44th Parl. 1st Sess.
February 7, 2024 02:00PM
Madam Speaker, I will begin by saying to the interpreters that I will try to talk slowly, but this is something that I am so passionate about, so when I do speed up I will look to the Speaker to say, “slow down”.
I wanted to start off this speech by stating the importance of making sure we add coercive control to the Criminal Code here in Canada. I want to read a story from the CBC on December 7, 2021. The title of it is “Coercive control, the silent partner of domestic violence, instils fear, helplessness in victims”. I will give a bit of background on it.
It is a story about a young woman who was in a relationship that she was trying to leave. Her friends and family knew she was trying to leave this relationship desperately, but unfortunately so did her partner, and with that the partner decided that he would take her life in order to deal with some of these issues.
I want to read from this story, because it is rather graphic:
In the last few weeks before a murder devastated people in her Halifax social circle, Ardath Whynacht began to worry.
“I had a sick feeling in my stomach,” she said.
Whynacht was concerned about two people she knew socially: a high school friend, Nicholas Butcher, and the woman he was dating, Kristin Johnston.
Butcher's friends knew that he was struggling to find work, in debt and depressed. People in their circle knew the two were having problems in their relationship.
Whynacht says she later learned in court that others among her friends knew Butcher was accessing Johnston's private messages. He also followed her movements ... [called] "stalking" behaviour.
Unfortunately these stories do not go away. I have had the honour of sitting on the status of women committee since 2015, with a small break when I went to PROC, but over and over we have talked about violence against women, and we know that violence against women is not just physical, that there is such an emotional piece to it. Coercive control is exactly what we are talking about today.
I want to read to members a second piece, and it is titled, “'A life sentence': No escape from abusive relationships when navigating family court system, say victims”. It states, “Victims, experts say courts often fail to recognize and protect people from non-physical forms of abuse”. This entire story talks about the torture, and I am going to use the pseudonym used here, of Sarah:
Sarah says her ex-husband's abusive behaviour slowly escalated after their family court decision in 2022. For instance, she says he began dropping off their kids with her later than the court order stated.
“What I've found is now that we no longer are living together as a family, I can't actually protect them,” she says.
Then, she says, the stalking and harassment began.
When she went to the police, she felt she wasn't taken seriously. Sarah says she was denied a peace bond because her ex-husband hasn't physically assaulted her or her kids recently.
This, to me, is the tragedy of what we are seeing in the justice system, and not just necessarily in the justice system, but in our society. What we are seeing is women being controlled, beaten and violated by men in the majority of these cases. I am not saying that coercive control cannot be reversed and cannot be applied to men as the victims, but we know the majority of these cases are women. What are we going to do about it?
In this House, Bill C-233 was passed unanimously, and I am so proud of the incredible work that we did as a Parliament to ensure that there are judges trained, when it comes to domestic violence issues, because we have to understand that domestic violence is not just physical violence. Of the cases, 30% may show physically, but the majority of these cases that we are seeing when it comes to domestic violence are coercive control.
What does that mean? I think that is what we have to get down to, and this is exactly what the member who has put forward the bill, whom I would like to thank for putting forward the bill, and I want to talk about: what coercive control is and why we as parliamentarians need to take it seriously for the safety of our women and girls.
The definition presented in Bill C-332 indicates:
(a) it causes the person to fear, on reasonable grounds, on more than one occasion, that violence will be used against them; (b) it causes the person's physical or mental health to decline; or (c) it causes the person alarm or distress that has a substantial adverse effect on their day-to-day activities, including (i) limits on their ability to safeguard their well-being or that of their children, (ii) changes in or restrictions on their social activities or their communication with others, (iii) absences from work or from education or training programs or changes in their routines or status in relation to their employment or education, and [finally] (iv) changes of address.
This was all put forward by Evan Stark, an American forensic social worker, back in 2007. That is why I am really proud to see this definition in Bill C-332. It so important that we have this discussion.
In my role as the chair of the status of women committee, I can speak for every member of that committee on the strength and vulnerability of so many of the victims who have come to speak to our committee, knowing that when they go to the police, if they do not have a bruise, it is not going to be taken into consideration. Coercive control is not in the Criminal Code. Things like harassment are, but coercive control, that idea of controlling another individual, is not.
We have to take it into consideration. Let us look at the first case that I talked about. The young man was reading all of her emails and intercepting those types of messages. The prying into that relationship: That is control. It takes me back to a phone call that I had just last week from a teacher, who was very concerned. A young woman, an EA, had come to the school very fearful for her life. She had never had physical abuse. She had never been violated or anything like that. However, the fear of coercive control was there, because she was being controlled. What ended up happening to this young woman is that she did not go to work, flag number one.
This is important: Putting coercive control into our Criminal Code will give the opportunity for our police to understand what coercive control is. Thus, when they are investigating or going to a scene of a dispute, they can understand and know what they are looking for.
Right now, with its absence from the Criminal Code, how are police officers supposed to recognize it? Does it look like harassment? Are they being stalked? There are various different things.
The one thing we know about coercive control is that it does not just happen once. In physical abuse, someone can actually show and date the abuse, and all those things. They can go to the hospital, report it, show the bruises and provide evidence to the police or the doctors. With coercive control, that option is not there. How do they go and show somebody what another person said or that the person has read all their emails?
There is one thing that I found really disturbing from doing the research that we have done in the last number of years on this. That is the number of women who are not believed. This is really concerning to me. We have to understand that many women are isolated in their homes. We saw that through COVID-19. In March 2020, we saw an absolute increase. By May 2020, I believe, the government was saying that we need to help out shelters more. That is something we all agreed on. We know that, when women cannot leave a place where they are being victimized, they are not safe. That is exactly what happened with COVID.
Coercive control is one of those things that we must talk about. It is not just about the physical. It is about looking at the whole person.
I want to read a part that was received from the federal ombudsman for victims. It is very important that I read this, because when women are talking about coercive control, when we are talking about it, it is cumulative. It is not just one incident. It is something that could have happened yesterday and continues each and every day.
One of the stories I read was talking about a women who watched her husband driving up the laneway every day. She needed to see his facial reaction, because she needed to know how he was entering that house. Was he happy that day? Was he angry? Those are things that women who are victims of coercive control are thinking about all the time. They are always tiptoeing on glass. The fact is that they are worried about their safety. That is what we see with coercive control.
There is that threat down the road. Today they may not hit them, but they do not know what is going to happen later. We know from the Canadian Femicide Observatory that one woman is being killed here in Canada every other day. What is that telling us? We have to change our laws, and we have to take a better look at this.
The federal ombudsman for victims of crime has asked for this to be looked at thoroughly, recognizing that it is a pattern. It is not just a one-time incident.
Therefore, I ask the justice minister and his department, and everybody, to work together to ensure that we save women's lives.
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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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Madam Speaker, I am rising today to add my voice to the second reading debate on Bill C-332, an act to amend the Criminal Code on controlling or coercive conduct. This bill seeks to strengthen Canada's legislative framework and address intimate partner violence by proposing reforms that would protect victims of coercive and controlling behaviour in intimate relationships.
A lot of people may ask what coercive control is. Coercive control is a form of intimate partner violence. It involves ongoing conduct that serves to subjugate victims and deprive them of their autonomy. We talk about life, liberty and freedom of the person; we have to put this in the context of what gender-based violence is.
I hear from constituents, who often call me in confidence to ask if something is coercive, controlling behaviour. Is it right for an intimate partner to control the finances, down to the last penny, of another person? Is it right for them to control access to their intimate partner, the person they are living with or are close to, and whom they engage with, hang out with, or go and get a coffee with?
We are tackling the broader issue and epidemic, as many of my colleagues have outlined, of gender-based violence, of women being killed, and of femicide occurring across the country, from coast to coast to coast in all communities. As we do this, how do we make sure that we are being more proactive? How do we proactively try to put an end to that violence and that murder? We need to make sure that Canadians, in their homes and across our communities, are able to thrive and really get to their full potential as they go about their lives with that freedom and autonomy.
I was the chair of the justice committee when we did this study on coercive, controlling behaviour. We heard stories, from coast to coast to coast, of people who have suffered the escalation of that violence, the escalation of that coercive control and the inability to control, leading to violence.
I think this bill has really good intentions. We listened to experts and their testimony within the justice committee and came to those recommendations. Those were very important pieces of evidence that informed the spirit of this bill. It is about saving lives. It is about preventing, in a proactive way, intimate partner violence as it occurs across our country.
We have seen so many tragic incidents, and we have lots of resources across the country to try to protect and save women from intimate partner violence. For example, in my community, we have the Safe Centre of Peel, which is a phenomenal project that brings community leaders and community organizations together to provide a wraparound service for those who are fleeing violence within my community. It is at its brink.
We cannot continue to fund these programs without also looking to see how we can proactively prevent these incidents from happening in the first place. We want to make sure that, when a woman tries to flee violence, she has the support system she needs in order to do so. We find that fleeing violence is often the most dangerous part for a woman who is trying to seek refuge, who is trying to find safety and autonomy.
I want to give a shout-out to our local chief of police, Chief Nish, who has been a phenomenal advocate for women within the region of Peel, ensuring that we provide safety and security for them.
We are talking about how to prevent it from happening in the first place. Yes, this legislation is very important. Yes, coercive and controlling behaviour precedes what often becomes violent behaviour and often puts women's and children's lives in danger. As we talk about awareness and making sure we bring our male allies into this conversation, I believe that the spirit of this bill is a step in the right direction. It would help in educating people and ensuring there is legal and criminal recourse for those who are seeking protection. Our legal system should be able to protect them.
There are a number of concerns that I, along with a number of my constituents and people across the country, have raised. One is what coercive or controlling behaviour is. Are people going to say that someone looked at them in a bad way and now they feel they need to modify their behaviour? Is that coercive or controlling behaviour? That is something we need to explore a little more to define those terms. How do we, in a court of law, prove that coercive or controlling behaviour has occurred? Those are things that need to be explored further in this bill.
When we try to ensure the safety of people in our constituencies, we try to do it through a gendered lens that makes sure we take into account the totality of the context of a person's lived experience. As members in the House have said before, we have to ensure that new immigrants coming to Canada have the awareness and ability to be able to protect themselves. Members can imagine a new family coming to Canada, the woman having previously been bound to her home to take care of young kids, not having financial freedom and now having to deal with the frustrations and tensions of moving to a new country and what could be coercive or controlling behaviour.
With bills like this, it is also important for us to provide the supports for the victims alongside the legislation. When we talk about making sure that coercive or controlling behaviour is included in the Criminal Code, we have to make sure we are providing supports to those seeking refuge from that as well. We have to make sure that institutions such as the Safe Centre of Peel are scaled up and located across the country for all who need the support so they can seek refuge and support, not just for themselves but also for their children.
We also want to make sure that this bill is balanced. I am sure there are tensions in every relationship. I am sure everyone has outbursts and exchanges of words, and that is why it is so important to define what coercive and controlling behaviour is in that context and with the evidentiary burden to prove it in court will be. I do not want people to think that raising one's voice or having a heated, open and honest discussion with one's partner is criminal. Those are normal things. However, at what point do we have to push that before it becomes abusive, violent or life-threatening. The issue of gender-based violence is significant in our country. It is a hidden pandemic.
We need to make sure that we prevent this from happening. This bill is an excellent first step toward getting there. I am looking forward to it going to committee to explore it and make sure we are doing the right thing and finding the right balance of separating it out and making sure that, while we live healthy lives together, we are also preventing violence from occurring. I am looking forward to following this very closely, as I did in the justice committee with this report and it recommendations, and to this bill passing in the House, with the concerns I have raised.
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Madam Speaker, everyone in the House should feel the urgency and the necessity of tackling intimate partner violence and gender-based violence. As has been said, every six days in Canada, a woman is killed from intimate partner violence. This fact is not new, yet the Liberals, and the Conservatives before them, have not addressed it adequately. New Democrats refuse to stand idly by while countless individuals, primarily women and girls, face physical and psychological trauma and fear for their lives on a daily basis.
Intimate partner violence and gender-based violence are not just private matters; they are systemic issues rooted deeply in ingrained inequalities and power imbalances in Canada. It is women, especially those from marginalized communities, who experience the worst of this violence.
We also know that individuals with disabilities are disproportionately impacted by this kind of violence. People with disabilities experience higher levels of intimate partner violence, and they face unique barriers to accessing support and escaping abusive situations. As the NDP critic for disability and inclusion, too many times I hear from residents who say that there is not enough research done on this, that there is not enough data on this and that there is not enough investment from the government in understanding the impact of domestic violence on persons with disabilities. Therefore, I encourage the government to invest in more research on violence against persons with disabilities, all genders.
I also want to note that indigenous women face higher levels of violence and that the current government has failed to meaningfully tackle the horrific levels of violence experienced by indigenous women, girls and 2 people. The Liberal government could immediately address some of that violence by investing in housing.
In 2019, the Downtown Eastside Women's Centre presented a report called “Red Women Rising” at the Metro Vancouver indigenous relations committee. The presenter said that no woman should be homeless on her own land. That really stuck with me, and I hope the Liberals will make the investments needed to ensure that every single indigenous woman and every single indigenous person has a home to call their own.
We cannot achieve an equitable and just society until we address the underlying structures that enable and perpetuate this kind of violence. As a New Democrat, I am committed to dismantling these systems of oppression and creating a society where everyone lives free from violence. All New Democrats are committed to that. A society where everyone has a home and has access to full and universal health care and pharmacare is also something the current Liberal government needs to move on immediately.
I want to acknowledge the work of survivors, frontline organizations and advocates who helped to make Bill C-332 a possibility. I also want to thank my colleagues: the MP for Victoria, for bringing this important piece of legislation forward; and the MP for Esquimalt—Saanich—Sooke, for his work on criminalizing coercive and controlling behaviour. We would not be here without the commitment of those people.
Coercive and controlling behaviour is a form of abuse that so many people, especially women, have experienced and that many are experiencing today, living in fear in their own homes. It is a form of domestic violence that, rather than a single instance, is a repeated pattern of behaviour by the perpetrator. This pattern often includes physical violence and sexual violence, but in many instances, it starts with other types of abuse, like humiliation, threats and attempts to take away the person's support systems and independence. Often, that means limiting transportation options, like taking car keys or intentionally damaging vehicles, and also controlling their access to communication, like taking or breaking cellphones. It also often involves limiting access to bank accounts, passports and immigration documents.
We know that 95% of people who report physical abuse also report coercive control; they correlate. We need women and girls to know what these abusive red flags are and to know what this kind of abusive behaviour is and that it is unacceptable. It has terrible impacts on the person's mental health. It often means they live in fear of violence all the time. Too frequently, it ends in tragedy.
These stories are all too common. Coercive control is not only a serious issue on its own but also so often it is precursor to physical violence. This is an opportunity to stop physical harm before it happens.
I want to take a moment here to recognize an organization called BOLT Safety Society, a youth-funded, not-for-profit, building safer and equitable communities. I have known the women in this organization for many years. I am happy to say that my office in Port Moody—Coquitlam is called a safe hub. It is a place where women and gender-diverse residents can come and get information about support groups in our community and also to get a wellness kit, if they need it.
I want to thank BOLT Safety for their work, and I want to thank them for raising the issue with young women and diverse genders of what coercive and controlling behaviour looks like. Coercive control is one of the most common risk factors for femicide, even in cases where there were no instances of physical violence before the murder.
Passing this legislation gives victims and police the tools they need to prevent some of the most tragic examples of intimate partner violence. It is time we said, “enough is enough”. Years ago, the justice committee recommended criminalizing coercive and controlling behaviour in Canada, but the Liberal government, despite its claims to be feminist, has not acted. It continues to delay and disappoint.
All parties should listen to survivors, listen to frontline organizations, make sure we support those who experience this kind of abuse and give victims the tools they need to leave the situation.
I am urging every member in the House to take immediate action to protect women and victims of intimate partner violence, and to support this important bill. This is one important step in tackling gender-based violence and working to eradicate intimate partner violence from our communities forever.
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- Feb/7/24 7:47:35 p.m.
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Madam Speaker, we must tackle gender-based violence and intimate partner violence. I want to thank all of my colleagues who have spoken today and in the past on this bill. Many of us have shared stories of friends and family members who have experienced abuse, as well as constituents we have heard from. This is so common and so pervasive, and so many of us, too many people, have witnessed our loved ones in these situations or experienced it first-hand.
Almost always, this physical violence takes place after repeated patterns of coercive and controlling behaviour, as 95% of victims of intimate partner violence report coercive control. It is one of the most common precursors to physical violence. It is also one of the biggest risk factors for femicide, even when there has been no physical violence.
If we give women ways to speak out and get support early, we can take a meaningful step in ending femicide with this bill.
I had the recent opportunity to meet with Angie's Angels. This is a group including the family members of Angie Sweeney, who is a victim of a murder-suicide that took place in the fall in Sault Ste. Marie. She was a victim of coercive and controlling behaviour, and her death is a failure of this government to tackle intimate partner violence and to protect women.
Angie's story is not unique. I recently spoke to a father who lost his daughter to intimate partner violence, and he said to me that his daughter would still be alive if a bill like this had passed.
Survivors have shared their stories with me, saying that this bill would have been life-changing if it had been in place when they were in the situation of coercive control. One of those survivors is my sister, and I want to express my heartfelt gratitude for her courage in allowing me to share her story. I have been blown away by the courage of survivors. Passing this bill would change lives and save lives.
It has been over two years since the justice committee studied this topic and recommended that the government make these changes, but we have seen no action. This is urgently needed. Every six days, a woman is killed by an intimate partner. We cannot wait, so I ask my colleagues to move this bill swiftly through the House to ensure it passes. We have heard from every party that they support this important change, so I am asking that we not have a recorded vote and that it be sent to the justice committee without delay.
Let us come together today and not falter in our duty to protect victims from the insidious grip of coercive control. Let us ensure that we pass this bill and affirm our commitment to ending gender-based violence and preventing femicide, and to justice, dignity and the sanctity of every individual.
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