SoVote

Decentralized Democracy

Anju Dhillon

  • Member of Parliament
  • Liberal
  • Dorval—Lachine—LaSalle
  • Quebec
  • Voting Attendance: 68%
  • Expenses Last Quarter: $103,608.23

  • Government Page
moved that Bill C-233, An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner), be read the second time and referred to committee. She said: Madam Speaker, I dedicate my Bill C-233 to François L'Heureux, who was more than just a mentor; he was like a second father to me. I was incredibly lucky that he was part of my life. The moments we shared are among the most memorable of my life. He was a brilliant lawyer. He always argued his cases with passion and conviction. His passing is a huge loss on every level. He was respected and admired by all. He was attentive to everyone's needs. His friendship was the greatest gift that life could offer to those who knew and understood him. I thought it was for a lifetime, but a few weeks ago, he left us all behind. I wake up every day thinking that I live in a world without Maître L'Heureux, a world that needs more people like him. He was a bold, courageous man who always stood to defend human rights and fight oppression. He did not fear anything and to me he was larger than life. He was a giant who walked this earth. He was sensitive and had a soft heart, he wanted everyone around him to be okay and would do whatever he could to make it so. He was selfless and a man of honour. He was incredibly intelligent, deep and thoughtful, a real class act. He gave me invaluable advice on all aspects of my life. He meant something different to each person, but the one message that came back to me over and over was that every time somebody asked him for help, he would never refuse. I never would have imagined that he would not be able to be here for the debate on my bill. He was always there for me, to encourage me or to give me advice during difficult periods. He was my guardian angel. I will cherish the memory of our times together and his words of wisdom and love. He always ended his conversations by saying, “Okay friends, I have to go.” I would reply, “Hugs, Mr. L'Heureux. We love you.” We will always love him. It is with a great deal of emotion that I introduce in the House today Bill C-233, an act to amend the Criminal Code and the Judges Act regarding violence against an intimate partner. This enactment would amend the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device. The enactment would also amend the Judges Act to provide for continuing education seminars for judges on matters related to intimate partner violence and coercive control. I am grateful for the work that the member for Oakville North—Burlington and the member for York Centre have done with Dr. Kagan and Maître Viater to give Keira a voice. With all of these efforts combined, we will help prevent such horrendous acts from taking place in the future. I truly appreciate their support and strong advocacy to make sure that domestic violence in all its forms will be taken seriously throughout the judicial process. The two initiatives within my proposed bill complement each other and are supported by the statistics and studies that demonstrate more needs to be accomplished in order to halt femicides and filicides, as well as domestic violence, offences that seem to increase by the year, especially the last two years during the pandemic. In its December 6, 2021 edition, the Canadian Medical Association Journal, in its article, “The physician's role in the prevention of femicide in Canada”, recalled some staggering findings. It stated: In Canada, a woman is murdered every 2.5 days—ranging from 144 to 178 murders each year between 2015 and 2019—and in 2021, the rate of femicide is trending even higher.... Of the women murdered, 50% were killed by intimate partners and 26% by family members. Ending the relationship does not end a woman’s risk of death: 20%–22% of intimate partner femicides were perpetrated by estranged spouses within the first 18 months of separation. Women account for 80% of reported incidents of intimate partner violence (IPV), which affects all ages, races, ethnicities and socioeconomic strata. Women at highest risk are those who are young (15-24 yr), immigrants, refugees, Indigenous or living with disabilities. Furthermore, data on femicide in Canada show alarming trends among nonurban and Indigenous women. From 2016 to 2019, women living in nonurban areas accounted for 42% of femicides in Canada, even though only 16% of Canadians lived outside of cities, and one-quarter of all murdered women in Canada are Indigenous. Furthermore, violent and aggressive behaviour toward female partners is not always weighed heavily enough to change outcomes during decision-making in Canadian family court, such as a child custody case. That last part makes me think of the tragic story of little Keira Kagan, who was killed by her father in what was likely a murder-suicide. The signs were there. Dr. Kagan-Viater and her spouse, Philip Viater, are working very hard to ensure other families do not suffer the pain of losing a child under such unspeakable circumstances. They believe that providing continuing education on intimate partner violence and coercive control to judges who rule on custody and parental-access cases is a positive step towards better protecting children from violent and abusive parents and to protect their parents from intimate partner violence. I completely agree with them. In my work as a lawyer practising family law and criminal law, I witnessed just how deeply intimate partner violence can insidiously invade all aspects of the victim's life and how it can even leave deep scars on children who witness or experience that violence. Abuse is sometimes silent and takes the form of coercive control, while other times it leaves physical marks. In many cases, victims become increasingly helpless and unrecognizable to those who know them. This is an extremely complex phenomenon, and as time goes on, it becomes clearer that violence against intimate partners and children can take many forms and manifest in many different ways. That is why all those involved in such cases, such as judges, lawyers, doctors, social workers and law enforcement, must be aware of the latest developments and scientific findings regarding domestic violence and its repercussions. In Spain, where electronic monitoring was used in domestic violence, it showed 45 women were killed by their intimate partners, and 72 in 2004. A pilot conducted in Australia suggests that electronic monitoring contributed to an 82% reduction of high-risk incidents. Often, intimate victims do not denounce their abuser for various reasons such as the conviction they will not be believed by the system, shame, fear of repercussions on the victim and/or their children, financial anxiety and so forth. However, the telltale signs are habitually present in such circumstances. That is why those who interact with victims of this type of abuse should have or should develop the ability to detect even when it is silent or not denounced. Judges play a pivotal role in our society. They are the guardians of democracy as well as constitutional and human rights. They sometimes have the daunting task of adjudicating complex factual cases, and that could have a very long-lasting effect on people's lives. That is why it is imperative for our judiciary to have access to complete training on complex and evolving matters, such as domestic violence and coercive control, so that the best outcomes can be reached with their decisions. Our way of life evolves. If we take a second to think, our interactions have changed since COVID-19, and that is only in the past two years. The rule of law must keep up with these changes and challenging times. As seen in 2021, a pandemic year, the femicide rate was trending even higher than in previous years. We cannot ignore these sobering and sometimes terrifying statistics. The Lawyer's Daily, in an article from its December 21, 2021 edition, reported on a voluminous study conducted by Jean-Pierre Guay and Francis Fortin, professors of criminology at the Université de Montréal who were mandated by the Quebec government to study the use of electronic tracking devices. The study had found that these increased a complainant's sense of safety and developed a feeling of empowerment and autonomy in complainants, while “allowing for a more focused and optimized police response”. In other words, where implemented, electronic monitoring can and will save lives. I think everyone will agree that there is nothing more important in this world than the preservation of human life. The bill I propose is meant to do just that. I was shaken by the story of Ms. Khaoula Grissa, who narrowly escaped death in December 2019. Her ex-partner broke into her house and lay in wait to rape and kill her. Ms. Grissa bravely did everything she could to avoid that by moving to a different apartment and changing her car. She knew full well what her ex-partner was capable of. In the past he had violated restraining orders, and the police had told him they were keeping an eye on him. That did not prevent him from brazenly entering her home. She was able to escape by locking herself in the bathroom with her two-year-old daughter, but not before the man raped her. Many other victims have lost their lives to their intimate partner. Ms. Grissa openly stated that the system failed her and that the memory of that terrifying day is forever burned into her brain. My bill will not solve the problem of domestic violence and its devastating repercussions; however, it is my firm belief and that of the people who helped me with this project that it will be one of the solutions to better protect victims of domestic violence. I invite my esteemed colleagues to join me in recognizing the usefulness and importance of this bill by voting in favour of it.
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