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House Hansard - 277

44th Parl. 1st Sess.
February 7, 2024 02:00PM
Context: House Hansard - 277 - Feb/7/24
Ms. Nathalie Sinclair-Desgagné (Terrebonne, BQ)
Madam Speaker, I rise today to speak to Bill C-332, which amends the Criminal Code to make it an offence to engage in controlling or coercive conduct that has a significant impact on the person towards whom the conduct is directed, including a fear of violence, a decline in their physical or mental health or a substantial adverse effect on their day-to-day activities. It is high time we had legislation on this issue, which is distressing to too many people and too often to women. It is also important to note that this problem is being fuelled by technological advances, including geolocation trackers, miniature cameras, smart phones and social media platforms. All of these tools make it easier for abusers to continue to inflict harm or further isolate and control their victims, wherever they may be. Although coercive and controlling violence may a factor in other cases, it is definitely present in 95% of cases of domestic violence as we understand it. Only about 36% of family violence incidents and 5% of sexual assaults are reported to the police. We can therefore assume that there are many more cases of coercive and controlling violence than the justice system knows about. Based on data reported by police services across Canada in 2018, women in rural areas experience the highest rates of intimate partner violence. The committee also notes that the risk is greatest for marginalized women, including indigenous women, racialized women, women with disabilities and migrant women. Let us not forget the children either. First, it is important to define coercive control. Coercive and controlling behaviour does not relate to a single incident, but a pattern of behaviour that takes place repeatedly and continuously. It is currently hard to define this behaviour, in isolated cases, in the Criminal Code. We could talk about harassment, but, again, in isolated cases, it is hard to express. However, repeated and well-defined coercive behaviours could become a criminal offence if this bill is passed. Examples include financial control and implicit or explicit threats against a partner or ex-partner or against their children, belongings or even pets. Abusive behaviours are intended to cause fear and gain power and control over the thoughts, beliefs and actions of the victim. Despite what one might think, this behaviour often does not involve physical violence and takes away the victim's sense of personal agency. Generally, the abuser uses isolation, both physical and psychological, as a means to control their partner's contact with friends and family to emotionally bind the partner to them with the shackles of fear and dependency. The bill that the member for Victoria has introduced is in line with legislative efforts to bring about change on the issue of coercive violence. A few years ago, in 2019, we passed legislative changes to divorce law. However, they apply to married couples only. There are many individuals who were not covered by that legislation, but, more importantly, it did not make this behaviour a criminal offence. While the amendments defined coercive behaviour as part of what is known as “family violence”, there was still no criminal sanction associated with it. It is about time we made it a criminal offence. Having passed first reading and been added to the order of precedence of the House on September 20, 2023, Bill C‑332 has come farther in the legislative process than any previous bill on this issue and has the best chance of coming to fruition. While a number of Criminal Code offences can apply to acts of family violence, some issues have been brought to light regarding the way the current legislation applies to victims of controlling or coercive violence. Victims have little or no confidence in existing mechanisms. Once again, distrust is even higher among the groups who are most often targeted, namely, marginalized women. Immigrant women, for example, fear that speaking out will result in their immigration application being denied. While aspects of coercive control and controlling behaviour may be present, the police and the justice systems often say that the victim's word alone is not enough to file a complaint. Victims also fear that they will not be taken seriously if they contact police. Finally, during the study of the ninth report of the Standing Committee on Justice and Human Rights, it was stated that multiple charges against abusive men are regularly reduced to one single charge, usually assault. That charge is then often withdrawn in exchange for a peace bond, the infamous “810 order”. To address this problem, which is close to the Bloc Québécois's heart, we support the objective of Bill C‑332, which amends the Criminal Code. However, we do have some reservations, along with a few proposals and suggestions that would address certain shortcomings that we feel are significant. First, we should study the possibility of expanding the scope of the bill so that ex-partners and other family members who are not part of the household can testify, in order to address the problem of “one person's word against another's”. We could also extend this idea even further by including testimony from outside witnesses such as a neighbour, for example. Second, we should look at the severity of sentences and the consideration given to children in cases of coercive or controlling violence. Third, the link between the new offence and the impact on family law and child welfare cases should be studied. This bill must link up with what already exists. That is part of the work that will be done in committee on this bill. Finally, the wording in the NDP members' bills does not necessarily address the issue of victims being retraumatized and having to recount their experiences over again. Furthermore, Bill C-332, in its current form, does not change the way the courts and authorities deal with this issue. I would like to emphasize one thing. If coercive control were to be added to the list of criminal offences, victims would finally be able to obtain financial assistance. As members know, victims of crime are entitled to financial assistance. A person could receive such assistance if, for example, they want to leave their home for fear of physical or emotional violence. If this bill is passed and coercive violence is added to the Criminal Code, victims of coercive violence will be able to apply for financial assistance to help them move or get counselling. All of the financial support offered to victims of other types of crime could then be offered to those who have experienced coercive control, which can be harmful to victims' mental, psychological and physical health. When victims are financially or otherwise dependent on their abuser, it can hinder them from taking action and make it difficult to establish evidence. If this bill is implemented, victims of coercive violence will no longer have to be financially or otherwise dependent on the perpetrator of the violence. Lastly, I would like to underscore another very important point. We see a lot in the news about femicide, and we often observe that physical violence only happens at the end of a relationship. It often involves an act of violence, a total loss of control where a man kills his partner. There are too many cases of femicide. However, we also observe a pattern of coercive control throughout the relationship. By making coercive behaviour a crime, we might help prevent femicide, and that is essential. I was very moved by the Latin American campaign Ni Una Menos or “Not One Woman Less”. The campaign is designed to get people talking about cases of domestic violence where it is not limited to physical or sexual assaults, but also encompasses the use of violence to control victims, as I defined it earlier. I am therefore asking my colleagues, parliamentarians, stakeholders and the community at large to support this legislative effort, which is crucial to the physical and mental well-being of victims of domestic and family violence. The House needs to recognize problems related to coercive control as a priority to ensure that victims get support and protection. We also need to ensure that abusers are held accountable for their actions before it becomes too late for their victim.
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