44th Parl. 1st Sess.
October 17, 2023 10:00AM
Madam Speaker, I will start by stating that the Bloc Québécois supports Bill C-320. Simply put, our party is committed to supporting initiatives that keep women safe and that address violence against women.
I believe that victims have everything to gain from getting as much information as possible about their assailant and the situation surrounding the assailant's potential release. Our position is therefore in keeping with the Bloc Québécois's support for Bill C-233. That bill amended the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device. I sincerely believe that measures like this are good for victims. Members of the Bloc Québécois will always stand up to protect victims of crime and strengthen the relationship of trust between the public and our institutions. It must be said that that relationship keeps getting undermined these days.
The bill before us now seeks to amend the Criminal Code to enable victims of a criminal offence to get an explanation about how certain decisions were made about their assailant. This includes the eligibility dates and review dates applicable to the offender in respect of temporary absences, work release, parole or statutory release.
Adding a mechanism that would give victims access to additional information about their assailant's situation and decisions being made about that person is, in my opinion, certain to strengthen the justice system. That is why we support this bill.
Over the past few years, Quebec has positioned itself as a world leader in enhancing victim protection and strengthening victims' confidence in the justice system. For example, the Government of Quebec has launched a pilot project in a number of courthouses to create courts specializing in sexual assault cases. There is also the electronic monitoring device pilot project, which was successful and has been deployed across the province.
These advancements meet the objective of recognizing how vulnerable victims of an offence are and putting all the tools at their disposal so they can be safe. This way, the justice system can evolve and adapt to better serve the needs of victims of crime.
If it passes, these legislative changes will represent an added value for the victims, including female victims of domestic or sexual violence, for example. I would like to thank the member who introduced this bill because, although we are talking about a fairly simple change, it is these small changes that can really make a difference in the lives of many people who really need it.
The justice system has to be more effective in general and more transparent, not least to facilitate the legal process and ease the long-term effects on victims or their family, especially when a decision is made about releasing the assailant. As I have already stated, we need to strengthen public trust in the justice system so that no other victim of a crime will hesitate to report their assailant to the police.
Unfortunately, the numbers are representative of this lack of confidence in the justice system. According to the Institut de la statistique du Québec, only 5% to 6% of sexual assaults in Canada are reported to the authorities. According to data obtained by Radio-Canada through the Access to Information Act in 2018, 77% of women who came forward did not see their assailant get formally charged. We can understand why they would not want to embark on a lengthy and often costly legal process that could ultimately let them down and force them to relive and retell their experience again and again.
While the vast majority of women remain silent before a justice system that lets them down, statistics show that there has been a rise in femicide and domestic violence. Between 2009 and 2019, for example, femicides increased by 7.5%. As parliamentarians, we have a responsibility to help reverse that trend.
The reality on the ground highlights the deficiencies in the justice system status quo. For example, many victims continue to fear their assailant even while that person is being detained. My team and I wanted to do a tour on the ground to see what is happening back home in the Gaspé Peninsula and the Lower St. Lawrence.
Regarding violence against women, the numbers are troubling. Community organizations that support victims are stretched to the limit. A women's shelter called L'Émergence, in Maria, in the Gaspé region, says it is receiving more and more requests for outreach services, meaning services for non-shelter residents, because the shelter is almost always full. With only 11 second-stage units and a housing shortage, women stay in their homes in spite of the risks they face. In the past few months especially, the number of high-risk cases has increased. High-risk cases refer mainly to the risk of femicide. Increasingly, the women seeking out the shelter's services face intersectional challenges, such as mental health issues on top of domestic violence and substance abuse. Very few of the women receiving services from the shelter report their abuser, and most of the ones who do come to regret it because of the complex procedures they have to deal with and the burden of proof that they have to bear. The results are also very often disappointing. As I mentioned earlier, the abuser either will not be formally charged or will get a sentence that is little more than a slap on the wrist. The number of women at the shelter who file an incident report, forgoing formal charges, is also declining dramatically.
In Matane, requests for assistance have increased by about 80% since the pandemic. At La Gigogne, shelter services are also constantly stretched to the limit. Management is forced to either turn women away or refer them to centres outside the region, uprooting them from their communities. Requests for outreach services have at least doubled since the pandemic. Across all organizations, less than a quarter of women ever file a complaint, mainly because of a lack of confidence in the justice system.
If this bill can restore victims' confidence in the slightest, so they do not feel they will be left to fend for themselves during the process or once the abuser is behind bars, I will definitely be voting yes. I think I can speak for the shelters and organizations in my riding that help women when I say that this bill is a good thing. We asked them, and they think it is a step forward. Why do they think that? It is because these organizations benefit when the women they help regain their trust in the justice system.
This is a step forward. Bloc Québécois members will always support initiatives that help victims of crime. We are pleased to vote in favour of this bill so that it can go to parliamentary committee. I heard the member who spoke before me say that there may be some amendments to propose, but we are quite willing to work on this bill.
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Madam Speaker, I am very pleased to speak in the debate on Bill C-320.
As my colleague from Avignon—La Mitis—Matane—Matapédia said earlier, the Bloc Québécois supports Bill C-320. The Bloc's position is part of its commitment to supporting initiatives that ensure women's safety and that combat violence against women. We believe that victims will significantly benefit from obtaining as much information as possible about their abuser, as well as the situation surrounding his release, if applicable.
The Bloc Québécois's position is consistent with our support for Bill C‑233. As my colleague said earlier, that bill amended “the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device.” The Bloc Québécois will always stand up to protect victims of crime and to strengthen the bond of trust between the public and our institutions. That last point is very important.
Our justice system is undoubtedly one of our most precious assets. We live in a society that is the envy of a lot of nations around the world. Section 7 of the Charter of Rights and Freedoms reads, “Everyone has the right to life, liberty and security of the person”. These are the rights that the justice system has the duty to protect for all Quebeckers and all Canadians. This duty is the guarantor of a strong democracy that protects fundamental rights. As elected representatives, we are responsible for protecting and safeguarding these rights.
We know that our criminal justice system has many shortcomings, as shown by many studies and testimonies. According to the 2022 national justice survey, nearly 49% of Canadians believe that the justice system is not really fair. That is half the population. Almost 39% of them think that the justice system is not accessible to all. One cannot be against the idea of periodically reviewing a system that is mired in red tape and where the human element is commonly pushed aside.
We think that more transparency is needed, particularly with respect to victims. We need to strengthen and, in some cases, even rebuild the relationship of trust, which does not always seem to mean much.
It is vital that victims feel safe throughout the legal process and that they believe that the rulings handed down are enough to keep them safe. Otherwise, many people will not feel comfortable reporting their attacker. That is something that we have seen and continue to see far too often. Some think that the risks outweigh the benefits. When a person comes to that conclusion, then the system has failed in its primary purpose.
With the marked increase in family violence over the past five years, as demonstrated by Statistics Canada, women and girls are the greatest victims of this flaw in the system. It is already hard enough to report an attacker. These victims have to deal with judgment, prejudice, and procedures that are often far too long. They need to be very resilient and courageous to get to the end of the process, all the while hoping that the court will decide to put their attacker behind bars for a time.
Once that happens, survivors can catch their breath. They can feel a little safer. They resume their lives and go about their business. They regain their confidence. However, after a few months, sometimes years, they learn that their abuser has been granted a temporary absence, parole or statutory release, and they are given no explanation of the procedure that led to that decision. For many of them, it is back to square one. The feeling of insecurity returns with a vengeance. Our criminal justice system, at least in its current form, does not always know how to adequately protect victims.
In my riding, I had the immense privilege of speaking with a sexual assault survivor. I did so with great humility, and I must say I was impressed. Moreover, she was a victim of a repeat offender. Before assaulting my constituent, this individual had already been incarcerated as a serial rapist. It was not just one assault; it was a series of rapes. He was released on parole. He went back to prison for a few years because he assaulted a few women while on parole, but he was released again and he reoffended. Again, he assaulted more women.
What message are we sending to victims when we release such an individual without offering his past victims adequate reassurance or, if necessary, support?
My constituent that I was talking about is a real fighter. She stood up and fought to prevent the release of this offender despite her own injuries. I have deep respect for her.
I also have deep respect for every woman who finds the strength to stand up and urge her politicians to adapt our laws to guarantee her safety and peace of mind.
It seems clear to me, under these conditions, that providing victims with an explanation for the release of their attacker is a matter of basic respect. It shows the empathy we should demonstrate in enforcing legislation and in shaping our justice system.
It gives the survivors of such crimes the right to question decisions made by the system and to file an appeal, if needed, if they feel that it is necessary. It is about properly supporting them in the very essential healing process.
Although Quebec may not be perfect, it has always stood out as a leader in protecting victims, including by bringing in electronic bracelets and setting up courts specializing in cases of sexual violence. It certainly plans to continue to serve as a model within Canada and globally. It is always important to keep the interests of the victim at the heart of the process.
For the benefit of Quebeckers and Canadians, the Bloc Québécois supports Bill C‑320. It is a small step, to be sure, but it is still a step toward building an effective justice system capable of fulfilling its mission.
This bill strengthens the right to safety of victims of crime, especially victims of domestic and sexual violence. It is somewhat in keeping with the spirit of section 7 of the Canadian Charter of Rights and Freedoms that I mentioned earlier that guarantees everyone the right to security of the person.
In short, when passed into law, this bill will strengthen the protection of victims, the transparency of the criminal justice system, respect for everyone's rights and, above all, democracy as a whole.
More importantly, it will help build confidence in our justice system among women who, all too often, still do not dare to report their attackers because the system does not always seem to be on their side.
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