- Member of Parliament
- Deputy House leader of the Bloc Québécois
- Bloc Québécois
- Saint-Jean
- Quebec
- Voting Attendance: 65%
- Expenses Last Quarter: $109,900.56
- Government Page
Madam Speaker, I am also pleased to rise to speak to Bill C-320, which was introduced by the member for Oshawa.
This bill is very much in line with other private members' bills that have been introduced by various members from various parties. These bills demonstrate that there is complete unanimity on this issue, unlike in many other areas. All parties agree when it comes to the issue of protecting victims and integrating them better into the justice system.
For example, I can talk about two other bills that were debated very recently in the House, including Bill C-332, which was introduced by the NDP member for Victoria and seeks to criminalize coercive control. That bill focuses more on partners or spouses in a family context. I would like to read the bill summary:
This enactment amends 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 bill seeks to create a new offence for conduct that often occurs in a domestic context.
I was also pleased to rise to speak to Bill S-205, which was introduced by now former senator Pierre‑Hugues Boisvenu and has to do with intimate partners. Once again, by way of explanation, I want to read the bill summary as it appears in the bill. It states and I quote:
This enactment amends the Criminal Code in respect of interim release and other orders related to intimate partner violence offences. The enactment also provides for recognizance orders to be made when there is a reasonable fear of domestic violence.
This bill, which I spoke to in the fall, is rather large in scope when it comes to measures to protect victims of domestic violence.
The two bills I just talked about deal with keeping women safe and protecting female victims. We know that the number of femicides increased by roughly 7.5% between 2009 and 2019. My colleague from Shefford also mentioned this. There is a great deal of work to be done to protect women. That is also the purpose of Senator Boisvenu's bill. It talks about the use of electronic bracelets, but also about the obligation to give the victim a copy of the order regarding the accused and to ensure that the victim has been consulted about her safety and security needs when a bail decision is being made.
There was already a strong interest in ensuring that victims of domestic violence offences or sexual offences are given more information about, and also have a say in, an accused's release, should a peace bond be issued. The idea is to ensure that the victim is aware of the situation and that she can even be involved in the release process, in a way, by helping monitor the actions of an accused who is subject to certain conditions, such as maintaining distance. Unfortunately, law enforcement agencies do not always have enough eyes to ensure that release conditions are met. Perhaps this is one way to ensure better monitoring and enforcement of orders.
Bill C-320 has some minor nuances. In this case, we are talking about victims in general. It is not just about victims of sexual offences or victims of domestic violence, but would include the families of murder victims, for example. The definition of victim as set out in the Corrections and Conditional Release Act includes the direct victim, but it also stipulates that someone else can act on the victim's behalf. This could include the victim's spouse or the person who was their spouse at the time of the victim's death, someone who was cohabiting with the victim, a relative or a dependant. This means that the bill can apply to a broader definition of victim. What this bill does is make it mandatory to give the victim more information on certain aspects.
We are not calling into question the very concept of parole, for example. That is something that the Bloc Québécois supports, because we believe in rehabilitation. The parole system may not be perfect, but we must still support it in the sense that, in some cases, rehabilitation takes precedence over a very strict desire to simply keep people incarcerated when it is not necessary or appropriate and when there is a real possibility of social reintegration.
Under the bill, the victim must be informed of the eligibility dates and review dates applicable to the offender in respect of temporary absences or parole, and they must be given an explanation of how those dates were determined. The victim must also be informed when the offender is released on escorted or unescorted temporary absence, on parole and on placement, meaning when the offender is sent to a halfway house. The victim must be informed of the date on which the offender will be released and how that date was determined. In short, explanations are given regarding the parole system, temporary absences and orders to place the offender in a halfway house.
Without completely reforming the issue of parole, this bill ensures that the person does not learn through the media that an individual convicted of a crime committed against her or a member of her family was released without her full knowledge of the process, the mechanics of that decision. This will ensure greater confidence. In fact, I dare to hope that the bill will help give victims more confidence in the federal prison system and further involve victims in the process. If this transparency can make victims more confident, that can have an untold impact on certain aspects of the judicial process.
I mentioned this during the study of Bill S-205. One of the common problems encountered in court when the time comes to lay criminal charges against someone, and particularly in the context of domestic violence, is that the victim is often not a party to the case, but simply a witness. This witness is important because, often, they are the only witness the Crown can use to put someone in jail and proceed with a hearing. If the victim does not have sufficient confidence in the justice system, she may decide not to testify, for fear of retribution. It is often for these reasons that domestic violence hearings go nowhere, for lack of a victim.
This is an opportunity to improve overall knowledge of the justice system, from one end of the legal process to the other, as was done with the other two bills, and this one. We can help people understand the system better, have more trust in it and participate more in the process to ensure that those who have committed wrongdoing end up serving the sentence handed down for their actions.
However, we also need to ensure that better psychological supports are available. As soon as the institution is required to properly inform victims about the parole process, for example, this can retraumatize many victims. We must therefore ensure that there are sufficient resources and supports in place for these victims if we want to get this right. We will have to make sure that there is a useful purpose, but also that we think more about the victims in the sense that this bill puts victims at the centre of the process. We must not do just one part of the job. We have to make sure that the work is done properly and that victims are fully supported. Ultimately, we have to be able to say that the victim has been put at the centre of our concerns and is part of the judicial process. She is not just an outside witness.
This bill has good intentions, and that is why I am convinced that the parties decided to unanimously support it at second reading and in committee, and that they will support it now at third reading.
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Madam Speaker, the Standing Committee on Justice and Human Rights examined the issue of coercive and controlling behaviour in intimate relationships to explore the possibility of considering such behaviour to be a criminal offence. This was done in connection with Bill C‑247, which was introduced in 2020. Members will recall that that bill died on the Order Paper when the government called an election that never should have happened because it did not change the make-up of the House whatsoever.
The purpose of Bill C‑247 was to add to the Criminal Code proposed subsection 264.01(1), which read as follows:
Everyone commits an offence who repeatedly or continuously engages in controlling or coercive conduct towards a person with whom they are connected that they know or ought to know could, in all the circumstances, reasonably be expected to have a significant impact on that person and that has such an impact on that person.
We are talking about a hybrid offence that would carry a maximum penalty of five years in prison. It was proposed that the justice committee carry out a separate study to consider coercive behaviour within the meaning of what was then Bill C‑247.
It is important to be very careful when discussing intimate partner violence. It is a very delicate and sensitive subject. Violent or coercive behaviour has no place in intimate relationships and should never occur. We all know that the goal of eliminating it completely will unfortunately never be achieved. It will always exist to some degree, which is why solutions must be carefully thought out before we write them into any legislation that would amend the Criminal Code. We must help victims as much as possible, but we must help them in the right way. Drafting legislation that properly reflects the intent of Bill C-247 is an extremely complex exercise.
The report illustrates this quite well. Witnesses and experts have many reservations and have suggested a number of changes. Penalties for coercive behaviour cannot be set out in just a few clauses, as much as we would all like that to be the case. Some countries already have these or similar tools in their criminal codes. It would perhaps be wise to study their systems more carefully and try to understand how these ideas could be transposed and adapted here.
The Criminal Code is a set of laws that create limits for what is and is not acceptable in a society. These laws can evolve over time, and they differs from one place to the next. We can draw inspiration from foreign laws, but we cannot simply copy them. That is a shortcut that could go awry, although it might be done with good intentions initially.
The Criminal Code already has provisions for people who are victims of violence. Even so, the problem is that women are generally reluctant to report. As my colleague from Kamloops—Thompson—Cariboo mentioned, there are also evidentiary challenges when witnesses cannot be convinced to follow through with their testimony to get someone charged because they still have an emotional connection to that person.
The other problem, in the case of psychological violence and coercive behaviour, is that victims may not realize they are victims until they are really trapped. Another thing to consider is that people who behave coercively do everything they can to isolate their victim. Without their network, victims find it very hard to report this behaviour, especially when their self-confidence has been eroded. Slowly but surely, a web is woven around the victim. This can happen to anyone, no matter their gender, age or social class. There is no such thing as a typical victim, no model that makes it easy to identify these victims from the outside.
A lot of awareness raising and prevention need to be done before we can come up with legislation that is comprehensive and effective. That is one of the recommendations in the report. It also talks about raising judges' awareness.
It is important to note that the Government of Quebec plays a lead role in many ways with respect to public awareness and prevention. In Quebec, things are networked, and resources are interlinked: education, health, social services, justice and public safety.
We have used the team approach for quite some time, which leads me to share my own concerns about the steps mentioned in the debate on this report.
Criminalization comes up over and over again. That is what is behind the creation of a Criminal Code section, but we do not talk enough about rehabilitation or even assistance. That may not be unusual because, as I just mentioned, on our side the assistance would be provided by the Government of Quebec and the provinces, which are responsible for social services.
I would like to address the fact that the bill says barely anything at all about striking a balance between criminalization and rehabilitation. There is also very little mention of it in the report.
Both the victims and their assailants need help, but Bill C‑247 did not mention the balance that needs to be struck. There was no mention of the possibility of providing help and upstream prevention.
I would like to conclude my speech on a positive note because all the work that was done by the committee is still very important. This work needs to be a precursor to a deeper, more tangible reflection on the opportunities available to us to try to legislate on this type of behaviour and, ultimately, help the people who are the victims of it directly or indirectly. That is really its primary objective. These victims are also often collateral damage and we need to think of them.
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- Mar/10/23 12:28:05 p.m.
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Mr. Speaker, I thank my colleague for tabling the report.
I would like him to address the issue of help and rehabilitation. Should we not try to find a better balance between criminalizing coercive behaviour, helping victims and potentially rehabilitating people who committed acts of coercion?
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