Hon. Hassan Yussuff: Honourable senators, I rise to speak in support of Bill S-205. We all want a world without domestic violence, where supports and systems are in place to prevent men from committing abuse and to assist women in leaving relationships easily if they feel threatened with abuse.

This will be the world we aspire to. In the meantime, we must try to deal with the imperfect world we have, a world where 4 out of 10 women have experienced some form of intimate partner violence in their lifetime; where roughly every six days a woman in Canada is killed by her intimate partner; where every night almost 6,000 women and children sleep in shelters because it’s not safe for them to sleep at home; and where thousands are not able to access shelter because space is not available.

I speak as the father of a young daughter, as a husband and as a legislator who has the power to make a difference not only in my daughter’s future but in the lives of thousands of women and girls who are experiencing domestic violence right now.

This discussion is not about whether a person supports measures to help reduce the chances of domestic violence, such as the measures proposed by Bill S-205. It does not mean that other measures to address the root problems of domestic violence cannot be developed as well. We must keep the focus on the victims of domestic violence who are living it right now, and give them every tool available to help stop or reduce the chances of continued abuse or death.

According to the 2017 Department of Justice report, gender‑based violence against women is identified worldwide as one of the most pressing social human rights challenges. The root causes of domestic violence include coercive control, defined as a pattern of controlling behaviour used to instill fear or intimidation; the underfunding of shelters and housing, or the lack of resources for prevention; and the role of police in investigating domestic violence.

The problem of domestic violence has been exacerbated during COVID. The United Nations calls the pandemic’s impact of violence against women a shadow pandemic in which the isolation and financial precarity resulting from the lockdown tether mainly at-risk, female-identifying people to abusive situations. If gender-based violence against women is one of the world’s most pressing social human rights challenges, should we not use every tool possible to combat it?

Many protections and supports are needed for victims of domestic violence. Domestic violence can carry over into the workplace, threatening women’s ability to maintain economic independence. During my time at the Canadian Labour Congress, I was part of a campaign to create paid leave for the domestically abused, culminating in the federal legislation in 2017 that provided 10 days off, 5 paid, per year for victims of domestic violence. I have to say, today, right across this country, in every jurisdiction across Canada, including the three territories, legislation now exists to provide for paid leave for victims of domestic violence — except Alberta, which is the only place where they are yet to get paid leave. We’re continuing to work on that.

As part of the campaign, the Canadian Labour Congress partnered with researchers at the University of Western Ontario and conducted the first ever Canadian survey on domestic violence and the workplace. Some 8,429 workers were asked if they experienced domestic violence. One third said yes. Of those, 82% said the violence negatively affected work performance. Almost 40% said it kept them from getting to work. For almost 10%, it meant losing their jobs. More than half said the violence continued at their workplace in the form of harassing emails, calls and texts, stalking or physical violence.

Paid domestic violence leave is one support, one tool, just like the measures in Bill S-205 are different supports for victims of domestic violence. What is Bill S-205 trying to achieve? It attempts to put the victims first. What does it not do? It will not address the root problem of domestic violence. It will not stop the initial abuse. It is not 100% effective in stopping every abuser from hurting their victim.

Bill S-205 is intended to give victims some space to make a safety plan, to reassess their relationship and their options for the future, to increase the safety and freedom of victims by reducing the levels of harassment and stalking, to make the victims more visible in the justice system by requiring them to receive more information on the release of the accused, to provide judges more ability to require the accused to get treatment and to help mitigate victims’ feelings of fear.

One woman who took part in a U.S. study on the use of electronic monitoring devices said:

I always felt he was going to come out from nowhere and cut my throat or shoot me.

Before he was put on [electronic monitoring], I went down to 96 pounds . . . . I couldn’t eat from nerves, worrying if he was just going to break into my home, (or) where he’s going to show up. He would stalk me, he would drive down (to) my home, he would show up in places—if I would go out he would show up.

Violations and presumptions of innocence apply to those accused of a crime under a peace bond. So there are some criticisms of the bill, and I want to address that, also.

Electronic monitoring neither deals directly with the most common root cause of domestic violence nor does it provide, of course, preventive solutions for women not to have to deal with domestic violence in the first place. For example, economic, racial and gender inequalities must be addressed. These play a part in violence and a person’s ability to escape it.

For the victims, the electronic monitoring system, EMS, can provide a false sense of security. It is not 100% foolproof, neither in the technology, the response time by police nor in remote areas where technology may not be effective or reliable.

I don’t necessarily disagree with any of these criticisms or concerns. We do not live in a world where we can have a perfect policy solution. This legislation isn’t perfect; none is. It is our job to provide a proper balance — a balance between the safety and security of victims and the rights of the accused.

There are a number of countries that have implemented GPS tracking devices to address domestic violence, including Australia, England, France, Portugal, Spain and the United States. I believe we need to be guided by the evidence of electronic monitoring from those countries.

There is not a lot of quantitative research on the effectiveness of electronic monitoring for accused perpetrators of domestic violence who are on bail or under a peace bond. However, there are many reliable quantitative studies that have suggested that the use of EMS is victim-centric; it improves the victim’s perception of safety and allows victims to feel better informed and better engaged in the justice system. Evidence of breaches is more easily shown by electronic-monitoring technologies. Victims may feel more supported to report breaches.

A national survey of practitioners from the U.S. provided that 75% of criminal justice professionals working with electronic-monitoring methods felt the victims were more empowered by such systems. It can restore a victim’s faith in the justice system. The same survey found that the majority of electronic-monitoring practitioners were positive about its use in domestic cases, stating that it improved the quality and efficiency of monitoring perpetrators and holding them accountable. The majority believed that electronic monitoring effectively deterred perpetrators from initiating in-person contact with the victims.

Interviews in a 2012 research study showed that, prior to the use of electronic monitoring, perpetrators were able to continue to abuse victims more or less undetected, with impunity. Once perpetrators were subjected to electronic monitoring, victims reported feelings of increased safety and freedom and reduction in the levels of harassment and stalking.

Other U.S. research notes that domestic violence cases have higher levels of dismissal than other crime types due to the unique dynamics of domestic violence abuse and pressures on the victim. Empirical research from the U.S. has shown an increased level of victims’ attendance at court and a decreased likelihood of dismissal of cases that were continued over a long period of time, as compared to the cases where the perpetrators were released on bail without electronic monitoring.

Finally, Spain, which pioneered electronic monitoring, has been mentioned already in this debate. They have used electronic monitoring there in domestic violence cases since 2009. One researcher who studied Spain’s system extensively has determined that, after a decade of growing use of EM in Spain, restraining orders appear to be more successful.

Colleagues, I want to conclude. I agree that more should be done to address the root cause of domestic violence. By putting the victim first, we should use every tool possible to tackle the problem from every single angle. Electronic monitoring should not be considered a silver bullet to prevent domestic violence. The positive impact of electronic monitoring is enhanced in this bill with complementary intervention, such as mandatory treatment strategies, but must also make sure that electronic monitoring includes rigorous surveillance and case management through probation or correctional services. Electronic monitoring provides a structure and can be ritual-breaking by keeping offenders away from the place, people and activities that lead to offending.

I believe this strikes a balance between the rights of the accused and the protection of victims. It also provides for treatment should a judge feel it would be of help.

I will support this bill to get to committee so that more fulsome study can be done to make sure its measures are best to make a difference in the protection of victims. Thank you so much.

[Translation]

Senator Yussuff: Thank you for your question, Senator Boisvenu. The reality of domestic violence is a societal issue, and society has to bear the full cost of domestic violence. It can’t be women in this country and throughout the world who have been at the forefront of this struggle — it’s fundamental that the state take responsibility to address domestic violence. Senator Boisvenu’s point of using the EI system to ensure women can access income during this period of difficulty is fundamental to bringing quality to the suffering of domestic violence.

(On motion of Senator Duncan, debate adjourned.)

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Bovey, seconded by the Honourable Senator Cordy, for the second reading of Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada.