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Member of the National Security and Intelligence Committee of Parliamentarians

Don Davies

  • Member of Parliament
  • Member of the National Security and Intelligence Committee of Parliamentarians
  • NDP
  • Vancouver Kingsway
  • British Columbia
  • Voting Attendance: 59%
  • Expenses Last Quarter: $153,893.57

  • Government Page
Context: House Hansard - 189 - May/2/23
Mr. Don Davies (Vancouver Kingsway, NDP)
Madam Speaker, I am pleased to rise today to express, on behalf of my New Democrat colleagues, our support for Bill C-321, an act to amend the Criminal Code, assaults against health care professionals and first responders. Once again, I would like to offer my gratitude and congratulations to my colleague from Cariboo—Prince George for his constant attention and care to our frontline responders in this country. This is a continuation of his fine work in this area. In brief, this legislation amends the Criminal Code to require courts to consider the fact that victims of an assault were at the time of the commission of the offence a health care professional or a first responder engaged in the performance of their duty as an aggravating circumstance when they are the victim of that offence. I think it goes without saying that no health care worker or first responder, in this country or anywhere, should ever be subjected to violence in the workplace. Bullying, abuse, racial or sexual harassment, and physical assault should never and can never be considered just part of the job. These workers care for us at our most vulnerable, and I think we have a responsibility to care for them in return. Violence against health care workers in specific is a pervasive and growing problem in the Canadian health care system. Both the number and intensity of attacks are increasing at an alarming rate. Assaulting a health care worker or a first responder not only harms the individual involved but also puts our entire health care system and first response system at risk. Workplace violence is a major factor driving Canada's dire health staffing shortage, and I am sure it is a dissuading and discouraging factor for people pursing this career. Workplace violence is a pervasive problem in health care settings across Canada. Prior to COVID–19, health care workers had a fourfold higher rate of workplace violence than any other profession. Incidents of violence against health care workers and first responders escalated dramatically during the pandemic. I might say as well that first responders are often the first people on the scene when we are dealing with Canada's overdose crisis, and I do not think I need to point out how pervasive that is in every corner of the country and the danger it presents to them. In a 2017 survey, 68% of registered practical nurses and personal support workers reported experiencing violence on the job at least once that year. Nearly, one in five said that they had been assaulted nine or more times that year. According to the Canadian Federation of Nurses Unions, violence-related lost-time claims for frontline health care workers have increased by almost 66% over the past decade. That is three times the rate of increase for police and correctional service officers combined. First responders, notably paramedics and firefighters, also experienced violence and threats on a shockingly frequent basis. That is why on February 28, 2019, I introduced Bill C-434, an act to amend the Criminal Code, assault against a health care sector worker. That legislation would have amended the Criminal Code to require a court to consider the fact that the victim of an assault is a health care sector worker would also be an aggravating circumstance for the purpose of sentencing. I reintroduced that legislation in successive parliaments in February 2020 and December of 2021. Although the present bill, Bill C-321, before the House today is very similar to Bill C-434, it does not define a health care worker as broadly. This bill is limited to an assault against “a health care professional or a first responder”, but does not define the terms. The bill I introduced was specifically drafted to ensure that, when we talk about a health care worker, we include not only professionals, but everybody who works in a health care setting, from the porter who greets people at the door, to the orderly and the admin clerk, many of whom experience bullying, abuse and violence. I know my colleague has already indicated that he is willing to look at a broadened definition, and I thank him for that because we want to make sure that this contemplated measure does not exclude any health care sector workers who are not members of professional bodies. As has been pointed out by my colleague on the government side, in December of 2021, Bill C-3 was passed in the House, which amended the Criminal Code to enhance protections for health care workers, those who assist them and those accessing health care services, and it received royal assent at that time. Among other measures, Bill C-3 amended the Criminal Code to make it an aggravating factor in sentencing for any offence when there is evidence that, one, “the offence was committed against a person who...was providing health services, including personal care services,” as a part of their duties or, two, where there is evidence that the offence “had the effect of impeding another person from obtaining health services, including personal care services”. By the way, I also think it is important to point out that we ensure that this bill is broadly defined to include any setting in which a health care worker may perform health care services, including in the home, long-term care centres or any other non-conventional place other than a hospital. Unlike Bill C-3, the bill before the House, Bill C-321, broadens that protection, I think very laudably, to apply to first responders who are engaged in their duties but not necessarily engaged in providing health services. This is a welcome improvement. Again, I thank my hon. colleague for broadening this important protection. Assaulting a peace officer is already a stand-alone offence under section 270 of the Criminal Code. The punishment for assault of a peace officer is no more serious than the legislated sentence for common assault. However, the court is likely to consider that the victim, as a peace officer, is an aggravating factor at sentencing. The Criminal Code offences in sections 129 and 270 do define public officer and peace officer, but case law on the interpretation of section 2 shows the varying occupations that have been counted as peace officers for the purposes of prosecutions under the Criminal Code in particular contexts. They have been included to define members of the Anishinabek Police Service and military police. However, despite the existence of cases which mention paramedics or firefighters that cite section 270 of the Criminal Code on peace officers, there are none that I am aware of where the person assaulted was a paramedic or firefighter. Therefore, current case law suggests that first responders are not considered peace officers under the Criminal Code. This omission must be rectified and would be rectified by this bill that is before the House. I have already talked about Bill C-321 employing the term “health care professionals” and how that is not defined in this bill, so we are going to work, I hope collaboratively, to ensure that that definition is broadly expanded. It is similar with first responders, who are not defined in this bill because the Criminal Code does not define this term. Other federal statutes do not either, so it will be important for us to have a good, broad description of that to ensure that any person in this country who is providing first response services in our communities is covered by this legislation. I want to just mention that this is an important step because the Criminal Code is an expression of society's values and priorities. I think sending a message to the Canadian public that these health care workers are taking care of us, that they deserve to be protected and are inviolate is an important message for Parliament to send. I am not sure I understood completely the comments by my hon. colleague from the Bloc Québécois. He did mention some important points about broadening this protection to many other kinds of workers, but there is one key difference. Health care workers and first responders do a job that we ask them to do. We ask them to be there for people when they are in trauma, and we are putting them in a situation that regular workers are not often in. They have no choice but to be there. They have to be there. That is why I think it is particularly important to send the message that they are inviolate and we must protect them. We have to send a message that under no circumstances is it ever acceptable to violate those people, either by word or deed. Finally, I want to recognize that, as important as this bill is, it is only a first step. To keep health care workers and first responders safe, they need resources and tools. We want to prevent them from getting assaulted in the first place so they need proper security. They need proper physical barriers. They need sufficient staffing. We all need greater mental health supports because we also have to recognize that many times the people who are doing the assaults are in some cases victims and are suffering from mental illness and trauma themselves. We have to recognize that we need a comprehensive holistic approach to this problem so we are doing everything we can to prevent the situations that often lead to assaults from happening in the first place instead of dealing with the sentencing after the assault occurs.
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