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Decentralized Democracy

Hon. Kerry-Lynne Findlay

  • Member of Parliament
  • Member of the Board of Internal Economy Chief opposition whip Member of the panel of chairs for the legislative committees
  • Conservative
  • South Surrey—White Rock
  • British Columbia
  • Voting Attendance: 65%
  • Expenses Last Quarter: $130,172.43

  • Government Page
  • Oct/25/23 5:37:28 p.m.
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  • Re: Bill S-12 
Madam Speaker, it is very difficult to come forward. I am able to come forward in the House in a public way at this time in my life only because of the passage of time. At an earlier time, I simply could not have stood publicly and disclosed what I have disclosed. The effects of sexual assaults last a lifetime. I applaud all those who came before the committee and told their personal stories, shared them in order to enlighten us all on the difficulties faced by victims.
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  • Oct/25/23 5:21:54 p.m.
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  • Re: Bill S-12 
Madam Speaker, after eight years of this Prime Minister's weak-on-crime policies, Canada has become a more dangerous place and he is not worth the cost. Liberal law Bill C-75, the catch-and-release act, has unleashed a wave of violent criminals onto our streets and incidents of repeat and violent crime have predictably surged as a result. This increase in crime is particularly true when it comes to sexually based offences. Under this NDP-Liberal government's watch, sexual assaults have gone up 71%. Sex crimes against children have seen an astonishing 126% increase. Thanks to extreme politicians weakening our laws, those who commit sexual assault can now serve their sentences at home in the same community as their victims. According to Statistics Canada, only one in five cases of sexual assault reported to police result in a trial. Only 6% of sexual assaults are reported in the first place, due to fear and stigma, the lowest of all violent crime. I know that when I was sexually assaulted, as a child of 12, by two perpetrators, I was too afraid to tell my parents, even. I did not tell my mother until I was 40 years old. That is the story for many women in Canada. The Vancouver Rape Relief and Women's Shelter points out that only one in nine cases of sexual assault reported to police results in a conviction. Worse, only one in 15 reported cases results in the perpetrator being sentenced to jail. As a mother of three daughters, I find these statistics alarming. As a lawyer and member of the official opposition, I must hold the government presiding over this crime wave responsible. The lack of urgency of the NDP and Liberals to protect women and children is shocking. They must act now to fix the problems they created with this radical ideology that puts criminals first and victims last. These stats only tell part of the story. The assault is traumatic enough for the victim to live once. The effects last a lifetime. To get justice, they are required to relive the trauma during the rigours of a criminal trial. They are often revictimized, forced to recount their assault through their own testimony and cross-examination. It is understandable that sex crimes and assaults are significantly under-reported, making it impossible to accurately quantify just how widespread this picture is. It is not just sexual assault. Other forms of sexual violence are also on the rise. Online child exploitation has increased. According, again, to StatsCan, my province of British Columbia accounted for 54% of Canada's reported incidents of making and distributing sexually explicit images. The RCMP in British Columbia dealt with 9,600 cases of child exploitation last year alone. This is unacceptable in the extreme and speaks to the NDP-Liberal government's failure to protect the most vulnerable in our society, particularly women and children. The House must acknowledge that Canada has a problem with sex crimes, as we debate legal changes to the sex offender registry. In my family law practice, I handled a case where a woman was concerned for the safety of her child during a custody dispute. She expressed concern that unsupervised contact with extended family members on the father's side of the family could put her child at risk of sexual assault. I discovered, through a sex offender registry in the United States, that the family member in question was a known offender. We were able to secure conditions in the custody arrangements that kept the child safe and under supervision. This underscores the need for a strong, effective sex offender registry, to help law enforcement keep the public safe. The legislation before us today, Bill S-12, amends the Sex Offender Registration Information Act, following a Supreme Court ruling that determines that sections of this law were unconstitutional. The court gave the Liberals one year to fix the unconstitutional provisions. That was on October 28, 2022. The so-called “feminist government” has dragged its feet yet again, and here we are today at the 11th hour debating the bill with a looming deadline just three days away. Bill S-12 would change the Sex Offender Registry Information Act that was first passed in 2004 with the support of all parties. It was created to assist law enforcement agencies by requiring the registration of specific information about sex offenders, such as addresses, phone numbers, a description of their physical appearance, the nature of the offence committed, and the age and gender of the victims and their relationship to the offender. At the time it was up to the discretion of the judge as to whether a sexual offender should be on the registry. However, this led to several issues. In 2009, the public safety committee found that only 50% of sex offenders were required to enrol in the sex offender registry. Conservatives recognized that to be effective and to actually protect women, children, victims and survivors, the national registry had to be enforced consistently across the country. Conservatives are the party of law and order. We support tough sentencing and enforcement against sexual crimes. The previous Conservative government brought in the law that required convicted sex offenders to be automatically listed on the national sex offender registry to better protect the public, a measure that was also supported at the time by all parties. Conservatives remain supportive of legislation that would protect the public from sexual offenders, including Bill S-12. However, the bill is another missed opportunity to improve public safety. At committee, the Liberals amended their own bill to further prioritize the interests of the accused in sexual assault cases. Frankly, accused sexual offenders do not need more support in the criminal justice system. It is the victims and survivors who need the support. This was a chance for the coalition government to stand with victims, but once again it abandoned them. Common-sense Conservatives believe all sex offenders must be listed on the national sex offender registry, and we will amend the legislation to ensure this is the case when we form government. As a family lawyer, I often dealt with custody cases where the sex offender registry was especially used to protect the interests of children. It is an essential tool for police and law enforcement agencies. I am concerned that the court's decision will water down the effectiveness of the registry and make it harder for police to prevent and investigate sexual offences. At committee, that soft-on-crime NDP-Liberal government opposed our common-sense amendments to strengthen the bill and opposed amendments to publication bans that key stakeholders, such as My Voice, My Choice, which was earlier praised by the member opposite, have advocated for. While the government claims it stands for women's rights and supports survivors of sexual violence, its actions say otherwise. Victims and survivors welcome stronger penalties and protections like mandatory enrolment in the national sex offender registry. They have asked for increased flexibility and victim input regarding publication bans and access to case information. The Liberals had a year to get the legislation right. Their delayed response has opened the possibility of sex offenders escaping registration if Parliament does not comply with the court-imposed deadline looming close now, something Conservatives will not allow. We will agree to pass the bill through the House today to avoid putting the registry at risk. However, make no mistake, there is only one party committed to ending the crime wave, keeping vulnerable Canadians safe and fixing the flawed legislation. Only common-sense Conservatives will act with the urgency and the specificity required to keep women and children in Canada safe.
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  • Jun/16/22 4:31:57 p.m.
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  • Re: Bill C-9 
Mr. Speaker, like some others in the House and like my colleague who was just speaking, I am a lawyer, and the practice of law has been a large part of my life. My son and two of my daughters followed me into the legal profession, and it is a source of pride to me as they pursue their professional careers. I continue to be grateful to have been appointed a Queen’s Counsel some 23 years ago, and to have been elected president of the B.C. branch of the Canadian Bar Association the year previous. I have a deep appreciation and passion for the law and its unbiased application. In the plainest of terms, Bill C-9 amends the Judges Act to replace the process through which the conduct of federally appointed judges is reviewed by the Canadian Judicial Council. It establishes a new streamlined process for reviewing allegations of misconduct that do not reach the threshold for a judge’s removal from office, and the process by which recommendations regarding removal from office can be made to the Minister of Justice. These provisions also apply to persons other than judges who are appointed under an act of Parliament to hold office during good behaviour. This bill was previously tabled in the Senate as Bill S-5 on May 25, 2021. The legislation before us is the result of consultations conducted by the federal government in 2016 on reforming this process. That is six years ago. It is incredibly important that the judicial system be just and fair, holding accountable those who are both behind and in front of the bench. Increasing public confidence in the judicial system, while ensuring the independence of the judiciary, is necessary for the foundations of our justice system to continue to function as intended. Many will recall that in response to comments from Justice Robin Camp at a sexual assault trial in 2014, former interim Conservative leader Rona Ambrose introduced a bill to require seminars on sexual assault be taken by federally appointed justices At the time, the Alberta Court of Appeal panel ruled that Justice Camp seemed not to understand laws on consent and an alleged rape victim’s sexual activity, and that his acquittal of the man may have been coloured by “sexual stereotypes and stereotypical myths, which have long since been discredited.” Justice Camp’s ruling was thrown out and a new trial date set. Justice Camp went on to resign from the bench in 2017, after the Canadian Judicial Council ruled he should be removed from office. Before this case, there were volumes of case law and newspaper columns about jurists who misapprehended sexual consent or post-assault behaviour, who then went on to preside in court and rule again on other such cases. An earlier version of the bill received royal assent on May 6, 2021. This bill can be viewed as an attempt to increase confidence in the judicial system, which had been shaken by the words and actions of Justice Camp and others. Fairly representing victims' rights is an integral aspect of the proper functioning of the judicial system. One important aspect of the court process is the submission of victim impact statements: written statements from a victim or victims that describe the physical or emotional harm, property damage or economic loss that the victim of an offence has suffered. Our courts take these statements into account when an offender is sentenced. This gives victims of crime a voice in the criminal justice system. The government has not been prioritizing victims' rights, and it is failing Canadians and the integrity of our judicial system as a result. Inexcusably, the role of the federal ombudsman for victims of crime has been vacant since October 1, 2021, with the justice minister’s office saying it will be filled “in due course.” The ombudsperson has a critical role in highlighting and reviewing systemic issues that negatively affect victims and emerging issues. This vacancy is simply unacceptable, and sends a message to survivors and Canadians alike that they will not necessarily be represented fairly in the justice system. Adding to concerns that victims of crime are not being heard is Parliament’s failure to complete a review of the Canadian Victims Bill of Rights. The review was supposed to happen in 2020. Canadians’ perspective of the judicial system reflects, in part, these failures. According to the Justice Canada studies, regardless of whether their cases did or did not go to trial, participants were asked to rate their level of confidence in the police, the court process and the criminal justice system in general. Few stated that they were very confident. Indeed, approximately two-thirds of the responders stated that they were not confident in the administration of justice in general. This data is not coincidental. It is imperative that our judiciary system continues to adapt to effectively represent Canadians fairly. A Department of Justice report stated that: For the 2016/2017 fiscal year, 42% of all sexual assault case decisions (levels 1, 2, and 3) in adult criminal court resulted in a finding of guilt. According to StatsCan, statistical evidence classified 14% of level 1 sexual assault incidents as unfounded in 2017. In comparison, the more serious levels of sexual and physical assault were classified as unfounded in only 9% of level 3 sexual assaults, 7% of level 2 sexual assaults, 3% of level 2 physical assaults and 1% of level 3 physical assaults. Why is there a difference? This bill would modify the existing judicial review process and allow for sanctions such as counselling, continuing education and reprimands. Improvements in the administration of justice will result. The bill states that the reasons a judge could be removed from office include: (a) infirmity; (b) misconduct; (c) failure in the due execution of judicial office; (d) the judge is in a position that a reasonable, fair-minded and informed observer would consider to be incompatible with the due execution of judicial office. In the case of a complaint that alleges sexual harassment or discrimination, it would not be dismissed. The full screening criteria would be published by the Canadian Judicial Council. The minister and Attorney General may request that the Canadian Judicial Council establish a full hearing panel to determine whether the removal of a judge from the office of a superior court is justified. The council would submit a report within three months after the end of each calendar year with respect to the number of complaints received and actions taken. This is a prudent measure that would ensure transparency and accountability from a senior group of jurists exercising quasi-constitutional duties. Such provisions in this bill would enhance and strengthen the Canadian legal system as a whole. As a former parliamentary secretary to the Minister of Justice, I welcome this legislation. Bill C-9 is a move in the right direction. It is not the end of the journey, but the start of the journey.
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  • Feb/10/22 3:01:38 p.m.
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Mr. Speaker, Epiq Class Action Services Canada, which administers the federal government's $900-million settlement with armed forces members and veterans who experienced sexual misconduct, has released private information about dozens of claimants. These survivors are now carelessly revictimized again at the highest level. This is what unacceptable looks like, and the Privacy Commissioner is now investigating. What is the minister going to do to correct this and to make sure that it never happens again?
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