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Charter - Values (2). Ahluwalia v. Ahluwalia
In Ahluwalia v. Ahluwalia (SCC, 2026) the Supreme Court of Canada establishes of a new tort of 'Intimate Partner Violence'.
Here the court considers how this new tort is consistent with Charter values:[133] Furthermore, recognizing in law that intimate partner violence interferes with one’s dignity, autonomy, and equality ensures that the incremental development of the common law aligns with the Canadian Charter. Citing jurisprudence of this Court, including Salituro and Nevsun, Ms. Ahluwalia and several interveners recall that the common law of torts should develop in a manner consistent with Charter values (A.F., at para. 75; see also Dolphin Delivery, at pp. 602-3). Noting that intimate partner violence has a disproportionate impact on women, Ms. Ahluwalia argues that the development of a new tort should reflect the central premise of s. 15 of the Charter that guarantees equality to disadvantaged groups (see also S. Moreau, “Beyond Discrimination Law: Realizing Equality Through Other Laws, Such as Tort Law” (2024), 4 Am. J.L. & Equal. 427). The intervener WLEAF further submits that the values underpinning s. 7 of the Charter support the recognition of a new tort, as intimate partner violence interferes with an individual’s liberty to make “‘inherently private choices’ that go to the ‘core of what it means to enjoy individual dignity and independence’” (I.F., at para. 16, citing Godbout, at para. 66), as well as their physical and psychological security. The law — including private law — recognizes a woman’s right to equality in intimate partnerships and when her partner acts to coerce and control her, that right — alongside other rights and interests — has been breached.
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