44th Parl. 1st Sess.
June 22, 2022 02:00PM
- Jun/22/22 3:20:43 p.m.
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Mr. Speaker, there have been discussions among the parties and if you seek it, I believe you will find unanimous consent to adopt the following motion:
That the House call for an independent inquiry into Hockey Canada's handling of the events of June 2018, in order to determine whether this was an isolated event or whether there are deficiencies in Hockey Canada's handling of reported complaints of sexual assault, sexual harassment and other types of misconduct.
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Madam Speaker, I thank the hon. member for Esquimalt—Saanich—Sooke for his co-operation on this issue.
I share that concern. I think that actually all in this House share that concern. One of the really troubling parts of the Supreme Court decision was an explosion of misinformation online. I am not saying that it was in bad faith; it was just a misunderstanding. It was that all of a sudden there was a defence in the vast majority of cases in which intoxication might have been a factor. It is simply not the case that in those cases one has a defence to any general intent crime, such as assault, sexual assault or manslaughter.
This is a very rare set of cases. We have addressed that, but with the hon. member and other hon. members in this House, I think we should take this opportunity to repeat to Canadians that all along the spectrum, one does not have a defence of intoxication for violent crime or sexual assault.
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Madam Speaker, thank you for the opportunity to express my unequivocal support for Bill C-28.
What I would like to do is focus on what this legislation means for the women and youth who are disproportionately impacted by violence, and more specifically, intoxicated violence. The extreme intoxication we are talking about is not about being drunk and not about being high. The Supreme Court has clearly said that drunkenness is not a defence in crimes of violence, including sexual assault.
That is really important, so I am going to repeat it: Drunkenness is not a defence in crimes of violence, including sexual assault.
In recent years, Canadians have deepened their understanding of the harmful social norms and influences that contribute to gender-based violence. They are also aware that our justice and social systems often fail victims and survivors. When we take an even closer look at this issue, we see that indigenous women and girls, racialized people and LGBTQ2+ people experience gender-based violence and sexual violence more than any other segments of society.
All Canadians deserve a justice system that protects them. Everyone, especially those who are most at risk, deserves to feel protected from violence. These ideals lie at the core of the legislation that is before us this evening.
In May, the Supreme Court of Canada's ruling essentially created a gap in Canadian law, a gap that can enable perpetrators to avoid conviction if they are able to prove that extreme intoxication rendered them not responsible for the crimes they committed. Bill C-28 aims to close this gap.
As mentioned, the Supreme Court ruling created a gap. Unfortunately, that gap was quickly filled with misinformation, so—
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Madam Speaker, we need to pass it because, as the Minister for Gender Equality indicated, we do not want victims. We do not want another person to fall victim to this. I look at it as one is too many. We know that this defence being used once is one time too many, especially if somebody has been the victim of a sexual assault and somebody is getting off using this defence. We need to continue this conversation. Although this bill solves part of the problem, there needs to be a much bigger conversation.
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Madam Speaker, I thank my colleague and I want to take this opportunity to acknowledge her. She is the chair of the Standing Committee on the Status of Women. I wish her a very good summer. She was also with me at the meeting of the Standing Committee on Canadian Heritage on the horrible case of assault against a young woman; it is truly awful. She spoke about it at the end.
It was a difficult session. We conducted a study on domestic violence at the Standing Committee on the Status of Women. It was a very tough session. We heard some poignant testimonies.
How does Bill C‑28 fit into this context? She opened the door in her response to the previous question: in a continuum of measures that may be taken to address violence against people. She says that this bill may not go far enough. How does she see it? What would she have wanted to see to make this bill truly fit into the context where we address this violence against women?
I would like to hear her thoughts.
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Madam Speaker, how important is it for us in Parliament to ensure that we are strengthening laws to make sure we are protecting women at this time, who are often targets of sexual assault?
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Madam Speaker, everyone has talked about the importance of prevention and, above all, the need to take action on sexual assault.
Could my colleague also share her comments on the need for the government to act more comprehensively to end violence and sexual assault against women?
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Madam Speaker, I think that in some ways, it is even more important to tackle this problem than it is to address Bill C‑28. It is important to remember that the bill deals with extremely rare cases. Extreme intoxication to the point of automatism is not a common occurrence. We have seen it only a few times over a period of 30 years, while sexual assault offences are sadly far more common. With that in mind, it is even more important to tackle this problem directly and much more aggressively. Although what we are doing tonight is absolutely necessary, the focus should be more on sexual assault.
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Madam Speaker, I am just going to ask my colleague a question and take the opportunity to thank her once again for her work during this session.
Unfortunately, the session is ending with a bill that touches on a very sensitive issue. Women's groups have many questions and doubts. It is clear that the issue of defences in cases of sexual assault is extremely delicate.
What message does this bill send, as part of a continuum? I see that the stars are aligning at the moment for us to work on this issue. I am thinking in particular of the Standing Committee on Canadian Heritage and the Hockey Canada case. There has been a lot of talk about the importance of working on the culture of toxic masculinity and how we educate young men about their behaviour towards women. Similarly, the Standing Committee on the Status of Women just did a study on intimate partner violence. Today, this bill is being introduced. These are extreme cases. How does this add to a series of really important measures to be able to work on this important issue?
Statistics show that people are often intoxicated in cases of sexual assault. The numbers are staggering.
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Madam Speaker, there is the whole issue of how to deal with different types of sexual assault. My colleague mentioned a few. I would say that this is a different issue. We cannot see the bill as being part of a continuum because we are responding to a Supreme Court of Canada decision, and we could not anticipate exactly when it would be handed down. It is rather unfortunate that the ruling was handed down at the end of the session. We could not tell the Supreme Court of Canada to delay its decision until the fall or to release it sooner so we would have more time. That was out of our control.
I therefore do not think it belongs in a continuum of measures for other problems. It is really something that fell into our lap. The Supreme Court of Canada could have decided not to strike down the section. Then we would have had nothing to do. In short, we had no control over the Supreme Court of Canada's decision, and we are never supposed to have any.
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