay charges and the nature and scope of the charges. If no guilty plea, decision is imposed by a judge or jury | Survivor and Abuser(s) Potentially other parties who did not cause harm: institutions or organizations that created or perpetuated risk of harm, or adult in a position of responsibility over a child etc. Survivor has option of legal representation Survivor decides whether case proceeds, may have control over settlement process or decision is imposed by a judge or jury Survivor has more control over the process |
| Time Limits | Criminal Code, R.S.C. 1985, c. C-46, (the “Criminal Code”) s. 151-153.1 (minors), 271, 272, 273 – no time limit mentioned – and sometimes s. 246 (assist in crime), 264 (harassment), 279 (unlawful confinement), 348 (break and enter) | Limitation Act, S.B.C., c. 13, s. 6 basic limitation date, s. 3(1) exempt claims Human Rights Code, R.S.B.C. 1996, c. 210, s. 22 Workers Compensation Act, RSBC 2019, c. 1, s. 49(3) |
| Anonymity | Publication Ban Testifying in pseudonym Protection of jury member’s identity No contact order Criminal Code, s. 486.4, 486.5, 486.31, 631, 517, 539, 648 | Confidentiality Publication ban PD-56 Sealing order PD-58 Anonymity application PD-61 In-Camera Orders No guarantee, but likely in sexual abuse claims |
| Burden of Proof | Crown must prove the elements in the relevant sections of the Criminal Code beyond a reasonable doubt – see R. v. W.(D.), [1991] 1 S.C.R. 742 | Generally, survivor must prove essential elements of the tort and vicarious liability claims on a balance of probabilities See also Benhaim v. St-Germain, 2016 SCC 48 |
| Defenses Available to Offender | Consent Mistaken belief in consent Violation of Charter rights Innocence Event(s) did not occur Credibility Intoxication in cases of automatism | Consent – see Non-Marine Underwriters, Lloyd’s London v. Scalera, 2000 SCC 24 and A.M.S. v. Wootton, 2016 NSSC 351 Event(s) did not occur Credibility Reliability WorkSafe Bar No fiduciary duty or breach Be wary of retaliatory claims like defamation – Hansman v. Neufeld, 2023 SCC 14 |
| Outcome | If charges pursue, offender can plead guilty or be found guilty or acquitted by judge or jury or charges may be stayed or withdrawn Sentencing may include incarceration, conditional sentence, probation, registration of DNA or on sex offender registry and/or fine | Settlement or a judge or jury deciding outcome of the claim Outcome typically involves monetary compensation |
| Remedies Available | Sentence to be served in prison or community Registration in the National DNA Databank and the National Sex Registry Protection orders No contact order Criminal Code s. 743.21 Possible revocation of immigration status Fines and Payment to Victim Services Probation Criminal record Privacy Protection (see Anonymity) | Monetary compensation for pain and suffering (usually inclusive of aggravated damages), economic loss and loss of opportunity, future care, special damages, punitive damages Protection order Privacy protection (see Anonymity Section) |
| Common Issues for Consideration | Safety and communication if abuser is not in custody System is largely out of survivor’s control Survivor may have opportunity to submit impact statement during sentencing and may or may not be involved in any trials If the abuser is not found criminally responsible, survivor can still bring civil claim Bringing civil and criminal claims concurrently may result in stay of civil proceedings Be wary of implied undertaking rule when using criminal evidence in civil claims (see Juman v. Doucette, 2008 SCC 8) | Survivor has more control over proceedings and is required to participate Proceedings may feel invasive and there are limits on privacy/confidentiality in record production etc. Retaliation by abuser Liability may be determined by default judgment if abuser does not respond to proceedings or if there is a finding of guilt in criminal proceeding and the facts supporting the finding satisfy the requirements to prove the cause of action Collections is a common hurdle and should be considered at the outset Work is usually done on a contingency fee basis |
Resources
In British Columbia, survivors of sexual abuse have access to a range of trauma-informed, culturally inclusive resources designed to support healing, safety, and justice. There are over 300 community-based services for survivors of physical and sexual violence across the province. Additionally, there are police-based, court-based and hospital-based services. These services include cultural and gender-diverse options and some services can accommodate communication with survivors in their first language.
Province-wide VictimLink BC is a toll-free, confidential help line available 24/7 in more than 110 languages, providing crisis support and referrals for people impacted by sexual assault, family violence, or human trafficking. Call or text 1-800-563-0808 or email victimlinkbc@bc211.ca.
The Crime Victim Assistance Program (CVAP) assists survivors, immediate family members and some witnesses in addressing the harm caused by physical and sexual violence. Benefits include medical and dental services, prescription expenses, counselling, protective measures, replacement of damaged or destroyed eyeglasses, clothing and disability aids, childcare and homemaking services, disability aids, expenses and services, support for a child born out of a crime, vocational services, income support, transportation and related expenses and crime scene clean up. For more information, visit: https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/financial-assistance-benefits.
The Ending Violence Association of BC (EVA BC) maintains a service directory across different regions of the province of the 300+ community-based support programs so survivors can find local programs for safety planning, counselling, outreach, and advocacy. Their Find a Service webpage is located at: https://endingviolence.org/services-directory/.
Slater Vecchio LLP’s website has a navigable map of resources in British Columbia and across Canada at: https://slatervecchio.com/sexual-and-systemic-abuse/.
For more information about the criminal system, visit: BC Prosecution Service – Province of British Columbia.
