44th Parl. 1st Sess.
February 26, 2024 11:00AM
Mr. Speaker, the Bloc Québécois’s position has not changed since the bill was introduced. Obviously, we are in favour of it, since it is consistent with initiatives aimed at strengthening the justice and police systems in their fight against all forms of violence, including repeat violence. Our thoughts go out to victims of domestic violence, women who are victims of domestic violence. Gender-based violence is a scourge on our society. Obviously, we need to do more to prevent it.
I would like to begin by commending the sponsor of this bill, Senator Pierre-Hugues Boisvenu. We are all familiar with his story. His daughter was murdered by a sexual predator in 2002. Following that event, he chose to dedicate his life to protecting crime victims and strengthening the rights of all victims of violence, and especially women, who make up the majority of victims. It is in a way his legacy to our institution.
I hope that, with the contribution of all members of Parliament, this legislative measure will take effect very soon. I sincerely believe that it will help many people become more involved in the entire judicial process, which can be extremely trying for obvious reasons. Despite our differences of opinion on various topics, the senator and I agree on this one.
Protecting crime victims’ rights is a priority for the Bloc Québécois. I am very pleased to speak today on this extremely important subject.
In Quebec and Canada, criminal and penal law must punish crime and ensure public safety. With the rise in the number of femicides and cases of domestic violence, it is important that we reinforce our mechanisms for protecting crime victims, as well as their children and other loved ones. This requires an amendment to the Criminal Code.
Bill S-205 is a firm step in that direction. It essentially seeks to get victims more involved in the judicial process by, for example, forcing the judge to consult them before issuing a release order with conditions.
The conditions that justify detaining an accused awaiting trial are set out in the Criminal Code. Let us take a closer look at what subsection 515(10) has to say:
For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:
(a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;
(b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
(c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including
(i) the apparent strength of the prosecution’s case,
(ii) the gravity of the offence,
(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and
(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.
Consequently, the decision to detain someone awaiting trial depends on multiple factors specific to each situation. When the public interest justifies keeping the accused in detention, it must be recognized that they are being deprived of their basic rights, including the presumption of innocence, and the right to life, liberty and security.
Allowing more victim involvement in the legal process that concerns them is a praiseworthy step that we can support without reservation. Victims do not have to fight every day for justice to be served. The bill helps lower the barriers victims potentially face that could dissuade them from pursuing the courageous process of filing a complaint against their attacker.
The Bloc Québécois has always strived to defend victims of crime. As I stated earlier, our thoughts are with women and victims of domestic violence. Every victim is one too many.
Quebec is a world leader in protecting the victims of domestic and family violence.
Quebec's public safety department has launched an electronic monitoring device project province-wide. It is used to prevent femicides and to protect the victims of domestic violence or sexual exploitation.
According to an article in Le Devoir, “this protective measure was offered for the first time in the Quebec City area in 2022. It was then deployed [across Quebec].” The Gaspésie—Îles-de-la-Madeleine and northern Quebec regions have had this service since last September. Simply put, it prevents offenders from approaching their victim.
The article goes on to say, “the system consists of two interconnected GPS tracking devices, a bracelet permanently affixed to the ankle of the accused...and a mobile application installed on a smartphone held by the person to be protected. If the offender enters defined restricted areas around the victim, a notification is sent to a monitoring centre, which can then view the location of each of the two parties on a screen. An agent will ask the wearer of the bracelet to move away. If they refuse or continue to approach, the agent will request police intervention. Sometimes, the police are deployed immediately, without waiting for the offender's reaction”.
In the article, Isabelle Mailloux, director general of security at Quebec's correctional services, said that the idea behind this measure is to give victims some peace of mind and ensure their safety.
She also said, and I quote, “The bracelet may be imposed on offenders who are serving their sentence in the community, who are released pending trial, who are released on parole, or who have to meet certain conditions upon their release from prison. In all cases, the victim must consent before the order for the bracelet to be worn is issued”.
Isabelle Mailloux also pointed out that Quebec was a trailblazer when it implemented this protection system, and that it remains to this day the only Canadian province to use it.
She also explained the following to Le Devoir: “Whenever I hear from a victim who tells me that she has regained some peace of mind, that she has started sleeping again at night, that, to me, is the best indicator of success”. She said that it can have a deterrent effect on offenders when they realize that they really are being monitored and authorities will actually call them.
As reported in the article later on, she hopes that, if the program becomes well known, more women will be tempted to take part in it if they ever need to.
Personally, I hope that the rest of Canada will follow Quebec's example. I think it is time to come full circle and make inmates released from prison subject to the same restrictions across the country. Measures like those proposed in Bill S‑205 could have a very positive impact on the safety of our communities.
These legislative changes are obviously an added value for victims. The justice system needs to be more effective and more transparent. We must also make the judicial process easier for victims, their families and their loved ones when the fateful decision is made to release the offender.
The bill could help build the public's trust in the justice system so that victims do not hesitate to report the crimes against them. We know that is far too often the case. The statistics are troubling and show how important it is to have the right legislative measures. Between 2009 and 2019, we saw a 7.5% rise in femicide and domestic violence. That number peaked in 2021: As many as 18,571 female victims were reported in Quebec, or 1,788 more than in 2020. I think that as parliamentarians, we have a responsibility to contribute to reversing this very troubling trend.
I want to come back to the key components of the bill. I mentioned the requirement to consult the victim ahead of a release order with conditions. There is also the introduction of the concept of domestic violence, in which case a victim can apply to have the defendant enter into a recognizance to keep the peace. There is also the preponderance of the victim's version of events, which could influence the choice of conditions the defendant will be subject to under the recognizance.
The Bloc Québécois promised to help improve this bill. That is what we did in committee. We agreed with most of the amendments that were made to this bill, which mainly sought to strengthen it and provide more support for victims. There is just one thing that we did not support, and that was the amendment to decrease the maximum time for good behaviour from two years to 12 months. As we saw in the news recently, abusive partners can act out years later. It is therefore important to be vigilant when it comes to those with a violent past. As for the rest, we will continue to support this bill, which I think will help keep our communities safe.
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