44th Parl. 1st Sess.
October 25, 2023 02:00PM
- Oct/25/23 2:16:31 p.m.
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Mr. Speaker, our hearts are broken in Sault Ste. Marie. Families have been shattered by intimate partner violence. Children who had a bright future ahead of them, with untold potential, have been lost. To the families and friends of the victims, I send my deepest condolences. To the school community and to the residents of the Soo, I hear in their voices their pain. We will be there for them. It is so important that, as a community, we reach out to our friends, family members, therapists and counsellors in such a time. I would be remiss if I did not recognize the first responders whose lives will be significantly changed for the rest of their lives.
We are going to stand together. We will mourn together and we will heal together because, as a community, we will get through these very tragic days in Sault Ste. Marie and Canada. I thank all who have reached out to me and to my community. My heart goes out to the families.
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- Oct/25/23 3:22:21 p.m.
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Mr. Speaker, no one in this House disagrees that the Iranian regime is murderous, is a sponsor of terror and is bloodthirsty against people around the world and, indeed, against its own citizens. I remember well having held in my arms families of the victims of PS752, broken-hearted because of what this murderous regime is capable of doing against its own citizens, let alone against citizens around the world.
That is why we have continued to pursue every available means to hold the Iranian regime to account, to support people fighting for freedom in their country and to support Iranian Canadians. We will continue to do just that.
Some hon. members: Oh, oh!
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Madam Speaker, unfortunately, some victims only found out that their assailant was about to be released through media reports. Can my colleague assure me that this kind of situation will never happen again and that victims will finally receive the concrete information they need to protect themselves?
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Madam Speaker, the focus of this bill is victims' rights. Every section of the bill and every discussion we had with respect to the bill was with that in mind. The publication ban provisions, in particular, were entirely focused on victims' rights and making sure that they have the information that they need when they are caught up or involved in the legal system. I share the member's concern, and I can assure her again that the bill would do everything possible to make sure that victims' rights are not only acknowledged but information is communicated to the victims at the appropriate time.
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Madam Speaker, I just want to take a moment to thank the member for South Surrey—White Rock for sharing in the House her personal experience as a sexual assault survivor. This is a scourge in our society that is too often treated as a source of shame for victims. It is very important that we all stand with those victims. One of the ways of doing that is by sharing personal experience.
The member will know that I also have shared in the House my own experience as an adult survivor of child sexual assault. I think that whatever our opinions about what the proper solutions are, it is important to acknowledge all those victims who came forward to the House of Commons justice committee, shared their experiences and risked retraumatization in order to get the legislative changes that they think are important.
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Madam Speaker, it is very difficult to come forward. I am able to come forward in the House in a public way at this time in my life only because of the passage of time. At an earlier time, I simply could not have stood publicly and disclosed what I have disclosed.
The effects of sexual assaults last a lifetime. I applaud all those who came before the committee and told their personal stories, shared them in order to enlighten us all on the difficulties faced by victims.
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Madam Speaker, I am pleased to be speaking to Bill S-12 today, as it would address one of the recommendations of the Standing Committee on Justice and Human Rights report entitled “Improving Support for Victims of Crime”, which was tabled in the House in December 2022.
When the justice committee began its study on victims of crime more than a year and a half ago, the member for Victoria brought to my attention the bizarre and unjust situation that survivors of sexual assault face in their current circumstances, which is that survivors regularly suffer from restrictions on their ability to talk about what happened to them and sometimes even suffer penalties for violating court-ordered bans on the publication of information that would identify their own names. It is important to note that these bans are routinely imposed in sexual assault cases across Canada. Anecdotally, we know it approaches 100% of the time. It is also important to note that most of the time, this happens without survivors' being aware that the publication ban is in place.
Bill S-12 would fix that by requiring notification of survivors. There are many reasons a survivor might choose to or inadvertently violate such a ban. Some feel that such publication bans inadvertently protect the perpetrators by the necessity of protecting their identity in circumstances where the publication of the perpetrator's identity would identify the victim. Others feel the idea of publication bans itself is based on an archaic and misogynist idea that sexual assault victims are somehow responsible for what happened to them and should be ashamed.
To be clear, some survivors do want their privacy protected by having publication bans in place, but others believe that public safety requires them to let family, friends and members of the public know of a risk of sexual assault they might face, by identifying the fact they were assaulted and who the perpetrator was.
At this point, I want to express my thanks to the survivors of sexual assault, and in particular those from the group My Voice, My Choice, who risked retraumatization by coming forward to committee and talking in public about their own personal experiences, in order to get the legislative change they need, in the hearings before the justice committee on victims' rights that began in October 22, more than a year ago.
Again, I want to thank the member for Victoria, who brought this situation to my attention and then introduced a private member's bill on the topic in order to try to get the House to act. In addition, I want to thank the member for LaSalle—Émard—Verdun, the former minister of justice, who decided to include measures to restore agency to survivors of sexual assault by including it in Bill S-12.
The government did not choose a path, using a Senate bill, nor did it choose a timetable, at the last minute, that New Democrats might have chosen. This has left us with little time to meet the deadline for passage of Bill S-12 and therefore with little time to consider all of the important amendments suggested by My Voice, My Choice, without endangering the fate of this bill as a whole by causing a to and fro between the House and the Senate. Now, we have a bill that, had it been on a better path and a better timetable, could have been even better in meeting the needs of survivors of sexual assault. However, we still have a bill before us that, I am assured, would make the necessary fundamental changes to restore agency to survivors and to ensure that there would not be prosecutions for violating bans of those whom they were supposed to protect.
Let me turn briefly now to the other half of Bill S-12, which provided the original impetus for the bill. The Supreme Court of Canada decision requires revisions to the sex offender registry. The Supreme Court found that automatic lifetime registration for those convicted of listed offences was overly broad, and as a consequence, was capturing some who were very unlikely to reoffend. I know some argue that all must be listed, but it is important to remember that if we list people who are at very low risk to reoffend, we waste public resources that might better be used to monitor the higher-risk offenders.
Instead, Bill S-12 would meet the Supreme Court's challenge by implementing the presumption of registration of those convicted. This would mean that a very small number of those convicted of listed offences could ask a judge to use their discretion to exempt them from legislation. The estimates are that it would be probably far fewer than 10% who could ask for that exemption.
The bill would also strengthen the sex offender registry in a couple of important ways. Most importantly, to me, it would add the offences of non-consensual distribution of intimate images and so-called sextortion to the list of offences that would result in registration as a sex offender.
In our modern world of overuse of social media, overuse of the Internet and overexposure of everyone to everything, these offences sometimes may seem trivial. However, we must remember that with non-consensual distribution, intimate images last forever on the Internet, and I think those who perpetrate this need to understand that these offences will be taken very seriously and that they will be monitored as sex offenders on the registry to make sure they do not engage in this kind of behaviour again.
I would like to conclude with thanks to all the parties that have worked together to get this legislation here today in time to meet the Supreme Court of Canada's deadline. I know that some parties still have reservations and I know that some of the victims would like to have had more amendments made to the bill. However, I do believe that we have it in a form in front of us today that will help restore agency to survivors of sexual assault in the future. I think that is a very important reason for us to act promptly.
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Madam Speaker, for those who do not know, two weeks ago, I ran 10 kilometres to raise funds for the Centre d'aide et de lutte contre les agressions à caractère sexuel de Longueuil, or CALACS. It is a Longueuil-based support centre that is doing very good work helping victims of sexual assault. Its members want to run a campaign in high schools in the spring to prepare young students for their prom, and they want to talk about the concept of consent. They really are doing extraordinary work. I wanted to mention it because we are sort of talking about that.
I was looking at some statistics, which were actually provided to me by the CALACS people, and I can say that the work is far from done. The bill before us is important, but there is still a lot of work to be done. Only 5% of victims of sexual violence file a complaint in Quebec. What is more, when they do, only three out of every 1,000 complaints result in charges being laid. That falls very short. Clearly, the justice system still scares victims.
Does my colleague have any suggestions about other measures that could be implemented to ensure that the system no longer scares victims of sexual offences in this country?
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Madam Speaker, I thank the hon. member for the efforts he has put in within his community to help address the scourge of sexual assault in all communities across the country. I also thank all of the community-based organizations that provide support to survivors of sexual assault in particular but also to victims of crime.
One of the things we concluded unanimously in the justice committee's report on providing better support for victims of crime is that the federal government has to do more to support community-based activities. Coming back to Bill S-12, I think one of the important aspects of allowing sexual assault victims to speak freely about their cases if they choose to do so is that it will help remove the stigma associated with sexual assault. This in itself will help improve reporting rates.
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