- Member of Parliament
- Liberal
- Dorval—Lachine—LaSalle
- Quebec
- Voting Attendance: 68%
- Expenses Last Quarter: $103,608.23
- Government Page
Madam Speaker, I just want to thank all of my colleagues from the bottom of my heart.
I thank all the organizations, and Dr. Jennifer Kagan and her husband, Mr. Philip Viater, for having advocated for so long. Yesterday, as was mentioned, was Keira's birthday. Only in memory of her can we continue to speak out for other victims of domestic violence, such as her, who are the most marginalized and vulnerable people in our society. I just want to take this moment to say that Keira is everybody's daughter. These children are our children, and we suffer along with those who suffer.
I thank everybody from the bottom of my heart, and I hope we can pass this bill as quickly as possible.
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Madam Speaker, I have to say, and there is no other word that comes to mind, even in these conversations about tragedies, that I am enchanted by the support received from our own caucus and across all party lines. This is so meaningful. It is the first time we are talking about coercive control with regard to the Criminal Code and the criminal justice system, so this very important.
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Madam Speaker, I thank my hon. colleague from Nanaimo—Ladysmith for her hard work and for listening to the tragedies that complainant victims go through in their experiences with the criminal justice system.
There are many gaps still to be filled, and I believe that, if we continue on this path, the first thing to do is to pass the bill and then keep addressing these issues. It is very important that judges be able to discern whether something being decided is in the best interests of the victim and the child. These are conversations we need to keep having, and I really hope I can count on the support of all of my colleagues.
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Madam Speaker, I thank my colleague for her comments and her thoughts. I sense a great deal of passion as well.
To answer her question, I think we have to continue working with the provinces. As a member from Quebec, I am truly proud of the legislation that Quebec passed on electronic bracelets.
I hope we will be able to continue working with the provinces and territories to combat family and intimate partner violence against women.
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Madam Speaker, from the bottom of my heart, I thank my hon. colleague for all her hard work and advocacy, for working across all party lines to help with this legislation and for hearing the voices of organizations, victims and people who have spoken up.
To answer her question, there is still much to be done. As I said in my speech, this is just the start of what we need to continue doing, including having open conversations, exposing domestic violence and exposing the flaws in our criminal justice system and child custody cases. This is—
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moved that the bill be concurred in.
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moved that the bill be read the third time and passed.
She said: Mr. Speaker, Bill C-233 is now in the final stage of consideration here in the House. I am so pleased with the overwhelming support this legislative initiative has received thus far. I would like to thank all my hon. colleagues from the bottom of my heart for supporting this bill.
My colleagues and I, who worked on this bill, regularly receive emails and calls from women and organizations that are advocating to protect female victims of domestic violence. They want to express their appreciation for this bill. My colleagues from all political parties have also received countless messages from these victims' rights groups about helping pass this legislation.
There is nationwide support for Bill C-233. I want to thank all the people across Canada who wrote to me and shared their tragic and heartbreaking stories. I am very touched by the trust they have placed in me. There is no doubt that more needs to be done to help those who experience domestic abuse, physical or psychological.
It has been an uphill battle to recognize not only women's rights, but the real danger women often face when it comes to situations of domestic violence. Domestic violence, until very recently, was not talked about as openly as it is today. There was, and I believe still is, a stigma attached to it in many places. Whether it is victim-blaming or the feeling of shame, these horrific events should have always been given priority. The shame belongs with the person who does the tormenting, not the one who is subjected to it. Whatever the reason for this past humongous injustice, now is the time to address it full on and to never back down.
Domestic violence has affected many, many women, and I say this because it is oftentimes women who are victims of domestic abuse and who face the most distressing situations possible. Whether it is psychological, emotional or mental abuse, physical violence or threats thereof, coercion, being controlled through duress, or financial bondage, far too many women to count have suffered through this and continue to do so. Today, the statistics are very clear about this and the past history of domestic abuses that have been endured. Many times, these women were not heard because their voices were silenced or because no one was listening. They were not taken seriously, so they lived quietly with their shattered dreams and painful memories.
Other parts of the world come to mind, places where people have unshakable partisan beliefs, where deep divides within society impede progress and get in the way of important dialogue about social issues that affect a lot of people.
Our strength as Canadians, regardless of our political affiliations, our values and our beliefs, is that we are always guided by a common thread: the society we all want to live in and bequeath to future generations.
One of the pillars of our country is keeping everyone safe. Given the constant headlines about murdered women and children, we can all agree that we need to do more to protect these vulnerable people.
I realize that my Bill C‑233 is just part of the solution. However, without this legislation, our efforts as a society to do a better job of protecting victims of intimate partner violence will not be as robust. It is time to put our collective shoulder to the wheel by supporting Bill C‑233.
I would like to share an overview of the elements that favour this bill.
There is a critical window during which most victims of femicide lose their lives. It is in the first 18 months post-separation. After this critical period, things start to settle down and people are able to rebuild their lives slowly but surely.
However, there are some very troubled individuals who simply cannot stay away from their target, no matter the number of restraining orders issued by the court, such as the individual I spoke about during my previous debate. That person violated quite a few restraining orders and even went to prison for it. He continued to harass his ex-partner from prison. When he got out, he followed her and somehow managed to find the secret location she had been hiding at with her daughter. Once he found them, he stalked them. He sat outside their home for hours watching them, waiting for his chance. He tormented his ex-wife and tried to kill her and their daughter before he committed suicide.
In a situation like this, only an electronic monitor can dissuade the harasser from approaching the victim, as their location would be disclosed electronically. In turn, this would give the complainant victim some serenity and an opportunity to be better be prepared in case the accused is close by. This law is for the victims.
For the longest time in the Canadian justice system, there was the belief that violence against an intimate partner did not necessarily mean that the violent parent was incapable of being a good parent to the couple's children. Some adjustments were made to the Divorce Act to better address this issue. However, this legislative initiative cannot be completely executed as long as those who decide on the fate of these children do not fully comprehend the ravages domestic violence leaves on all victims, including the children, who at times, vicariously or directly, also experience that violence. Those who give themselves the right to physically assault another human being or who psychologically terrorize them, often in front of the children, have a lot of work to do on themselves to change, and sometimes they just cannot or will not. That is something all judges need to fully acknowledge and understand before deciding what is in the best interests of the child.
In conclusion, this non-partisan bill will help prevent homicides and save lives. This critical step is needed to better support and protect the most vulnerable victims of domestic violence and their children. We must help break the cycle of violence and trauma, including for any children who are exposed to it.
Bill C-233 will help judges better understand the phenomenon of domestic violence and its impact, as well as coercive control in family relationships, in order to make the best decisions affecting the children of those relationships.
The other interesting point about this legislation is that it formally adds electronic monitoring to the Criminal Code as another possible condition for judicial interim release. This is another tool in the tool box for judges to use when they believe that the safety of any person, including alleged victims of intimate partner violence, could be compromised if the accused is released pending trial. This provision would ensure better protection where there is doubt about the safety of an individual, including victims of domestic violence and their children. It is worth noting once again that between 20% and 22% of femicides and filicides in the context of domestic violence were committed by former intimate partners within 18 months of separation.
As as society, it is important that we continue to look for solutions to significantly reduce violence against women and children in Canada. My legislative initiative is a practical measure that will contribute to saving lives and help better protect victims of family abuse.
I sincerely hope that members still believe in the urgency of and need for Bill C‑233 and will vote accordingly.
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Madam Speaker, I would simply like to thank my colleagues from the bottom of my heart for the words I heard here today. I am deeply moved.
I have so much eternal gratitude to my colleagues for their heartfelt, compassionate and even empathetic words they used today in the chamber for this very important subject. I again thank Dr. Kagan and her husband, Maître Philip Viater, for their work and all the advocacy groups across Canada who have pushed for this legislation to become law. I am very humbled.
I do not have anymore words. I'm bursting with emotions. I thank everyone for everything they said today. They have my eternal gratitude.
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Madam Speaker, I thank my colleague for her words and for her advocacy when it comes to the rights of women and girls. It is very important that these subjects always remain at the forefront.
Canada's foreign policy, and our government's policy, has always been to advocate for women's rights, not just here in Canada but all over the world. We will continue to do so.
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Madam Speaker, I thank my hon. colleague. I very much appreciate his words and his support. He too is a man of dignity, so I thank him for everything he has said about the bill and his tribute to François L'Heureux.
I am really proud of what the province of Quebec has done. Quebec passed legislation on electronic monitoring bracelets last month. We need to learn from other countries as well. As we have seen, this type of approach has worked in other countries. These kinds of measures have helped reduce incidents of violence in Spain and Australia, for example.
I really look forward to getting this bill passed and working with all the provinces to improve the situation for victims.
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Madam Speaker, I thank my hon. colleague from the bottom of my heart for her heartfelt words and her support for the bill. It means so much to everybody across Canada who is advocating for women's rights, for victims' rights, and for the rights of children and of those who are most vulnerable.
Kiera's death, as her mother said, could have been prevented if such measures had been put in place a long time ago, but I am very glad and grateful to be able to bring such a bill forward with the support of my colleagues and even the support of opposition parties. I believe that this is a huge step. As we are all aware, coercive control is not even part of the Criminal Code, so this acknowledgement will be a huge step forward in bringing justice for victims and complainants.
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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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moved for leave to introduce Bill C-233, An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner).
She said: Mr. Speaker, it is with immense gratitude that I introduce my very important bill to amend the Criminal Code and the Judges Act. I want to thank my colleague from Oakville North—Burlington for supporting it.
This bill would protect women against intimate partner violence. In Canada, a woman is murdered every two and a half days, and of the women murdered, 50% are killed by intimate partners.
Of those women, 22% are killed within 18 months of the separation.
This bill would amend the Criminal Code to require a justice to consider whether it is desirable to include as a condition, before making a release order, that the accused wear an electronic monitoring device when the offence they are charged with is against their intimate partner.
This bill would also amend the Judges Act to provide for continuing education seminars for judges on matters related to intimate partner violence and coercive control.
It is our duty to protect these vulnerable Canadians and allow them to feel safe.
I call on all parliamentarians to support this vital initiative and send the message that violence against women will not be tolerated.
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