44th Parl. 1st Sess.
February 26, 2024 11:00AM
She said: Mr. Speaker, people watching at home may think that these are just so many amendments. That is the essence of what I am going to talk about today.
I must also always thank the people from Peterborough—Kawartha, my riding. It is always an honour to stand here and speak on something so critical that affects Canadians and families across this country.
We are speaking today about domestic violence in particular. This is a bill, Bill S-205, that was put forward by Senator Boisvenu. I will be talking a lot about him in this speech today because it is a very personal story of what he did to put forward this bill. We had the chance to study this bill in my committee, the Standing Committee on the Status of Women, also known as FEWO.
Before we go into this and the amendments that we have put forward to this bill, I want to provide some stats for people watching at home, many of whom are living these stats.
Domestic violence in this country is an epidemic, and 94 Ontario municipalities have declared intimate partner violence an epidemic. In Ontario, 30 women were killed in a 30-week window between 2022 and 2023. Compared to 2014, intimate partner sexual assault was 163% higher. There has been an increase of 72% in domestic violence in this country.
I think, right now, people really have on their minds, especially my Albertan colleagues, a tragic story that happened just weeks ago in front of a elementary school. The headline reads, “Man who killed his estranged wife outside Calgary school was facing domestic violence charges”.
The man who killed his estranged wife outside of a Calgary elementary school was facing criminal charges for domestic violence and was charged with twice violating a no-contact order. This woman was murdered in front of an elementary school. Her three children no longer have either parent. This bill that we are talking about today, Bill S-205, could have prevented that tragedy. Let us break it down, and let us talk about why these amendments are critical and why I am asking every member in this House to support these amendments and to strengthen the bill that was originally created.
The senator who put forward this bill, Senator Boisvenu, is an incredible human. His daughter was murdered in 2002. She was 27 years old. She was randomly kidnapped and killed, because she was in the wrong place at the wrong time, by a repeat violent offender.
The senator said, “Changing the system takes a lot of energy. But I had no right to miss the mission that Julie had given me....
One day I will return to Julie, it will be her, my judge. And I'm sure she'll tell me that we've done great things together, the two of us.”
I think it is very important that members in the House, people at home and constituents recognize that the intention behind this bill comes from a very personal place of the lived experience of a man who lost his daughter to domestic violence. He did his due diligence. He spoke with stakeholders and did all the legal correspondence that was necessary to ensure this bill was done properly. When it went to the status of women committee, FEWO, it was watered down beyond belief. The whole purpose of the bill was removed by the amendments put forward by the Liberals and the NDP.
Today, we are asking them to reconsider what they are doing to this watered-down bill and to approve the amendments we have put forward, to leave the bill as it was and to put victims first. I want to give us some victim testimony from the committee that verifies what we are saying here today. This is from Ms. Diane Tremblay. She testified at FEWO on November 20, 2023, about Bill S-205 and said:
If my abuser had been required to wear an electronic bracelet under a recognizance order pursuant to section 810 of the Criminal Code, as proposed in Senator Boisvenu's bill, my children and I would have been safer and I wouldn't have had to go through these attempted murders. Believe me, you don't emerge unhurt from an attempted murder. You suffer the after-effects for life.
I am asking the House of Commons, the Prime Minister of Canada, the Minister of Justice, the judges, all the provinces of Canada and the members to pass and enforce this new bill. It should be adopted immediately, without any amendments.
This is victim testimony.
It's very urgent. To conclude, I'd like to add that we have a right to live peacefully and safely under the law in our country.
For those watching at home and looking at these amendments, I will say that the Liberals removed the clause asking for the electronic bracelet to be worn by the attacker. That is the whole weight of the bill, the whole point of it. During the period of time between when a victim is strong enough and courageous enough to even report it, which is another issue, they are in a very dangerous position to be attacked or killed by their attacker, as are their children.
I think it is also really important for people at home to recognize something if we really want to think of the big picture and help prevent domestic violence. How many of those attackers grew up in a home where they witnessed domestic violence as children? We have to break the cycle. The impacts on children witnessing domestic violence are profound.
I want to go on to another victim's testimony. It is by Martine Jeanson, president, founder and frontline worker of La Maison des Guerrières. She testified November 23, 2023, giving powerful testimony in the status of women committee. She said:
Over the past 20 years, I've worked with hundreds of women who needed help. There is no way to hide them. Men can track them down at their place of work or through their family. They can follow children to school or to their friends' homes. The man will never stop stalking them, following them, harassing them and harming them. Until an electronic bracelet is required, women and their children will never be protected. Electronic bracelets may not be perfect, but that's all we have for the time being. We have no protection. That's why we are asking you, on behalf of all women, to pass the bill [unamended].
This is victim testimony.
I will reiterate this over and over again: We were elected to the House to elevate the voices of the people outside the House; we were not elected to push our own agenda and our own ideology. We were elected to make life better and safer, and right now, this country is not safe. There are serial killers who are eligible for day parole, retraumatizing their victims. There are children and mothers, people from all socio-economic classes, who are afraid to go to school. The men, the attackers, will find them wherever they are; they are stalkers. They control them and their lives, and they ruin children's lives. They ruin the lives of all the people around them.
The bill before us should be the most simple bill. We have an opportunity in the House to fix it. In committee, one of the members on the Liberals' side said they are just trying to keep it in line with how the current justice system works. The current justice system is broken, full stop. All we have to do is listen to the stats and read the paper. A CTV reporter tweeted this past weekend that she had someone criminally charged for harassing her. She was told to contact the police the minute he contacted her again. He is supposed to be in jail, but he is out. That is the danger, and that is why the bill and the amendments were put forward.
The bill would amend the Criminal Code with respect to bail pending trial and with respect to peace bonds, to provide that a judge, and in some cases a peace officer, may impose, as a condition of release, an electronic bracelet on an accused who is released pending trial or on a defendant who has entered into a section 810 peace bond. Electronic monitoring creates a security perimeter between the two intimate partners. The victim can carry a transmitter with them at all times, allowing them to maintain the safety perimeter even if they are away from home, giving the power to the victim.
I am asking every member of the House to please vote in support of the amendments. Let us strengthen our justice system and protect victims from domestic violence.
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Mr. Speaker, I listened closely to what the member said, and I think it goes without saying that every member of the House of Commons, of every political stripe, recognizes the gravity and importance of the issue.
With respect to domestic violence, I like to think we have seen significant investments, both from budgetary measures of investments into shelters and transitional homes and through government and private member legislation. I would remind the member about Bill C-233, introduced by the member for Dorval—Lachine—LaSalle, which recognizes the importance of electronic monitoring and which looks at specific cases dealing with domestic violence.
These types of issues are very touching. Just a week or so ago a great tragedy took place in Manitoba, where a man killed his entire family: his wife and three children. Our hearts and prayers go out to the family, friends and members of the community.
Recently, the Prime Minister made an announcement on health care with the premier. The premier, as the Prime Minister has done, emphasized the importance of getting to some of the root causes. Let us find out what is taking place and what we can do. I think that as legislators, whether at the provincial or national level, we all have a role to play, as the member pointed out. In the past we have seen a great deal of co-operation among members that crosses party lines. In particular I would cite the private member's bill of the former Conservative leader Rona Ambrose that was an attempt to provide education through our judicial system. The support for the legislation crossed party lines, and the bill passed virtually unanimously. There was a bit of a hiccup because of a Senate issue, so the government ultimately had to bring it forward in order for it to pass.
I say that because, at the very beginning of her comments, the member pointed out that Bill S-205 received quite a few amendments. She is right. Although I was not at the committee, but I believe she was, that shows me that there was likely a great deal of dialogue with respect to the different amendments, and I suspect a number of them passed. I have had the opportunity to look at a couple of them, and I believe that the legislation was enhanced by the passing of some of the amendments. When we look at the work the committee has done and how we continue to advance the issue, we see that there is a great deal of merit in voting for the legislation.
The member spent a lot of her time talking about electronic monitoring. I first looked into electronic monitoring in, I guess, the nineties. I argued then, when I was the justice critic in the province of Manitoba, how that technology could enable us to improve the quality of our judicial system. I believe that today it is a very effective tool that could in fact make a difference in a very real and tangible way. However, I think we have to be careful about electronic monitoring or ankle bracelets. Often they are of great value, but they are not necessarily the answer in all situations. They do not necessarily prevent a crime from happening, but I acknowledge that they can be an effective tool, if not directly then indirectly, in preventing crimes from happening.
That is one of the reasons why, when it came time for us to talk about Bill C-233, there was support for the legislation from all political parties. I believe that legislators at that time recognized the true value of bringing in that sort of technology and encouraging our courts and the judicial system to better utilize, in certain situations, ankle bracelets. I saw that as a very strong positive.
I am not too sure exactly why the member feels the legislation before us would be stronger than what Bill C-233 has actually done. Maybe members who follow her would be able to provide further explanation as to how Bill C-233 would be complemented by what the Conservatives are currently talking about.
When we look at the seriousness of the issue, it is important for us to highlight that victims of sexual assault are to be treated with dignity and respect throughout the entire process. It is one of the reasons we brought forward government legislation in the past to support victims. I can recall debates on the floor of the House about public disclosure and ensuring that we protect the identity of the victims. At the same time, what we found was that there was a bit of a catch in the sense that there were a number of victims who wanted to be able to share their stories in certain situations, and how the law made that complicated. The government brought in the legislation to enable victims to share their stories in certain situations.
There is an educational component that is very real. The member made reference to breaking the chain. At the end of the day, the federal government needs to demonstrate leadership through actions, and we have done that with legislative changes as well as budgetary measures. We also need provinces, and even school divisions, to look at how they could contribute to the debate.
I have always thought that in certain areas of public policy, there is great value in incorporating things into our educational system through our public curriculum. I think the potential of dealing with this specific issue is underestimated, whether through family, course-based curricula or looking at different ways that education could be elevated to a higher priority to deal with this very serious issue. It is important.
From a provincial perspective, we need to look at resources and to ensure that we have proper supports in place. Far too often, victims are put in a situation, out of fear, that may lead to a peace bond's not being issued, and legislation has enabled family members or others to be able to look at getting a peace bond issued.
These are types of issues that the Crown and others have to deal with on a daily basis. We can look at how advocacy groups could further enhance the safety of women in their homes. This is critically important. I look forward to the ongoing debate. Suffice it to say, all of us are concerned about intimate partner violence. We have to ensure that the victims of sexual assault are treated with respect and dignity.
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Mr. Speaker, it is an honour to rise today in support of this bill, Bill S-205, which was first introduced by Senator Boisvenu in 2021. First, I want to acknowledge his hard work and effort in putting this bill forward, as well as his courage in sharing his story about how gender-based violence impacted his own family. With that in mind, I think it was critical for him to ensure this bill passed through the House.
In general, this bill sets out to protect survivors of intimate partner violence through various amendments to the Criminal Code. These include ensuring judges consult the accused's intimate partner about their safety and security needs; allowing judges to consider the use of an electronic monitor for interim release; and establishing a new type of recognizance order, or peace bond, for survivors of intimate partner violence. If granted, the peace bond would allow the judge to impose conditions that could include electronic monitoring and a treatment or domestic violence counselling program.
Given that this bill is of great importance, especially because we know that rates of gender-based violence have increased since the pandemic, I can affirm the committee worked very hard to ensure that this bill was reviewed promptly so it could be passed into law. I am very excited to be here for the debate today and to keep this bill moving along. The committee also worked to make necessary amendments to address concerns expressed by the study's witnesses.
While discussing the bill, it is important to emphasize that intimate partner violence is a national crisis. We certainly know, as I indicated, that rates of violence within the home have increased since the pandemic. We also see a connection between intimate partner violence and the mental health crisis we are currently witnessing in Canada.
In fact, every six days, a woman in Canada is killed by her intimate partner. Given the severity of intimate partner violence, some Canadian cities, including Ottawa, Toronto and Kitchener, have gone so far as to declare it an epidemic. Therefore, we know that we need to address this crisis of violence. It is critical to put in place laws to ensure the safety of those who are experiencing violence.
Rates of intimate partner violence have been on the rise in recent years, especially, as I said, since the COVID-19 pandemic. Between 2014 and 2022, intimate partner violence rates increased by an alarming 20%. Intimate partner violence overwhelmingly impacts women, particularly young women. Forty-four per cent of women, or 6.2 million women aged 15 and older, have reported some kind of abuse in their intimate partner relationship. We often think about intimate partner violence in terms of those who are cohabiting, but even when we look at the impact on youth, the rates of intimate partner violence are alarming.
Women are similarly overrepresented in intimate partner homicides, which make up nearly one-fifth of all solved homicides in Canada. We also know that intimate partner violence disproportionately impacts low-income and indigenous women, as well as women who are visible minorities, disabled or 2SLGBTQ+. Particularly, there has been a rise of anti-trans hate happening in the country. We saw the Leader of the Opposition, the member for Carleton, fuelling the fires of anti-trans rhetoric last week when talking about safe places that will now exclude trans women.
We need to be vigilant in all areas of society to protect women. We know that the consequences of intimate partner violence are also very costly. The Department of Justice, for example, estimated the cost of intimate partner violence to be roughly $7.4 billion. It not only costs dignity and safety, it also costs us financially by turning a blind eye to the crisis of intimate partner violence.
One of the biggest concerns I had with this bill was the impact it might have on indigenous peoples. We know that the Liberal government throwing out the amendments to Bill C-318, as we heard this morning, is certainly not committed, but in the last Parliament, we did pass Bill C-15, which includes clause 5. It states, “The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.”
Today, for example, it could have taken all the measures necessary to pass Bill C-13 and provide royal assent with the amendments to make sure it was consistent with the United Declaration on the Rights of Indigenous Peoples. It did not, but we know the Liberal government is not a champion of indigenous rights in this country as it continues to willfully violate our rights.
When we were amending Bill S-205, one of the concerns I had was related to indigenous peoples due to the ongoing legacy of colonial-state policies and laws. Indigenous people, as a result, are overrepresented in Canada's criminal justice system. We must make sure that our criminal justice system is consistent with Bill C-15, which affirms all legislation going forward. I know that this is a Senate bill, but, just as a matter of principle, it should be consistent with the United Declaration on the Rights of Indigenous Peoples.
In 2018, indigenous adults made up 30% of admissions to provincial and territorial custody and 29% of admissions to federal custody, while representing 4% of the population. Indigenous women made up an even greater share of those admitted into custody, at 42%. I moved an amendment in committee to add cases involving indigenous people to enable judges to consider alternative, culturally appropriate indigenous support services rather than imprisonment. This type of amendment is not only morally necessary, it is legally necessary as well. Again, Bill C-15 requires all Canadian government legislation to be consistent with the United Declaration on the Rights of Indigenous Peoples, which includes requirements to prevent discrimination against indigenous people and respect the integrity of indigenous cultures and traditions.
The Gladue principles in Canadian law compel judges to recognize the unique experiences of indigenous peoples, including prevent discrimination against indigenous people and respect the integrity of indigenous cultures and traditions. Given these considerations, judges must consider alternatives to prisons while sentencing, such as, for example, alternative restorative justice.
I would like to thank everybody and congratulate Senator Boisvenu. I am looking forward to seeing this bill move quickly through the House. I would also like to thank the committee for the hard discussions we had getting this bill through committee.
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