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Decentralized Democracy

Lori Idlout

  • Member of Parliament
  • Member of Parliament
  • NDP
  • Nunavut
  • Nunavut
  • Voting Attendance: 67%
  • Expenses Last Quarter: $178,285.32

  • Government Page
Uqaqtittiji, I acknowledge we are on unceded Anishinabe Algonquin territory. I do so while representing my riding of Nunavut. I rise to speak to Bill C-321, an act to amend the Criminal Code regarding assaults against health care professionals and first responders. I thank the member for Cariboo-Prince George for tabling his private member's bill. Since I joined this house in 2021, I have observed that the member is passionate about mental health. The content of Bill C-321 brings forward debate about the circumstances of health care workers and first responders. This amendment, if it passes, would require the courts to consider their position as an aggravating circumstance, therefore possibly impacting sentencing. What does this mean? It means a few things. First, it means that there has already been a trial and the judge is now considering the length of a sentence according to an offence. In their considerations, the judge must consider both the aggravating and mitigating factors. There exist sentencing principles, including circumstances of the individual, evidence from different facts and similarity to other decisions. Much of these form the consideration in determining how long an offender may be sentenced for. The other aspects of consideration are the mitigating factors, which are considerations to lower the sentences. These include, for example, if it is a first time offence or if there is an addiction or mental illness. If there are to be any amendments regarding aggravation in sentencing, there should be an equal consideration for mitigating factors. Addressing violence must be improved. Using the courts is not the right approach. I question the potential effectiveness of this bill in protecting health care professionals and first responders. I question this bill and whether it addresses the increasing incidences in violence that we are told are occurring across Canada. The criminal justice system in Canada is already flawed. It is a penal system that does not do justice for too many already. Currently, section 269 of the Criminal Code outlines the penalties for causing bodily harm to another person. The penalties can include, for example, imprisonment for up to 10 years, depending on the severity of the offence. Before I begin the next part of my speech, I must first honour the memory, family and friends who knew Joyce Echaquan. I struggle with this proposed amendment because there are too many stories like that of Joyce Echaquan's, an Atikamekw woman who livestreamed the abuse she experienced at the hands of hospital staff who should have been there to save her life, not abuse her. Later, it was learned that Joyce Echaquan died of pulmonary edema, an excess of fluid in the lungs. Ultimately, the Quebec coroner’s inquiry concluded that racism contributed to her death. Joyce Echaquan's story is one of too many. According to the Government of Canada’s website, there are inequalities in health of racialized adults in Canada. The website says, “Racism influences access to health promoting resources. Populations who are racialized in relation to a 'white' or non-racialized social group experience stressors including inter-personal and systemic discrimination throughout the life course”. In Canada, racialized people are more likely to be exposed as perpetrators in this system. According to the Canadian Centre for Justice and Community Safety Statistics, among those who were discriminated against, 21% of indigenous people and 16% of Black people said it was when they were dealing with police, compared with 4% of non-indigenous, non-visible minority people who experienced discrimination. In his debate, the member for Cariboo—Prince George shared that some 92% of nurses have experienced physical violence during the course of their jobs. When I hear this, I hear the need for all of us to work better together to make overall improvements and to address violence as a preventative measure, not as a punitive one. While I completely agree that health care workers and first responders must have a safer working environment, they, too, must play an active role in creating that safe space. The criminal justice system must not be the go-to for this solution. I appreciate past attempts in addressing this area, including the work by the NDP. Unfortunately, those past attempts may not have been viewed from a trauma-informed lens. Those past attempts may not have considered that most of them enter the health care and the criminal justice system because of Canada's continued effects of Canada's genocidal policies. I do not disagree that health care professionals are not important. The criminal justice system protects them too. They are not excluded from protections through the criminal justice system. Health care professionals and first responders can have any kind of reason to enter that workforce. They do so wanting to help people in pain and to help those who need treatment. As a caring field, we hope, as individuals, that all of us would be cared for. However, for racialized Canadians, unfortunately, this is not an automatic assumption. When the House of Commons committee studied this area and tabled its report, “Violence Facing Health Care Workers in Canada”, I am not sure what contributing factors it explored that might be leading to the increases observed. I do not discredit any of its work, I only ask that there be closer attention paid to how Canada's lack of investment has led to increases in the exposure to these circumstances. I only ask that there is an acknowledgement of how systemic racism might be perpetuated by accepting the bill before us. It would not address violence in the workplace, which is what the intent of the study tried to address. I would ask this Parliament and this government what they have done to implement the other recommendations made in the standing committee report. I also highlight the Truth and Reconciliation calls to action, which has offered solutions, including calls to action 18 to 23. I would also remind parliamentarians about the MMIWG calls for justice. I highlight 10.1, which calls for the mandatory training of Crown attorneys, defence lawyers, court staff and all who participate in the criminal justice system. I will conclude by sharing some quotes. The Canadian Centre For Justice And Community Safety Statistics states, “Discrimination or victimization based on individual characteristics that are visible parts of identity can also have broader ramifications beyond the individual who is targeted.” In a CBC article, the Minister of Indigenous Services said, “The systemic racism endured by Indigenous people in Canada's health care system exists because the system was designed that way.... Sadly this is not shocking to me.... Racism is not an accident. The system is not broken. It was created this way. And the people in the system are incentivized to stay the same.”
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