44th Parl. 1st Sess.
March 10, 2023 10:00AM
- Mar/10/23 11:06:03 a.m.
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Madam Speaker, I rise to honour the life of Anton Philip Sinnarasa, whose passing last week has devastated the Eelam Tamil nation.
In 1981, he documented the burning of the Jaffna Public Library, which housed ancient texts and a rare collection of Tamil literature. He was a political prisoner at the Welikada prison during Black July, where thugs were sent to kill Tamil inmates.
Anton Philip, who was once ordained a Catholic priest, continued to be true to his faith and spent a lifetime supporting the many clergy and churches at the forefront of the struggle for Tamil self-determination and equality. In Canada, he started the Centre for War Victims and Human Rights, documenting the atrocities committed and the loss, trauma and displacement of his people.
As we mark the 40th anniversary of Black July this year, we lost a survivor, human rights defender and inspirational leader who served us to the end. Please join me in extending my deepest condolences to his wife Devi, his children Edward and Veena, and his extended family and friends.
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Mr. Speaker, I want to thank my colleague for his hard work over the years on this issue. We have spoken extensively on the need to ensure that coercive behaviour and controlling behaviour is addressed.
I would ask the member's opinion on Bill C-233, which passed the House, in terms of how the bill would assist us in addressing coercive and controlling behaviour.
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- Mar/10/23 12:40:24 p.m.
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Mr. Speaker, I am pleased to speak to the Standing Committee on Justice and Human Rights' report entitled “The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships”. I am grateful for all the individuals and organizations who provided evidence at the committee during its study of this very important issue. I would like to commend the committee for its comprehensive report. I also want to thank my colleague and friend from Esquimalt—Saanich—Sooke for all his work on this issue.
Addressing all forms of gender-based violence continues to be a priority of this government and this Prime Minister. This is a timely conversation, given International Women's Day was just this week. Coercive control in intimate relationships, also known as coercive and controlling behaviour, is an insidious form of intimate partner violence that often precedes physical violence. An abuser engages in a pattern of controlling behaviour over a period of time, eliminating the victim's sense of freedom. Abusers use a broad range of controlling conduct, including isolating the victim from their friends and family, monitoring and controlling the victim's activities and finances or threatening, belittling, humiliating or assaulting the victim. Coercive control focuses on the accumulative impact of the abuser's conduct on the victim.
While we know that anyone can be a victim of intimate partner violence, victims are most often women, and this violence is commonly perpetrated by men. In 2021, eight in 10 victims of such violence were women and girls, and the rate of victimization was nearly four times higher among women and girls than men and boys. We must also consider that many experiences of victimization are not reported to the police. The under-reporting of certain types of violence, including intimate partner violence, is well established.
Indigenous people are over twice as likely to experience spousal violence as non-indigenous. About six in 10 indigenous women have experienced some form of intimate partner violence in their lifetime, and four in 10 experienced physical abuse by an intimate partner in their lifetime. More specifically, 43% of first nations women, 48% of Métis women and 35% of Inuit women have experienced physical and sexual assault by an intimate partner in their lifetimes.
The World Health Organization has recognized that intimate partner violence is a serious public health concern and a violation of women's rights that has profound, immediate and long-term impacts on survivors and victims and requires a multi-sectoral approach. We know that gender-based violence is unacceptable and has no place in Canada. We also know that it is a significant barrier to achieving gender equality.
I want to note that the Minister of Justice raised the committee's recommendations at the fall 2022 federal-provincial-territorial meeting of ministers responsible for justice and public safety and that his officials have engaged their provincial and territorial counterparts on the issue of enacting a new offence prohibiting coercive control consistent with one of the committee's recommendations. I, for one, will be interested to learn about what this collaboration with the provinces and territories will result in. Indeed, they will have valuable experience to contribute to this issue, given their responsibility for the administration of justice, including the investigation and prosecution of criminal offences.
Once again, I want to thank my colleague for this discussion that is taking place today. I look forward to continuing the work with him and all parliamentarians on this very important issue.
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- Mar/10/23 12:41:07 p.m.
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- Re: Bill C-5
Mr. Speaker, I agree.
Reducing sentences is not a good thing, particularly in the case of intimate partner violence. What is important is that our government is undertaking reforms that would really speak to a number of issues in our communities. Bill C-5, for example, would address issues with mandatory minimum penalties, which we know do not work. What we have done with Bill C-5, for example, was allow judges to make decisions based on the individual who is before the court that are based on a number of different personal circumstances, and I think it is smart public policy. We will continue toward reform that is meant to be smart, that is meant to address issues of serious criminality and also to ensure that intimate partner violence is not accepted, in any way, in Canada.
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- Mar/10/23 12:43:16 p.m.
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Mr. Speaker, as the hon. member knows, the Minister of Justice is open to suggestions from all parliamentarians.
What is very clear for the minister is that we need smart criminal justice policy that is rooted in evidence, and we look forward to working with all parliamentarians in this regard.
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- Mar/10/23 12:44:31 p.m.
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Mr. Speaker, I absolutely will agree with the member in this regard.
I know this is an important issue, and we have heard from many different organizations and individuals who have been directly impacted by it. The minister has been very clear on this a number of times when he has appeared before committee. In fact, he answered the question the member asked several months ago. He will continue to work with his provincial and territorial counterparts in order to advance smart criminal justice policy.
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Mr. Speaker, I would like to thank my colleague for her intervention. I know she has worked very hard on this issue with Bill C-233 for a number of years. I admire the depth to which she and her colleagues have gone to ensure that it not only passes but also brings everybody together. I think she has successfully managed to do that.
Of course, this is an important conversation starter, but it should not be the end. Back to the point that my friend from Kamloops made, it is one of the important tools to ensure that sentencing, for example, is appropriate and that judges are informed of the peculiarities, special circumstances and risks involved in intimate partner violence. Therefore, I think it is an important and smart first step, but of course, there is much more to do.
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- Mar/10/23 12:48:26 p.m.
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Mr. Speaker, it is a Friday afternoon, and my friend from Esquimalt—Saanich—Sooke has brought forward a very important conversation today.
I do not really want to get into a political debate, but I want to put on the record that the member and the party opposite have consistently spoken out against Bill C-75, which in many ways addresses the issue of gender-based violence. Many provisions were brought in that were not available in protecting victims, so I find it a little disingenuous when the party opposite starts going into a political discussion on timing of an appointment, where the real issues are addressed in Criminal Code amendments we have brought forward as a government, which they continuously criticize, demean and in fact misinform the public on.
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- Mar/10/23 12:49:58 p.m.
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- Re: Bill C-5
Mr. Speaker, I have an incredible amount of respect for Dr. Zinger. I have followed his work for the last decade, and he is one of the most underused persons in this House. He is absolutely right. If we look at Bill C-5, which again the party opposite consistently and continuously drags down, its aim is to address the issues of overrepresentation. Again, I go back to smart public criminal policy.
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Madam Speaker, I am pleased to speak on Bill S-224, an act to amend the Criminal Code regarding trafficking in persons. I want to begin by acknowledging that we are gathered here on the traditional unceded lands of the Algonquin people.
The bill came to us on October 18 after having passed the other place; it proposes reforms to the definition of “exploitation” for the purposes of the Criminal Code's human trafficking offences. The bill seeks to protect victims and to hold human traffickers accountable. These are laudable and pressing objectives.
Human trafficking is one of the most heinous crimes imaginable, and it is often described as a modern-day form of slavery. It involves recruitment, transportation, harbouring and/or control over the movement of persons for the purposes of exploitation, typically sexual exploitation or forced labour. Human trafficking devastates victims and survivors, as well as their families, their communities and society as a whole.
In Canada, reported human trafficking data primarily relates to trafficking for the purposes of sexual exploitation. Traffickers seek to profit off the sexual exploitation of others, treating victims as commodities to be used for the traffickers' financial gain. Between 2010 and 2021, the large majority of individuals accused of trafficking were men, most commonly between the ages of 18 and 24. While we know that anyone can be targeted by a trafficker and become a victim of human trafficking, 96% of police-reported victims between 2010 and 2021 were women and girls.
Almost one in four, or 24%, of the reported victims, were younger than the age of 18; half, 45%, were between 18 and 24 years old; and one in five were between the ages of 25 and 34 years old. Moreover, women and girls were more at risk of being targeted by a trafficker when impacted by factors like poverty, isolation, precarious housing, substance use, a history of violence, childhood maltreatment and mental health issues. In short, traffickers look for young women and girls in precarious situations and target these individuals for financial gain.
We also know that indigenous women and girls are disproportionately represented among victims or those at risk of becoming victims of trafficking for purposes of sexual exploitation. The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls notes several intersecting factors that increase the likelihood of being targeted by a trafficker. Those include systemic racism, violence against indigenous women and girls, intergenerational trauma linked to colonization, the lack of access to social and economic resources and colonial assimilation policies.
Traffickers likely target victims who experience these types of risk factors. The majority of victims are trafficked by someone they know. For example, nearly one-third of victims have been trafficked by a current or former intimate partner. In fact, some traffickers target and romantically pursue potential victims with the specific intent of exploiting them.
Traffickers will go to a great extents to keep victims isolated and unable to seek help. They often separate victims from those who could help them, hide them from the public, ensure they do not have access to support and may force victims to commit crimes while being trafficked, convincing them that they will be arrested if they try to seek help.
We also know that victims may be unwilling or unable to seek help for a number of reasons, such as distrust of authorities, which is often created or fostered by the traffickers themselves, or because victims are fearful, ashamed, not aware of their rights in Canada, experiencing language barriers, or have a desire to protect their traffickers.
After being trafficked, victims may experience post-traumatic stress and memory loss as a result of the physical, sexual, financial, emotional and psychological abuse they were subjected to while being trafficked. Many victims have both physical and psychological scars from being trafficked.
It is crucial to support victims and bring their traffickers to justice. I am reassured by the fact that the Criminal Code contains a strong legislative framework governing human trafficking that includes a specific offence of trafficking in persons, including trafficking in adults, trafficking in children, receiving a material benefit from trafficking in persons, and withholding or destroying identity documents to facilitate the commission of this crime, with maximum penalties of up to life imprisonment. Because human trafficking cases are complex, other offences may be used depending on the facts of the case, such as forcible confinement, assault, sexual assault and uttering threats.
Bill S-224 would strengthen this framework. I agree with the bill's sponsor that we must continue to reflect on how we can ensure the most robust legislative framework possible, and I am grateful that we now have the opportunity to do just that.
That brings me to my main concern with Bill S-224. The bill would repeal the Criminal Code's existing definition of exploitation, resulting in prosecutors no longer being able to rely on that definition in appropriate cases. The current definition of exploitation focuses on the impact of the trafficker's conduct on a reasonable person in the victim's circumstances.
I note that the existing definition was first enacted in 2005 and thus we have 17 years of jurisprudence interpreting it. I am pleased to be able to report that the definition has been interpreted broadly, as I have already noted, applied to human trafficking cases that have involved purely psychological forms of coercion. This is critically important because human traffickers often target victims due to their vulnerabilities, which make them easy to manipulate without the need to resort to more violent tactics. In particular, both the Ontario and Quebec courts of appeal have found that under such an existing approach prosecutors do not need to prove that the victim was actually afraid, that the accused used or threatened the use of physical violence or even that exploitation actually occurred. Prosecutors need only to prove that a reasonable person in the victim's circumstances would fear for their safety, that the accused engaged in psychological forms of coercion and that the accused either intended to exploit the victim or knew that someone else intended to do so.
If Bill S-224 were amended to add the proposed definition of exploitation as an additional definition that could be used in appropriate cases, prosecutors would have an additional tool to assist, ensuring that traffickers are held to account. Such an approach would strengthen the existing criminal laws in response to human trafficking without removing any of the existing tools that have been successful in achieving the critical objective of ending this heinous crime.
Since 2005 when human trafficking offences were enacted in the Criminal Code, Canada has continued to demonstrate leadership in combatting human trafficking. For example, in 2019, the Government of Canada launched the national strategy to combat human trafficking. The strategy is led by Public Safety Canada and is a five-year whole-of-government approach to addressing human trafficking. It frames federal activities under the internationally recognized pillars of prevention, protection, prosecution and partnership.
The objectives of Bill S-224 are laudable and I share the sponsor's concern about the serious impacts that human trafficking has on victims. I welcome the opportunity to study the bill.
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