44th Parl. 1st Sess.
November 25, 2021
- This bill, called Bill C-202, aims to amend the Criminal Code in Canada to address controlling or coercive conduct. The bill introduces a new offence of engaging in controlling or coercive conduct that has a significant impact on the person towards whom the conduct is directed. This impact includes causing fear of violence, decline in physical or mental health, and substantial adverse effects on day-to-day activities. The bill also provides an interpretation of "connected" individuals and includes exceptions and defences for situations in which the accused was acting in the best interests of the person and the conduct was reasonable. The punishment for committing this offence is imprisonment for up to five years or a less severe punishment if the offence is deemed summary conviction.
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Madam Speaker, I would like to start my speech with a sad statistic. As of May 28, 2024, in Quebec, there have been as many femicides as in all of 2023. My thoughts are with the victims and their loved ones.
I rise today to speak to Bill C‑332, which would amend “the Criminal Code to create an offence of engaging 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”.
This is a subject that is very important to me since I raised this issue at the Standing Committee on the Status of Women, where we are currently conducting a study on the matter. I will talk about the definition of coercive control, some of the details of this bill and a few reservations I have about the bill.
First, coercive and controlling behaviour includes physical, sexual and emotional abuse, financial control, implicit or explicit threats to the partner or ex-partner, and against their children, belongings or pets.
Coercive and controlling behaviour does not relate to a single incident, but a pattern of behaviour that takes place repeatedly. It is important to understand that certain behaviours, taken in isolation might be considered normal, but it is the pattern and repetition of those behaviours that make them coercive or controlling violence.
Megan Stephens, one of the witnesses who took part in the study at the Standing Committee on Justice and Human Rights, indicated that there is no universal definition. However, a few definitions were discussed during the study, including restricting a person's movements, refusing them access to the home, controlling what they eat, disconnecting phone lines, breaking their cellphone and preventing them from going to work or to school. Taken together, these behaviours amount to coercive control.
Coercive control is low-level and repetitive. It often does not involve physical violence and takes away a person's sense of personal agency. Victims no longer make decisions based on what their own best interests are or what their driving motivators are, but they make decisions based on fear of what the other person will do to them if they don't make a decision in a certain way. It is generally understood as a course of intimidating, degrading and regulatory practices used by abusers to instill fear and threat into the everyday lives of their victims. Victims are deprived of their liberty and autonomy. The intent is to gain and maintain power and control and strip away a person's freedom and their sense of self.
Abusive behaviours are intended to cause fear and gain power and control over a woman’s thoughts, beliefs and actions. Controlling another person’s thoughts, beliefs and actions does not require specific overt acts of violence, although those acts certainly may be occurring as well.
Abusive partners use 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, dependency and coercive control tactics. In some cases, abusive partners use state-sanctioned structures to continue to coerce and control women through custody of and access to the children. The legal system is used as a weapon against the victim.
Second, I want to look more specifically at Bill C-332, introduced by the member for Victoria. It is part of a growing trend among legislators who work against coercive violence. In recent years, the Standing Committee on Justice and Human Rights produced a report on this issue. I mentioned it earlier. It was tabled in the House on April 27, 2021.
The Standing Committee on the Status of Women is currently studying this issue. The Standing Committee on Canadian Heritage and the Standing Committee on the Status of Women dealt with this issue during their study on safe practice in sport.
In the last Parliament, the NDP member for Esquimalt—Saanich—Sooke introduced Bill C‑247 in October 2020. In November 2021, during this Parliament, he introduced Bill C‑202, which is essentially a new attempt to revive the legal framework, definitions and criminal consequences relating to coercive or controlling violence.
Bill C‑332 is the NDP's third attempt to put this issue on the agenda. The fact that it passed first reading and was added to the order of precedence of the House on September 20, 2003, makes Bill C-332 the most successful so far and the most likely to complete its legislative journey.
More recently, there was also Bill C‑233 from the Liberal member for Dorval—Lachine—LaSalle. It received royal assent on April 27, 2023, after study by the Standing Committee on the Status of Women. This piece of legislation amended the Criminal Code to require judges, in cases of domestic violence and before issuing a release order, to consider whether it would be desirable for the accused to wear an electronic monitoring device. In addition, the bill amended the Judges Act to require continuing education seminars on matters related to sexual assault, intimate partner violence and coercive control.
According to a study published by Statistics Canada in April 2021, intimate partner violence, including controlling or coercive behaviour, is an integral part of this problem. It is a scourge. It is difficult to put an exact figure on the scale of violence in this country, as most cases are not reported to the police. This is the main obstacle when it comes to identifying and documenting this behaviour as well as implementing solutions for victims.
In her testimony before the committee, Lisa Smylie, the director general of communications and public affairs at the research, results and delivery branch of the Department for Women and Gender Equality, reported that approximately 36% of domestic violence incidents and only 5% of sexual assaults are reported to the police.
Based on data reported by police services in 2018, women in rural areas experienced the highest overall rates of intimate partner violence in the country. The committee also noted that marginalized women, including indigenous women, racialized women, women with disabilities and migrant women, face the greatest risk of violence, not to mention children. Furthermore, although coercive and controlling violence can occur in other contexts, it is present in 95% of relationships where there is domestic violence as we know it.
Today, this coercive and controlling violence is facilitated by technological advancements. GPS systems make it possible to track women. Small cameras can be used to film them. Smart phones and social media platforms are used to spy on them. All these means and tools make it easier for abusers to continue to extend harm, isolation and control regardless of victims’ physical locations. As we saw, there are also the traditional forms of blackmail on social media, impersonating the victim, sending persistent threatening messages, or even distributing private information or sexual content about the victim.
Third, the committee noted a few problems in enforcing the current law in the cases of victims of coercive or controlling violence. I will go over them quickly. The victims distrust current mechanisms, police services and the justice system and have little confidence they will adequately address their trauma. Unfortunately, this attitude is particularly pervasive among groups that are most often targeted by these acts, in other words, indigenous or racialized women, marginalized populations and immigrants. Women who are immigrants or who do not have Canadian citizenship fear the repercussions that reporting the abuse will have on their immigration application.
Furthermore, several stakeholders report that victims believe that they will not be taken seriously. They know that there are myths out there and they want to avoid being judged by institutions on their credibility when they come forward. It is undeniable that the fear of being blamed in turn means that few victims come forward. Victims are limited in what they can do because they may be dependent on the abuser, financially for example. They are caught in a vicious cycle where they could lose everything, end up on the street or lose custody of their children.
This point was raised by several witnesses during a committee study on women's economic empowerment. 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. The numerous cases of femicide and harassment show the limitations and major flaw of the infamous “810 order” in cases where violent men pose a high risk of reoffending. They must be treated differently and be forced to use a monitoring device.
In conclusion, the Bloc Québécois supports the objective of Bill C‑332. However, we believe there are significant shortcomings that will need to be studied in committee. For example, we will have to study the possibility of expanding the scope of the bill so that ex-partners and other family members can testify in order to address the problem of one person's word against another's. We will also have to address the severity of the sentences and the consideration given to children in cases of coercive or controlling violence, as well as the connection between the new offence and the impact on family law and protection issues. Many other aspects need to be studied.
In conclusion, I would say that we need to have a debate on the duty to protect the victims of controlling or coercive behaviour relative to the obvious right of the accused to a fair and equitable trial. Let us continue to reflect on this issue. That being said, this is done elsewhere in the world and there is not one country that would backtrack on this issue of coercive control.
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moved for leave to introduce Bill C-202, An Act to amend the Criminal Code (controlling or coercive conduct).
He said: Mr. Speaker, today I rise to reintroduce my bill to make coercive and controlling behaviour in intimate partner relationships a criminal offence. This new offence would allow victims of coercive and controlling violence to get desperately needed help and would allow earlier interventions in problematic relationships rather than having to wait for physical violence to occur.
During this pandemic, we have heard reports from police and front-line service providers that domestic violence calls for assistance spiked by more than 30%, an alarming intensification of what was already a serious problem in the country.
In the last Parliament, the Standing Committee on Justice and Human Rights studied this issue, and all-party support resulted in a unanimous report, calling on the House to take action within a year, either on my bill or a similar government bill.
I thank the member for Port Moody—Coquitlam for seconding the reintroduction of my bill today.
Addressing the issue of coercive and controlling violence is not a matter of partisanship. It is a necessary step toward addressing the shadow pandemic of domestic violence that has hit women and families so hard during this pandemic.
I urge all members to support quick action on this challenging problem that will literally save lives.
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