‘I’m being ignored’: Nova Scotia woman says justice system failing her in IPV case

Brandi Whynot claims she has lived the last four years in fear, as her intimate partner violence case moves through the court system.

“If I speak out and someone sees my face and hears my story maybe it will help them get out of their situation,” she said.

Back in 2021, just after giving birth to her daughter, Whynot said she was attacked by her ex-partner.

Things hadn’t been perfect in their relationship, but she said she’d been trying hard to make it work for her family.

“There was a morning that I woke up, and he was smoking in the house, which I’d told him not to do multiple times because I have asthma, the baby had asthma,” Whynot alleged.

“I took the cigarette from him, and I put it out, and I turned around to walk away. When I turned around, he came at me from behind,” she said, her voice trembling.

“The first thing I remember, it felt like he was trying to break my neck. It was being twisted very violently back and forth.”

Whynot said she thinks when her partner realized that “wasn’t working,” he pinned her against the wall and began to choke her.

“And the last thing I remember before I blacked out was, ‘I’m going to die and I’m never going to see my daughter again.’”

But Whynot said he relented, and she was able to escape with her baby.

She said she went to the hospital, and said her doctor instantly knew something was wrong and called the RCMP.

Now, she is speaking up with the hope her daughter’s generation won’t have to.

“I want to show her women are strong and powerful,” Whynot said. “And they don’t need to take that, you know?”

Whynot’s ex was charged with various offences, including two counts of assault involving strangulation – a charge that doesn’t sit well with Whynot.

“I think it should be attempted murder,” she said. “I don’t see what other goal someone’s trying to do, when they’re choking someone until they’re unconscious.”

Global News reached out to Whynot’s ex, who denies the allegations against him.

Over the phone, he said he never choked Whynot, but instead, put her in a ‘Full Nelson’ wrestling hold in what he claims was self-defence.

Whynot’s ex was released on conditions, but four years later his charges have yet to be tested in court.

Trial dates were originally set for late 2022, but when Whynot’s ex didn’t show up, they were forced to re-schedule twice.

In both instances he didn’t appear, which he said is because he doesn’t have a lawyer.

“And when warrants were put out for his arrest, I of course was like, ‘I’m going to call the RCMP, I know where he is,’” Whynot said. She says it took her calling multiple times over the course of a month for police to go arrest him.

“The cop basically laughed at me,” she said. “‘He’s like, ‘Oh yeah, I see you’ve called a few times here,’ and it’s like I have because I’m concerned for my safety, because he’s skipping court dates.”

Global News attended the accused’s most recent court hearing in Annapolis Royal on March 18, in a fourth attempt to set solid trial dates.

But Whynot’s ex didn’t appear.

Instead, he had a defence attorney Darren Macleod with Nova Scotia Legal Aid stand in on his behalf.

The Crown presiding explained that even if dates are set for trial, they’re likely to change once he obtains counsel. They told Global News if a defence attorney stands in on an accused person’s behalf, even if they aren’t hired to represent them in the trial, they cannot issue an arrest warrant.

According to RCMP, intimate partner violence cases are top priority for officers across the province, but they can only execute arrest warrants as per the Crown’s instructions.

“They can issue a warrant that gives police the authority to arrest an individual, and bring them before the courts immediately,” said Cpl. Holly Murphy, with Nova Scotia RCMP’s Criminal Operations Support Unit.

“They can also issue another type of warrant that gives the police the authority to arrest an individual and then release them on paperwork for another court date.”

Re-evaluating the criminal justice system

Whynot said she’s been struggling with the lack of communication and support from the justice system.

“Just trying to track down the head of my case has been a disaster,” Whynot said. “They’ve reassigned it five or six different times. They don’t update me on anything.”

Whynot’s frustration is not at all surprising to advocates in the field.

“In the case of Brandi, when she’s had to wait four years, the toll that that must take on an individual is unfathomable,” said Nancy Ross, an associate professor specializing in domestic violence from Dalhousie University’s school of social work.

“You might have difficulty sleeping at night, you know, you might have experienced flashbacks. You might feel depressed, ” Ross said.

“And all of those things would be understandable responses to a weight that induces terrific amount of stress.”

Ross has worked with many victims of intimate partner violence who have struggled with the slow pace of court proceedings.

She explained the justice system treats domestic violence cases as “one-size-fits-all,” and often doesn’t adopt a trauma-informed approach.

“To do a revision of these policies and to imagine other possibilities would require more investment — in terms of looking at what can we do that better supports victims, that provides a system where offenders can take accountability and where we can have greater sense of justice for all,” she said.

For Whynot, the current justice model is designed to fail victims.

“Nothing’s being done, I’m being ignored completely, and if he doesn’t go to court, I never get a trial,” she said. “So, I feel like he can just keep skipping court dates, and they’re not really ever going to do anything about it.”

Besides a restraining order, Whynot worries there’s nothing keeping him from showing up at her door.

“I’ve spent the last four years of my life, dealing with this. I’m in therapy and I struggle, I’ve been diagnosed with PTSD,” she said. “I just feel like no one’s taking me seriously.”

When it comes to RCMP and the court system, Whynot said she feels like she doesn’t matter.

“Every woman who’s going through a domestic violence case should feel supported and represented properly,” Whynot said. “And I feel like I’m just another number to them.”

If you or anyone you know are in immediate danger, call 911. 

A list of resources for those experiencing intimate partner violence:

Bryony House in Halifax.

Shelters for women and their children experiencing violence. 

Shelter Nova Scotia for emergency shelter for men.

KidsHelpPhone.ca for children or teenagers.

If you need crisis services, please call or text 211 or toll free 1-855-466-4994.