- Member of Parliament
- Member of Parliament
- NDP
- Esquimalt—Saanich—Sooke
- British Columbia
- Voting Attendance: 66%
- Expenses Last Quarter: $148,586.11
- Government Page
Madam Speaker, I am pleased to be speaking to Bill S-12 today, as it would address one of the recommendations of the Standing Committee on Justice and Human Rights report entitled “Improving Support for Victims of Crime”, which was tabled in the House in December 2022.
When the justice committee began its study on victims of crime more than a year and a half ago, the member for Victoria brought to my attention the bizarre and unjust situation that survivors of sexual assault face in their current circumstances, which is that survivors regularly suffer from restrictions on their ability to talk about what happened to them and sometimes even suffer penalties for violating court-ordered bans on the publication of information that would identify their own names. It is important to note that these bans are routinely imposed in sexual assault cases across Canada. Anecdotally, we know it approaches 100% of the time. It is also important to note that most of the time, this happens without survivors' being aware that the publication ban is in place.
Bill S-12 would fix that by requiring notification of survivors. There are many reasons a survivor might choose to or inadvertently violate such a ban. Some feel that such publication bans inadvertently protect the perpetrators by the necessity of protecting their identity in circumstances where the publication of the perpetrator's identity would identify the victim. Others feel the idea of publication bans itself is based on an archaic and misogynist idea that sexual assault victims are somehow responsible for what happened to them and should be ashamed.
To be clear, some survivors do want their privacy protected by having publication bans in place, but others believe that public safety requires them to let family, friends and members of the public know of a risk of sexual assault they might face, by identifying the fact they were assaulted and who the perpetrator was.
At this point, I want to express my thanks to the survivors of sexual assault, and in particular those from the group My Voice, My Choice, who risked retraumatization by coming forward to committee and talking in public about their own personal experiences, in order to get the legislative change they need, in the hearings before the justice committee on victims' rights that began in October 22, more than a year ago.
Again, I want to thank the member for Victoria, who brought this situation to my attention and then introduced a private member's bill on the topic in order to try to get the House to act. In addition, I want to thank the member for LaSalle—Émard—Verdun, the former minister of justice, who decided to include measures to restore agency to survivors of sexual assault by including it in Bill S-12.
The government did not choose a path, using a Senate bill, nor did it choose a timetable, at the last minute, that New Democrats might have chosen. This has left us with little time to meet the deadline for passage of Bill S-12 and therefore with little time to consider all of the important amendments suggested by My Voice, My Choice, without endangering the fate of this bill as a whole by causing a to and fro between the House and the Senate. Now, we have a bill that, had it been on a better path and a better timetable, could have been even better in meeting the needs of survivors of sexual assault. However, we still have a bill before us that, I am assured, would make the necessary fundamental changes to restore agency to survivors and to ensure that there would not be prosecutions for violating bans of those whom they were supposed to protect.
Let me turn briefly now to the other half of Bill S-12, which provided the original impetus for the bill. The Supreme Court of Canada decision requires revisions to the sex offender registry. The Supreme Court found that automatic lifetime registration for those convicted of listed offences was overly broad, and as a consequence, was capturing some who were very unlikely to reoffend. I know some argue that all must be listed, but it is important to remember that if we list people who are at very low risk to reoffend, we waste public resources that might better be used to monitor the higher-risk offenders.
Instead, Bill S-12 would meet the Supreme Court's challenge by implementing the presumption of registration of those convicted. This would mean that a very small number of those convicted of listed offences could ask a judge to use their discretion to exempt them from legislation. The estimates are that it would be probably far fewer than 10% who could ask for that exemption.
The bill would also strengthen the sex offender registry in a couple of important ways. Most importantly, to me, it would add the offences of non-consensual distribution of intimate images and so-called sextortion to the list of offences that would result in registration as a sex offender.
In our modern world of overuse of social media, overuse of the Internet and overexposure of everyone to everything, these offences sometimes may seem trivial. However, we must remember that with non-consensual distribution, intimate images last forever on the Internet, and I think those who perpetrate this need to understand that these offences will be taken very seriously and that they will be monitored as sex offenders on the registry to make sure they do not engage in this kind of behaviour again.
I would like to conclude with thanks to all the parties that have worked together to get this legislation here today in time to meet the Supreme Court of Canada's deadline. I know that some parties still have reservations and I know that some of the victims would like to have had more amendments made to the bill. However, I do believe that we have it in a form in front of us today that will help restore agency to survivors of sexual assault in the future. I think that is a very important reason for us to act promptly.
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Madam Speaker, I am pleased though a bit surprised to be speaking on Bill C-230. Less than a year ago, on May 27, 2021, we were in the House debating Bill C-268, the very same bill from the very same member for Carlton Trail—Eagle Creek. While I am a bit in awe of the member's ability to place so highly in the random draw for Private Members' Business in two successive Parliaments, I am also at a bit of a loss to explain why the member would squander her luck on this bill.
There are two reasons I say this. As MPs we get limited opportunities to place bills directly before the House. I had that opportunity in 2013, and I used it to put forward Bill C-279, which sought to add gender identity and gender expression to the list of prohibited grounds for discrimination in the Canadian human rights code and in the hate crime section of the Criminal Code. Though many thought it unlikely, the bill did pass the House with support from MPs from all parties. It took a lot of work to put together that coalition of MPs. While my bill followed a somewhat torturous path, there was always a path forward and it became law.
I wonder why it is that having heard so clearly, in speeches less than a year ago, that there was limited, if any, support for this bill outside her own party, the member for Carlton Trail—Eagle Creek has brought it back again. Since there is nothing to indicate any change of circumstances or any change of heart, this bill will go nowhere this time as well. Failing to bring forth a bill that might have some prospect for passing or reintroducing this bill instead of bringing forward a new bill presenting ideas not already debated here in the House leads me to call reintroducing this bill, at best, a missed opportunity.
The second reason I have for declaring the reintroduction of this bill a lost opportunity has to do with the bill itself. This bill picks up a tiny portion of the extensive and important debates on medical assistance in dying that took place on Bill C-14 in Parliament in 2016 and again on C-7 in the last Parliament. It seeks to take one small and very debatable point and turn it into a wedge issue in the House.
We are waiting for the Special Joint Committee on Medical Assistance in Dying to get down to work on outstanding important and critical issues around medical assistance in dying, but as that committee has yet to get under way, I want to take this opportunity today to restate the principle that has guided New Democrats through these debates.
We believe that medical assistance in dying is an important tool for helping to end unnecessary suffering for patients facing end-of-life issues and for avoiding the unnecessary suffering of their families, who have to accompany them on this journey. This is the reason New Democrats will always defend the right of access to information about MAID and access to the service for all those who qualify for assistance in dying and choose to proceed.
In the debate on Bill C-7, many issues arose concerning the challenges Canadians face at the end of life, some of which Bill C-7 addressed directly and some which have not yet been addressed. Two important concerns were front and centre, and these, for me, were the most important. The first was to help alleviate unnecessary suffering by eliminating the waiting period, which was a cause of great concern for patients who feared loss of capacity before they could complete the waiting period and thus make them ineligible for medical assistance in dying and forced to consider suffering.
The second was a change allowing a waiver of final consent. This is a provision I know quite well, personally, as a friend of mine chose to go earlier than she would have liked because of a brain tumour and her fear that she would lose capacity to consent at the last moment and, in doing so, have to continue making her family suffer.
A second challenge was also debated in Bill C-7. How do we preserve as much autonomy as possible for Canadians who are dying? Most of the issues related to this still have to be dealt with at the special joint committee. This includes questions of advance directives, the question of access to MAID for those with mental illness and for mature minors, and whether protections for people with disabilities from being pressured to seek MAID are adequate. I remain frustrated with the delays in dealing with these very important issues. The bill before us is not one of those.
A third challenge that came up in the debate on Bill C-7 was access to services at the end of life. We learned there are a great many gaps in services in our Canadian health care system for those who are facing death. There are gaps in diagnostic and treatment services depending on where one lives, whether it is a major city with excellent facilities or a rural and remote area. We learned of important gaps in palliative care.
However, instead of addressing these challenges, the challenges of autonomy and the challenges of access to services, Bill C-230 is about something else altogether. What this bill would do is override a patient's right to access information about and to have access to legally provided medical services, based on the personal beliefs of a service provider.
Let me put that in plain language. Let us suppose there are a variety of treatments available to a patient. It does not really matter in this case what they are. If a medical professional believes that one of them should not be available, this bill says there is no obligation on that professional to make sure patients find out all the options available to them. Professional organizations, like colleges of physicians and surgeons, and colleges of nurses, have found this to be unethical behaviour, so they require doctors, to varying degrees, to refer patients to someone who is supportive of those services and who is available to provide those services.
This requirement to refer exists in its strictest form in Ontario as the right of patients to an effective referral, meaning a referral to a health care professional who is available, capable and willing to provide that service. This has been upheld by the courts as a reasonable compromise between the rights of patients' access to medical issues and the conscience rights of service providers. That is the main reason I cannot support this bill. If passed, it would result, on a very real and practical basis, in the denial of access to necessary health services for many Canadians.
Many communities have a very limited number of doctors and if one of those doctors, or even more than one of those doctors, is unwilling to let their patients find out about medical assistance in dying, then we are condemning those Canadians to suffer at the end of life in ways that other Canadians would not have to suffer. No health care professionals are in fact required by law to participate, and that is why I find titling this bill “intimidation of health care professionals” disingenuous at best. Is requiring a referral actually participation in medical assistance in dying? Clearly it is not, and trying to torque a requirement to provide information into participation helps no one understand the real issues of conscience involved in medical assistance in dying.
An equally important reason for opposing this bill is the dangerous precedent that this bill would set. Its role as a potentially precedent-setting bill has already been noted by anti-choice advocates who have been vocal in their support for this bill. They recognize that it would provide a precedent for denying referrals for access to contraception and abortion services, and I want to point out that denials of service and denials of information are very real in our existing Canadian medical care system.
This bill would also be a very bad precedent for current attempts to deny transgender minors the counselling and medical services they need to affirm who they are. Without access to services that others may think are inappropriate, this will leave families with trans minors struggling to find the information and support that their kids really need. If this kind of precedent is allowed, medical professionals would not have to provide a referral to someone who would be providing a medically necessary service.
As I approach the end of my comments today, I cannot end without mentioning yet another unfortunate precedent set in this bill, and that is its use of inflammatory language. I have no doubt, as I said in my question to the sponsor of this bill, of her personal convictions and their strength. However, as sincere as they may be, the language used in this bill conjures up a spectre of the use of violence to intimidate medical professionals, something of which there is absolutely no evidence of happening in Canada. Invoking the spectre of violent intimidation is certainly not conducive to an informed debate on the real issues that are in question here.
I will close my comments today by restating that, on principle, New Democrats are opposed to any legislation that would limit access to Canadians seeking information about or the service of medical assistance in dying. No matter how strong the beliefs others may hold, this right exists to access medically necessary services. There is no doubt that the end of life is a difficult moment for all families, and medical assistance in dying, I still believe, is an important way of ending unnecessary suffering both for patients and families at the end of life. I would not like to see anyone denied access to information they need to make a choice that protects their own autonomy of how their lives end. At this point, let me salute the health care professionals who assist patients and their families through this very difficult process.
Once again, I lament the tendency of not just this member but, indeed, many Conservative members of the House to use private member's bills for scoring political points and sharpening divisions in the House—
An hon. member: Oh, oh!
Mr. Randall Garrison: —instead of looking for opportunities to work together for the common good of Canadians.
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