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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
  • Jun/14/23 5:10:05 p.m.
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Mr. Speaker, he did not adequately take responsibility for his actions. He should apologize to me, the Chair and the House. In the circumstances, and upon some reflection on the matter, now that we are out of the heat of the moment, I truly believe that with his misogynistic bullying and insults, the parliamentary secretary was trying to obstruct me from making and completing my speech. House of Commons Procedure and Practice, third edition, at page 107, states: In order to fulfill their parliamentary duties, Members should be able to go about their parliamentary business undisturbed. Assaulting, threatening, or insulting a Member during a proceeding of Parliament...is a violation of the rights of Parliament. Continuing at page 108, it states: Speakers have consistently upheld the right of the House to the services of its Members free from intimidation, obstruction and interference. This is a long-standing and well-established principle in the law of parliamentary privilege, tracing its roots back to the April 12, 1733, resolution of the British House of Commons, which states, “That the assaulting, insulting or menacing any member of this House, in his coming to or going from the House, or upon the account of his behaviour in Parliament, is a high infringement of the privilege of this House, a most outrageous and dangerous violation of the rights of Parliament and an high crime and misdemeanour.” Bosc and Gagnon observe the following at page 109: In order to find a prima facie breach of privilege, the Speaker must be satisfied that there is evidence to support the Member’s claim that he or she has been impeded in the performance of his or her parliamentary functions and that the matter is directly related to a proceeding in Parliament. On May 1, 1986, at page 12847 of the Debates, Speaker Bosley held: If an Hon. Member is impeded or obstructed in the performance of his or her parliamentary duties through threats, intimidation, bribery attempts or other improper behaviour, such a case would fall within the limits of parliamentary privilege. While I did complete my speech, I have to say it is very disturbing, distracting and disruptive to have to finish a speech after being put through that escalating ordeal by the member for Kingston and the Islands. I say that as someone who has spent a career as a litigator. Certainly, the giving of the finger is improper behaviour at the least, and with the context it was given in last evening, it was intended to be of a threatening or intimidating nature. In fact, the Canadian Oxford Dictionary, second edition, defines giving the finger, at page 555, as “mak[ing] an obscene gesture with the middle finger raised as a sign of contempt.” A “sign of contempt” is the literal definition. It is certainly unparliamentary, and I would argue that it is contemptuous, behaviour. No matter how we cut it, it is unacceptable conduct in any professional setting. I must say, I have never experienced this in my professional career to date. While I do not believe we have ever had a Speaker's Ruling on a member giving another the finger, Bosc and Gagnon explain, at page 112: It is impossible to codify all incidents which might be interpreted as matters of obstruction, interference, molestation or intimidation and, as such, constitute prima facie cases of [contempt]. At page 81, they state: There are, however, other affronts against the dignity and authority of Parliament which may not fall within one of the specifically defined privileges. Thus, the House also claims the right to punish, as a contempt, any action which, though not a breach of a specific privilege: tends to obstruct or impede the House in the performance of its functions; obstructs or impedes any Member or officer of the House in the discharge of their duties; or is an offence against the authority or dignity of the House, such as disobedience of its legitimate commands or libels upon itself, its Members, or its officers. They continue: The House of Commons enjoys very wide latitude in maintaining its dignity and authority through the exercise of its contempt power. In other words, the House may consider any misconduct to be contempt and may deal with it accordingly. Indeed, on June 7, 2021, at page 8034 of the Debates, the Speaker found a prima facie contempt concerning our former colleague, Will Amos, who, while attending the House virtually, urinated into a coffee cup. I would note the wording from that ruling. It states: In response, the member for Kingston and the Islands agreed that it was a deplorable and unacceptable incident, while also pointing out that the member for Pontiac had accepted full responsibility and that he had stepped aside from his parliamentary secretary responsibilities and from his committee responsibilities in order to obtain the appropriate assistance. For that reason, he was again apologizing on his behalf. Further in the ruling, it states: I obviously take note of the apology from the member for Pontiac. He recognized that his behaviour was completely inappropriate and confirms his commitment to obtain the necessary assistance. Nevertheless, the Chair is required to determine whether the alleged facts are a breach of the rules governing contempt and thus merit priority consideration. That is the case here. Just as in those circumstances two years ago, I believe that the misogynistic bullying and offensive gestures by the member for Kingston and the Islands must absolutely be called out. They rise to the threshold requiring your intervention, Mr. Speaker, and this House's disposition through a privilege motion. Therefore, Mr. Speaker, should you agree, I am prepared to move the appropriate motion.
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Madam Speaker, I am honoured to stand today in support of Bill C-311, the violence against pregnant women act, because I thought that is what we would be debating tonight. However, what I have been listening to is far from that. The speakers have gone far afield in their discussion of a bill that is squarely before them. I want to thank the member for Yorkton—Melville for bringing forward this important legislation. It is my honour to second it at this stage of debate. I will speak to this bill, not some other bill or bills, or a history of bills. We are talking about Bill C-311, which would amend the Criminal Code to specify that knowingly assaulting a pregnant woman and causing physical or emotional harm to a pregnant woman would be considered aggravating circumstances for sentencing purposes. I support this bill because mothers who have faced and are facing violent assaults need to know that they are heard and that the pain and depression caused by harm to their babies are not left unseen by others. I have fought for women's rights all my career as a lawyer, especially during my career as a family lawyer, and now as a politician. This bill is about the rights of pregnant women, no more and no less. I am the mother of four children who I have been fortunate to raise into adulthood, but I was pregnant five times. My last child, a boy named Mackenzie, or little Mack for short, never got the chance to know his family, work, speak, go to school, play with friends or grow up. His waiting family, which was me, his dad, his brother and three sisters, never got to meet him. We lost little Mack halfway through my pregnancy because of the negligence of an interning doctor who wrongly handled an amniocentesis procedure and suffocated him in utero. At the time, his loss sent me into a deep situational depression for months. I was off work for the first time in my adult life, and I grieved his passing desperately. I still do many years later. Because of this tragic event in my own life, I know and understand how the deliberate act of a person who knows that someone is pregnant and does harm to them and their baby impacts a mother and her family. It is well documented that pregnant women in Canada are easy targets for violent assaults, yet the consequences of these offences have not increased. Just this year, the Court of Appeal for Ontario overturned a seven-year sentence for an offender who stabbed the pregnant mother of his unborn child in the neck and left her for dead. The mother lived, but the baby did not. This violent attacker's sentence was upped to 15 years when an appeal judge pointed out that the initial sentence did not address the issue of domestic violence or that the victim was pregnant with his baby. A violent crime against a pregnant woman needs to be treated as the serious crime that it is. Right now, criminal sentences in Canada do not consider harm done to a pregnant woman when an assault is committed. Nelson Mandela said, “Safety and security don't just happen. They are the result of collective consensus and public investment.” Violence against women, especially pregnant women, is not a private family issue. It is a public safety and security issue, and it needs the urgent attention of this House. Among Canadian women who have reported being abused by an intimate partner during pregnancy, 40% said that the abuse began during pregnancy. In recent years, there have been more than 70 cases in which pregnant women have been murdered, and the effect of the death of the unborn child was not a factor at sentencing. The story of Tashina General from Brantford is particularly disheartening. In 2008, a Brantford man strangled Tashina to death. She was his 21-year-old pregnant girlfriend. He then attempted to hide Tashina's body by burying her in a shallow grave. He committed this gruesome and horrific crime against Tashina, as the evidence came out, simply because he did not want to bear the responsibility of being a father, despite Tashina's choice to be a mother. Only eight years later, this murderer was set free. Tashina's grandmother, Norma General, still wonders what her great-grandson would have looked like and what kind of personality he would have had. She never had the opportunity to hold her first great-grandchild because of the despicable actions of a misogynistic killer. It is not only intimate partner violence to which pregnant women are vulnerable. Pregnant women are also the target of unprovoked attacks by strangers. Last year on Vancouver Island, a pregnant woman walking down the street with her four-year-old daughter had a brick thrown at her stomach in a random attack. The fact that the victim was pregnant was not seen as an aggravating factor. I will let that sink in. In another case, a pregnant woman in Surrey was attacked at a bank. An unknown man approached her from behind and violently threw her to the ground. Women who are pregnant are vulnerable, and they should be treated as vulnerable when it comes to sentencing. Offenders will often cite an unplanned pregnancy or the stress caused by having to potentially financially support the baby as excuses for these crimes. The uncaring government has turned its back on women who choose to have a child. Its members are blinded by differences with the member for Yorkton—Melville on other matters, and that is blinding them to this bill. A vote against this bill is a vote against choice and women, and it would be misogynistic. They say that they are for choice, but only if we agree with that choice, and that is no choice at all.
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