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Decentralized Democracy

House Hansard - 277

44th Parl. 1st Sess.
February 7, 2024 02:00PM
Context: House Hansard - 277 - Feb/7/24
Mr. Randall Garrison (Esquimalt—Saanich—Sooke, NDP)
Madam Speaker, in Parliament, unanimous support is a rare thing to see, but on the issue of coercive and controlling behaviour, we have an instance where all parties agree that there is a need to act. This bill and the associated recommendations from the justice committee have now twice received the support of all parties at the justice committee, and we heard strong speeches in support of this bill from all parties in second reading debate just before the holiday break. Given this degree of support, it is my hope that Bill C-332 can move forward quickly from this point. As we are all too well aware, this is a minority Parliament, and one which is already well past the normal life of minority parliaments in Canada, so the clock is ticking, and we need to act in the House to make sure this bill still has time to get through the other place before the next election. There is no doubt among any of us here that there is an urgent need to act to combat domestic violence in Canada, and we have shocking statistics that clearly demonstrate the fact that intimate partner violence is a growing problem across Canada. More than 40% of women, that is more than 6.2 million Canadian women, have reported experiencing some kind of psychological, physical or sexual abuse in the context of their intimate partner relationships in their lifetime. For indigenous women, that number is 61%. For women with disabilities, it is 55%, and for lesbian, bisexual, non-binary and trans women, it is over 67%. These are shocking numbers. One woman is still killed by an intimate partner every six days in this country, and as femicide in intimate partner relationships is almost always preceded by coercive and controlling behaviour, this bill would save lives. Some may wonder what caused me to take up this issue in 2020. At the start of the pandemic, I did a call around to police and social services agencies in my riding. I heard universally that one main thing was happening, and that was a spike in domestic violence calls for assistance as a result of the pandemic. In fact, those rates of calls for assistance have not decreased, even as the pandemic measures have eased. What I heard from police and frontline social services agencies, and in particular from women's shelters and anti-domestic violence agencies, was that this is something we should think of a as shadow pandemic. It was something that was being hidden because women were being isolated at home during the pandemic, and it was even more difficult for them to reach out for assistance. The second thing I heard, almost universally again, and in particular from both police and social services agencies, was their frustration at lacking the tools to offer help to those trapped in abusive relationships until there is physical violence. Local police recounted leaving many domestic violence calls without being able to help, yet they were certain they would be called back soon, and that the next call would involve physical violence. Shelters reported seeing the same women multiple times, but without the presence of physical violence, there was no ability to seek restraining orders or get removal of the abusive partner from the home. Making coercive and controlling behaviour a criminal offence is not really about adding a new offence to the Criminal Code. Instead, it would recognize this behaviour is in itself a form of violence. It would move the point at which victims can get help to before physical violence occurs, instead of waiting until there are bruises and broken bones. Bill C-332 is not by itself a solution to the problem of intimate partner violence, but it is rather a tool for addressing abusive relationships before that violence turns physical. In this debate, we heard a couple of concerns about the impacts of this bill. Certainly, when I began working on this topic, I did often hear that there is no accepted definition for what constitutes coercive and controlling behaviour. This bill would solve that problem by putting in law a very specific description of what this involves. I have to say, most of those saying that they did not know what coercive and controlling behaviour looks like were men. From women, I almost universally heard about the kinds of coercive and controlling behaviour they, members of their family or their friends had been subjected to. They had no trouble recognizing this behaviour. In fact, I had to admit to myself that the lens of coercive and controlling behaviour helped explain a lot of the family dynamics from my own childhood. A second concern we heard in this debate referred to the slow start in making effective use of the provisions in other jurisdictions where similar legislation has been adopted. It was adopted in the U.K. in 2015, in Ireland and Wales in 2019, and in New South Wales in Australia in 2022. Hawaii also has a similar provision. Measures to criminalize coercive and controlling behaviour are also moving forward in a number of other U.S. states. Studies looking at the U.K. show that there was a period of time before there was broad knowledge of the existence of the bill and how to make use of it, and this was not just among those who were victims, but also among police, prosecutors and social services agencies. However, this in itself is no reason for further delay. Similar studies show that the rates of charging and convictions in those other jurisdictions have steadily increased as both the public and enforcement agencies become aware of the possibilities in such a bill. So, we will probably go through the same period of adjustment in this country once we pass the bill, but, for me, that is a strong argument to get started now and not an argument for delay. We should remember that this bill in one form or another has now been before the House for three years. Members will also have heard some concern that the bill would potentially have a negative impact on marginalized women as it might provide another tool to be used against them by their abusive partners. It has been suggested that the abusive partner might be able to accuse the victim of coercive and controlling behaviour. I have no doubt that this will happen, but I have three, admittedly somewhat impatient, responses to this concern. One is that it is in fact marginalized women, so, racialized women, new Canadians and indigenous women, who are most often the victims of coercive and controlling behaviour and often have the fewest resources to escape those relationships. My second response is to agree that, of course, the whole legal system systematically disadvantages marginalized women, but this is a broader reform we need to tackle in the justice system and not a reason to not proceed with this particular bill. Finally, I would say that I have never heard this concern raised by frontline social service agencies and, in particular, I have never heard this concern from those who serve marginalized women or from marginalized women themselves. We should also recognize the broad community impacts that this bill will have, the positive impacts. Yes, women are the primary victims of coercive and controlling behaviour, but it is equally damaging in whatever context and whatever the gender of those being abused. Studies have shown that coercive and controlling behaviour is an equally large problem in the queer community. As well, we should also recognize that coercive and controlling behaviour does not just impact the victims but also their children in terms of physical safety and mental health. This is a particularly serious concern when relationships between mothers and their children are weaponized by abusive partners, and it is a particular concern when it comes to questions of child custody when someone is trying to leave such a situation. At this point, I want to stop and thank all of those who have shared their personal experiences with me and my office. This is not an easy thing to do. We have heard from literally hundreds of women over the past four years, some expressing their thanks for recognizing coercive and controlling behaviour as a form of violence, some just for putting a name to what they were going through and recognizing they were not alone, but all of those women expressing their hope that we would press forward with this bill. One conversation in particular still stands out for me. It was with a women in my local constituency who holds a highly skilled job and a prominent position in our community. She said she would like to tell her story publicly to show other women that this could happen to anyone, even to those who we would imagine have all the skills, abilities and resources to avoid or escape a coercive and controlling relationship. She wanted to tell that story, because she wants others to understand that it is never the victim's fault no matter how many times the abusive partner tries to make them believe that it is their fault. However, she cannot tell her story publicly yet as her ex-husband is still using child custody as a weapon in trying to reassert control over her. To conclude, I did not introduce this bill in the beginning thinking it would pass immediately. I introduced it to try and get attention to the crisis that came about in parallel to the pandemic. However, when this report was adopted by the justice committee, I became hopeful that we could get this bill through, and here is where my thanks go to my NDP colleague for Victoria. She and I have been working closely on this and other important issues involving women and the law and, thankfully, the member for Victoria had a much luckier draw in the precedence for PMBs than me. My number would have been virtually last in this Parliament, but she was able to get it before us now, and here we are today. Let me just say that I hope we advance this bill quickly. It would be a good way of showing Canadians that we, as parliamentarians, can work together effectively to tackle important problems. It would show that we understand that intimate partner violence is indeed an epidemic in our society. It would show that we are going to devote everything we can to fight it, not just with a new law, but also with a necessary—
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