SoVote

Decentralized Democracy

Jill Andrew

  • MPP
  • Member of Provincial Parliament
  • Toronto—St. Paul's
  • New Democratic Party of Ontario
  • Ontario
  • 803 St. Clair Ave. W Toronto, ON M6C 1B9 JAndrew-CO@ndp.on.ca
  • tel: 416-656-0943
  • fax: 416-656-0875
  • JAndrew-QP@ndp.on.ca

  • Government Page
  • Nov/15/22 5:20:00 p.m.
  • Re: Bill 36 

Thank you to the member for her passionate and informative presentation, and thank you also for raising the fact that sexual assault survivors are often left without any support, frankly, under this Conservative government.

I’m wondering if the member can offer any insight on how the fall economic statement is helping survivors, who currently, in some cases, have to travel out of town for hours, or even go home in the clothing in which they’ve been assaulted, sleeping in that clothing, because there are no staff or there’s a shortage in staff at the hospitals to take care of them. How is this government taking care of survivors, if at all?

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  • Nov/14/22 3:10:00 p.m.
  • Re: Bill 26 

It’s a pleasure to always rise on behalf of our wonderful community in St. Paul’s. Today, I’m adding my words on Bill 26, Strengthening Post-secondary Institutions and Students Act.

I would first like to give a shout-out to the wonderful folks at Counterpoint Counselling and Educational Cooperative Inc. They run a men’s program. The core of their work provides psycho-educational counselling for men who have been abusive to their partners and have been mandated to participate in PAR by the criminal justice system. Services are provided in English, Spanish and Tagalog. That’s just a little bit of information about a wonderful organization that works with survivors and also perpetrators. They recognize that perpetrators have to be part of the solution. It is not only resting on the shoulders—it should never rest on the shoulders of survivors to fix the system. We have to have perpetrators also taking accountability for their action, but we also have to provide them with the space and the opportunity and the community-based resources so that they can shift and become, hopefully, positive, contributing members of their society.

Speaker, every year, an estimated 636,000 cases of sexual assault are self-reported across Canada, including 41% reported by students at post-secondary education. In 2021, 34,242 cases of sexual assault were reported to the police. That is 18% higher than 2020 and the highest number since 1996. This cannot be okay.

This Conservative Ontario has the lowest per-student funding in Canada. This means that, here in Ontario, some of the highest tuition costs, the highest loan repayments, are sitting on the shoulders of students while they try to navigate the academic, social, emotional and physical realities of post-secondary education. All the while, the government is sitting on billions of surplus dollars that over the next several years—could be useful now while we’re trying to fix our post-secondary institutions, our education sectors, our health care sectors. I could go on.

But anyway, I wanted to say, in our riding of St. Paul’s, we are home to the George Brown Casa Loma Campus situated within our Tarragon Village community. Many post-secondary students in St. Paul’s attend GBC, where students have access to a variety of academic centres and schools, from the School of Apprenticeship and Skilled Trades and School of Mechanical Engineering Technologies to the Centre for Arts, Design and Information Technology, where post-secondary students can thrive; the School of Computer Technology; School of Fashion and Jewellery, etc., etc., etc.—thriving today and building what they hope will be careers tomorrow.

Outside of GBC, of course, St. Paul’s students are all across our country, and while they’re across our country, while they’re anywhere they are in post-secondary education, we’re hoping that they are trying on leadership roles, building healthy relationships, and that they’re building a network that, frankly, they will have a lifetime. What students do not go to school to experience is sexual assault. They shouldn’t have to experience sexual assault. That should never be part of the experience at schools.

For any students watching who may have experienced violence on campus, I want to remind you that it is never your fault. You did not deserve this, and whatever feelings you are feeling right now are incredibly valid.

George Brown College’s sexual violence response adviser can be reached at 416-415-5000, extension 3450. They’re always there to answer the call.

For many post-secondary students, going off to college or university, whether living on or off campus, truly is the first time that you’re away from home, that you’re away from some of those familial connections that you need to feel safe. Post-secondary may also be the space where prior conversations on consent, safe and healthy relationships become centre stage as students are being exposed to school communities much larger than their high schools, for instance, and in some cases much larger than their home communities even.

It is because of this, among many other reasons, why it’s crucial that institutions of higher learning are safe spaces so students, regardless of age, can feel safe and supported. If anything, this bill needs to help create safe spaces for students, but it cannot only look at student or employer-to-student sexual violence; it should also include student-to-student—grad students as well.

I want to mention, on the piece around schedule 1, subsection 1(6), which was even difficult for me to fully weed through, let alone someone who may never have seen a government bill before, it needs to be clear that the NDAs should be banned. The fact that they are allowed until the end of the judicial process could essentially silence someone for two years, two and a half years, three years—however long that process takes. And we know that NDAs are harmful in cases of sexual assault. They work to protect the perpetrator, to prop up their power and privilege while handing perpetrators a licence to repeat their violence, quite frankly, over and over again, untouched, all while sexual assault survivors are muzzled from speaking their truth.

They also have the impact of preventing sexual assault survivors from seeking the counselling or reaching out to their friends and family about their experience for support in fear of breaking the agreement. Students need to have access to the resources of their choice to talk their trauma through. This is fundamental to a survivor’s recovery. So it needs to be clear what this NDA ban does, or what an NDA ban would and would not do. That needs to be clear in your legislation.

The bill also seeks to ban the reemployment of employees within public and private institutions who have been discharged because they have sexually assaulted a student. The bill also defines sexual abuse in relation to a student of a public institution. It seeks to ensure that students are free from a reprisal or threat of reprisal for the rejection of sexual solicitation or advances.

Again, these are pieces that the bill suggests, and I think it needs to be very, very clear how the bill is helping survivors, how the bill is helping build communities, school communities, and, I would even argue, just community-based resources period, because of course, students may be part of their school community but they’re of course part of their larger community as well, too.

I urge this government to look closer at the realities of student life, to expand this bill’s first two schedules, which remain limited, as I said earlier, to employee-student misconduct. Sadly, sexual assault and rape culture on campus is much more pervasive. And as I said earlier, it also includes student-to-student dynamics.

A 2021 article from Maclean’s magazine reported that 23% of Ontario university students have experienced non-consensual sexual contact. Meanwhile, 63% have experienced sexual harassment; 5% of women and 2% of men have said that the perpetrator was a professor or an instructor. So I cannot highlight enough that it cannot simply be only about students and employers. We need to also look at student-to-student ratios.

Another report from Statistics Canada, published in 2020, showed that nearly three quarters of university students in Canada “witnessed or experienced unwanted sexualized behaviour in a post-secondary setting in 2019—either on campus, or in an off-campus situation that involved students or other people associated with the school.”

And I have to say, when I read words like “misconduct” and “unwanted sexual behaviour” and “negative sexual encounters,” I do think that part of addressing the problem is naming the problem. I think we should be using correct language. Rape is rape. Sexual assault is sexual assault. Abuse is abuse. Efforts at “respectable language” does nothing but erase the significance of the violence against sexual assault survivors who, I cannot underscore enough, are disproportionately women.

I want to also take some time to mention the words of the member for Kitchener Centre, who has done fantastic outreach as the critic for colleges and universities: “A lot of the sexual violence happens between students and students—so the other missing piece is grad students. They are both an employee of the institution and a student.... So what happens if they are the perpetrator and they are fired ... but they’re still a student? Does that mean the survivor has to be in that program (with them)?”

Our member from Kitchener Centre has also warned that without minimum standards—the member from Toronto Centre has also raised this—for how these investigations happen or by whom, the government’s tinkering will not get us to our goal. I echo her questions about what implementation of this bill will look like, and whether or not the government is ready to invest actual finances into post-secondary education to end gender-based violence in post-secondary education.

This work requires long-term, stable funding to ensure financial security, but it also involves culturally relevant supports, supports that are in all languages, supports that are ready to reach survivors where they are, along the continuum of healing as well as the continuum of justice.

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