44th Parl. 1st Sess.
June 22, 2022 02:00PM
Madam Speaker, I thank my colleague for both his support and his speech. I also look forward to the discussion at committee in the fall on this issue.
LEAF, one of the major organizations representing women, said, “LEAF supports this thoughtful, nuanced, and constitutional legislation to address the narrow gap resulting from the [Supreme Court of Canada] decisions.”
I wonder if my friend opposite could comment on that. I recognize that there may be some limitations that he identifies, but the general consensus that has been received is that this is a sound bill that is based on consultation with many experts in the field.
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Madam Speaker, I thank the hon. parliamentary secretary for his work on the justice committee. It is good to work with him.
The point is that we have a justice committee, and when the government brings in legislation and it gets to committee, we study it and bring in experts. LEAF has made commentary and no doubt would be a witness if this bill were before our committee. Likewise, the National Association of Women and the Law has made commentary in public and would also likely be a witness at our committee.
That is the point. Without being rushed, we would be able to study this bill at committee and hopefully improve it if necessary. However, by its being introduced last Friday, we do not have that opportunity. We need to act with urgency, but in the fall we need to make sure that if there is any way to improve the law beyond this, we take further action.
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Madam Speaker, how important is it for us in Parliament to ensure that we are strengthening laws to make sure we are protecting women at this time, who are often targets of sexual assault?
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Madam Speaker, my hon. colleague is absolutely right. We have heard from different organizations that the Supreme Court decision puts women at risk and that we have to act with urgency. We called on the government to act right away, because it knew there was a vulnerability there, and we know the response could have been sooner.
As I said, we waited 40 days for this, and I would have liked for those different women's organizations to give input at our committee. As some of them are suggesting, we could have improved the bill.
The hon. member is right that we need to act with urgency, making any improvement to the law to fill this gap. We need to do that now, but always with an eye to looking at how we can further strengthen the law in the future.
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Madam Speaker, my colleague talked about the importance of addressing gender‑based violence, and I hear him loud and clear. However, when he talks about proposing improvements to the bill this fall, does he have any idea what he would like to propose if he ever wanted to revisit this?
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Madam Speaker, one of the proposals put forward by the National Association of Women and the Law is absolutely shutting the door on the defence of self-induced extreme intoxication caused solely by the consumption of alcohol. That is one proposal that I would have liked to hear some more thought and evidence on.
Also, on the threshold that is in place, there are concerns that the threshold for the prosecution to meet in order to get a conviction would be set too high by this legislation. There are suggestions of alternatives that would lower the bar for prosecution. We want to make sure that offenders are held accountable for violent acts committed against fellow Canadians and that this court decision does not result in people who should be held accountable not being held accountable.
I am always open to hearing diverse views on how we can improve and strengthen legislation, and we need to take the time at justice committee to do just that.
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Madam Speaker, I am pleased to rise to speak to Bill C‑28 this evening, in part because it got me to look over my old class notes. I am trained as a lawyer, but I certainly do not claim to be a criminal lawyer. As a result, while reading the Brown decision, I had to go back and review some of the concepts to refresh my memory.
Tonight's debate is taking place in the knowledge that, in any case, the bill will be passed at the end of the discussions that will take place. The content of the bill will not be changed in any way this evening. I think this may be a good opportunity to recap the events that led to the bill we are debating. Furthermore, I will certainly have a lot of fun this summer discussing the bill with my friends in criminal law, who already had a few things to say to me when they read the content of the bill. I hope this is something that will be done again in the fall because there are potential improvements to be made to Bill C‑28.
To explain why we are talking about extreme intoxication as a defence, we have to go back to the Daviault case. The year is 1989. Seventy-three-year-old Henri Daviault is a chronic alcoholic. One evening, a friend of his wife's asks him to bring her some alcohol. After drinking seven or eight beers at a bar, he sets out with a 40-ounce bottle of brandy to bring to her. He arrives at the home of the woman, who is partially paralyzed and uses a wheelchair. All we know of what happened next is that he drank all or most of the 40 ounces of brandy, and the next morning found himself naked in the woman's bed after sexually assaulting her, which he does not remember.
Mr. Daviault pleads automatism. He argues that he was in such an extreme state of intoxication that it was almost like sleepwalking. He was not aware of what he was doing. This is not the same as simply forgetting the next morning what happened the night before. This is about not being able to control one's body. His defence is supported by toxicological evidence. One expert states that after consuming that amount of alcohol, most people of normal constitution would have ended up in a coma or even dead.
The evidence is accepted by the Supreme Court, which considered whether a state of intoxication so extreme that an accused is in a state that bears a striking resemblance to automatism or mental illness as defined in section 16 of the Criminal Code can be used as a defence following a crime that requires not specific intent, but only general intent. Can this be used as a defence? The court decides that, yes, the principle of automatism can be used as a defence in cases of general intent offences. It is almost a though a new defence has been created.
The majority opinion in Daviault was criticized for its “alarming lack of consideration of the social context of sexual assault particularly for women and children”. At the time, Professor Grant argued that “alcohol is often implicated in gendered violence, and therefore strong equality protections are necessary”. She wrote, “The suggestion that someone could be too drunk to be convicted of sexual assault shocked the public's sense of justice and common sense”.
Parliament was therefore kind of stuck with the Supreme Court decision that allowed the defence of extreme intoxication in cases involving offences such as sexual assault and other general intent offences such as assault. That was the background to Parliament's adoption of the old section 33.1, which was at issue in Brown. Section 33.1 eliminated the defence of self-induced intoxication akin to automatism applied to the violent offences identified in subsection 33.1(3) where the accused departed markedly from the standard of care described in subsection 33.1(2).
In its response to Daviault, Parliament sought to supply a link between the intention to become intoxicated and the intention to commit a crime of violence identified by the majority. In a way, the two intentions were conflated, which was part of the problem in Brown with respect to the constitutionality of section 33.1. I will come back to that.
The purpose of drafting the section at that time was, as noted in the preamble to what was then Bill C-72, the fact that domestic and sexual violence have “a particularly disadvantaging impact on the equal participation of women and children in society”. Parliament was particularly mindful that the accused should not be allowed to use self-induced intoxication to justify acts of violence against women and children.
The purpose of using the Oakes test was to determine whether section 33.1 passed the test of the Canadian Charter of Rights and Freedoms and whether it was constitutional. In essence, this was Brown's challenge to the Supreme Court of Canada; he stated that this section was not constitutional and he should not be subject to it.
When applying the Oakes test, it must first be established that there is an infringement of the Charter caused by the wording of the section. Is there an infringement? The Crown submitted its arguments and the judges held that, contrary to the Crown's contention, the “marked departure” standard of fault in paragraph 33.1(2) clearly applies to the violent offence, not to the act of self-induced intoxication.
As I was saying, Parliament sort of combined these two principles, so that when a person committed an offence, such as sexual assault or assault, they were always departing from the standard of good conduct. That person automatically ended up being subject to section 33.1 and having no defence to put forward.
What was said, and what the judges held, was that section 33.1 operated akin to a regime of absolute liability by allowing conviction without proof beyond a reasonable doubt that the accused intentionally or voluntarily committed the offence. Section 33.1 improperly substituted intent to become intoxicated with intent to commit a violent offence.
Section 33.1 directed that the accused was criminally responsible even in the case of involuntary conduct. Because involuntariness negates the actus reus of the offence, involuntary conduct is not criminal, and Canadian law recognizes the requirement of voluntariness for the conviction of a crime, the person was deprived of an aspect of fundamental justice. The judges wrote that the defence of automatism denies the element of voluntariness and therefore negates the actus reus of the offence. Involuntary conduct is understood to be genuinely exculpatory because, while the prohibited act was harmful, the accused lacks the capacity to answer for what they did. A physically involuntary act, however wrongful in outward appearance, is not a guilty act that can be imputed to an accused.
What this means is that this defence, in this context, appears to be a violation of a charter right, because it amounts to an absolute liability offence. As soon as a right is violated by the Charter, the Oakes test can be used to determine whether upholding the section in question is justified, in the context of today's society and in spite of the fact that it infringes on a charter right.
There are several steps to the Oakes test. First, the section in question must respond to a pressing and substantial need. Then, there must be a rational connection between the objective and the means used to achieve it. After that, it must be proven that the section is minimally impairing and that there is no less rights-impairing means of achieving the objective. Lastly, there must be proportionality between the effects of the section and the objective.
For the first step, there must be a pressing and substantial objective. As I already said, parliamentarians went through this exercise when they drafted section 33.1. This was even mentioned in the preamble, which pointed to the broad reasons the section was enacted in the period following Daviault, namely the protection of the victims of extremely intoxicated violence and a sense that the law should hold offenders accountable for the bodily harm they cause to others when, by choice, they become extremely intoxicated.
It was in this context and with these two specific goals in mind that Parliament drafted section 33.1. The Court agreed that the section served a pressing and substantial purpose and cited Justice Lamer in Robinson: “There is no question that the protection of the public from intoxicated offenders is of sufficient importance to warrant overriding a constitutionally protected right or freedom”. The first part of the Oakes test was satisfied.
The second part of the Oakes test is that it must be proven that the means has a rational connection to the objective. I will quote the Supreme Court, which upheld the Court of Appeal ruling that the deterrent and denunciating effects of section 33.1 provide a rational connection to Parliament's protective objective.
In addition, s. 33.1 is rationally connected to the objective of holding individuals accountable, in as full a manner as possible, for the choice to become extremely intoxicated and the violence committed while in that state. It is obvious that where a person is foreclosed from advancing a defence that could result in an acquittal, that person is held accountable for something they otherwise would not be.
The second part of the Oakes test is satisfied here.
It is on the third part of the test that things start to get dicey. That is where the court is suggesting to Parliament—which is rather exceptional— what legislators could do to rewrite section 33.1 so as to make it constitutional. The court analyzed the third part of the Oakes test to see if there was any way for the rights of the accused to be less substantially impaired while still meeting the original objectives of that section of the act.
The court suggested two options. The first, and some members have spoken about it, was to create a separate offence that would criminalize the act of becoming so extremely intoxicated that a person puts themselves in a state that is dangerous to others. However, Parliament has dismissed that option in the past for two different reasons.
I, too, submit that this option would not be the right course of action to replace what we currently have in Bill C-28. It could be a subsidiary or complementary approach, but it is not the right way to replace section 33.1. In fact, it could open the door to lesser sentences for offences committed in a highly intoxicated state. Some people even called it a “drunkenness discount”. For example, the sentence for voluntarily becoming highly intoxicated could correspond to dangerous driving and the person might avoid being sentenced for aggravated or sexual assault.
The other problem is that the real harm caused by the offender would not be recognized. This approach would imply that the offender should not be held responsible for the harm they did by committing assault or sexual assault. This option should not replace the current wording of Bill C-28, but could be used as a complementary approach.
The second option upheld by the court was to review, to a certain extent, the question of the marked departure by intoxication. The idea was that individuals could still be found guilty where there was a genuine marked departure from the situation in which they had placed themselves. Parliament asserted that it was open to Parliament to enact legislation to hold extremely intoxicated persons accountable for violent crimes where they had chosen to create the risk of harm by ingesting intoxicants.
In other words, perpetrators could be held accountable for the offence in subsection 33.1 if the legal standard of criminal negligence required a demonstration that both the risk of loss of control and the risk of the resulting harm were reasonably foreseeable. In either scenario, Parliament would enact a law based on the moral instinct that individuals who choose to become extremely intoxicated can legitimately be held responsible for creating a situation where they threaten the integrity of others.
That is what Parliament is proposing as the alternative to the current subsection 33.1(2). Since it had proved that there were other legislative solutions that would achieve the same objectives and be less harmful to the accused, the court concluded that the minimal impairment standard of the Oakes test had not been met. As a result, the court found that section 33.1 should be declared of no force or effect.
Finally, the last component requires proportionality between the limitations to the section of the law and the legislative objectives. The court ruled that the risk of imprisoning the morally innocent outweighed the objective of protecting society.
All of this influenced the wording of the new section 33.1. Now, rather than associating the departure from the standard with the offence, it is actually associated with the person's consumption, that is, the way in which the person induced their own state of extreme intoxication.
I want to raise two points in connection with that. As I said, Bill C‑28 is being passed a little hastily, unfortunately. The courts tasked with interpreting its provisions will not be able to consult the debates of the House on this bill to understand the legislator's intent because they were so short, abbreviated even. That is kind of problematic.
Nevertheless, there was also an urgent need for action. If the legal void created by invalidating section 33.1 was not filled, we could have seen a situation like what happened right after Daviault, when there was a distinct possibility that an accused could raise the defence of extreme intoxication akin to automatism. In the absence of any structure, it made sense to act quickly.
Having said that, certain questions remain unanswered, and there have been some criticisms. I am thinking in particular of Professor Hugues Parent, who was quoted as saying the following in yesterday's edition of La Presse:
“The problem—and it is a serious problem—is that by limiting extreme intoxication to a state akin to automatism, the government is discounting states of intoxication that do not disrupt the individual's awareness, but that affect their sense of reality, such as psychosis.”
Automatism induced by a substance, such as a drug, is “very, very rare”, said Mr. Parent. In his more than 20 years of research on this subject, he saw the courts accept no more than four cases.
However, cases of psychosis triggered following drug consumption, where the highly intoxicated individuals are aware of their actions, “occur very frequently, as police and psychiatrists will tell you”. But these individuals are not covered by Bill C‑28...
This deserves another look. I submit that the automatism defence is a common law creation and that it is not expressly mentioned in the wording of the proposed section 33.1, any more than psychosis is. The interesting thing about the Brown decision is that it says that Brown was in a psychotic state akin to automatism. Maybe that is covered by section 33.1, but maybe not. That is worth exploring.
The proposed section 33.1 reads as follows: “A person who, by reason of self-induced extreme intoxication, lacks the general intent or voluntariness ordinarily required to commit an offence referred to in subsection (3), nonetheless commits the offence”. Does that not also encompass psychosis? Is there not a mens rea defence that in any case would fall outside section 33.1? It is a valid question.
As I was saying, it would be good if the government could avoid falling into the same old bad habits this fall when the time comes for the ex post facto review of this section in committee. If we encounter pitfalls, if we observe that the interpretation is not clear when it comes to substance addiction, the type of drug consumed, the individual's predisposition, or the emotional or family circumstances, I hope the government will have the humility to be open to amending the proposed section.
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Madam Speaker, I thank my colleague from Saint‑Jean for her speech.
I am glad that she said she was not a criminal law expert, because if she were, we would have gotten another great lesson. I congratulate her on giving such an excellent, well-documented and detailed speech, as usual, especially on a topic like this one.
With respect to Bill C‑28, I must admit that I am not naturally a particularly open-minded person. This is a humble confession, but I was reassured to see that this is being taken seriously by the Minister of Justice and by parliamentarians. I also want to commend my colleague from Fundy Royal, who collaborated in the drafting of this bill.
The member said in her speech that the government would refer this bill to parliamentary committee to address certain aspects. We had to move quickly in response to the Supreme Court decision, but is the member, as a lawyer, reassured by the fact that this issue will be dealt with again in parliamentary committee this fall?
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Madam Speaker, in a way, I am reassured that it has already been announced that there will be an ex post facto review of the measure. I would hope that legal professionals will be invited. My criminal law colleagues for both the Crown and the defence would certainly have some interesting things to say. I imagine it will be most interesting to analyze the section as applied.
I will say it again. The government must “consider the objective foreseeability of the risk that the consumption of the intoxicating substances could cause extreme intoxication and lead the person to harm another person”.
What is “objective foreseeability”? As I said, how should substance addiction, the type of drug consumed, the individual's predisposition, their past experience with drugs, and their emotional and family circumstances be taken into account? All these factors open the door to myriad interpretations. Does the government want to clarify that or not? That is a valid question. Perhaps there will be more answers in parliamentary committee.
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Madam Speaker, I would like to thank my colleague.
I would like to just reflect on the past 40 days or so since the Supreme Court decision came about. The government has moved expeditiously to put forward this legislation. We thank the member and her party for their support and look forward to studying this bill at committee later on this year.
I want to ask her what she has been hearing from key stakeholders. I know that on our end, for example, we have heard this from LEAF:
LEAF supports this thoughtful, nuanced, and constitutional legislation to address the narrow gap resulting from the SCC decisions.
Could the member comment on what she has been hearing from key stakeholders in her riding and in Quebec?
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Madam Speaker, I am not the justice critic, so, unfortunately, I cannot say that I have had the privilege of meeting with women's groups, among others, that might have had a thing or two to say. I opted to focus more on the practical legislative aspect of the issue with my colleagues, some of whom are more knowledgeable about criminal law. They said there may or may not be some room for improvement. Perhaps once the parliamentary committee completes its study, it will conclude that Bill C‑28 is well written.
What is important to remember is that we have a Supreme Court ruling explaining why section 33.1 was not constitutional and suggesting an approach for drafting the new bill. What we do not want to do is draft a new bill on behalf of women's groups and others that will also be overturned by the court in the end. We have to keep that in mind.
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Madam Speaker, everyone has talked about the importance of prevention and, above all, the need to take action on sexual assault.
Could my colleague also share her comments on the need for the government to act more comprehensively to end violence and sexual assault against women?
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Madam Speaker, I think that in some ways, it is even more important to tackle this problem than it is to address Bill C‑28. It is important to remember that the bill deals with extremely rare cases. Extreme intoxication to the point of automatism is not a common occurrence. We have seen it only a few times over a period of 30 years, while sexual assault offences are sadly far more common. With that in mind, it is even more important to tackle this problem directly and much more aggressively. Although what we are doing tonight is absolutely necessary, the focus should be more on sexual assault.
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Madam Speaker, I am just going to ask my colleague a question and take the opportunity to thank her once again for her work during this session.
Unfortunately, the session is ending with a bill that touches on a very sensitive issue. Women's groups have many questions and doubts. It is clear that the issue of defences in cases of sexual assault is extremely delicate.
What message does this bill send, as part of a continuum? I see that the stars are aligning at the moment for us to work on this issue. I am thinking in particular of the Standing Committee on Canadian Heritage and the Hockey Canada case. There has been a lot of talk about the importance of working on the culture of toxic masculinity and how we educate young men about their behaviour towards women. Similarly, the Standing Committee on the Status of Women just did a study on intimate partner violence. Today, this bill is being introduced. These are extreme cases. How does this add to a series of really important measures to be able to work on this important issue?
Statistics show that people are often intoxicated in cases of sexual assault. The numbers are staggering.
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Madam Speaker, there is the whole issue of how to deal with different types of sexual assault. My colleague mentioned a few. I would say that this is a different issue. We cannot see the bill as being part of a continuum because we are responding to a Supreme Court of Canada decision, and we could not anticipate exactly when it would be handed down. It is rather unfortunate that the ruling was handed down at the end of the session. We could not tell the Supreme Court of Canada to delay its decision until the fall or to release it sooner so we would have more time. That was out of our control.
I therefore do not think it belongs in a continuum of measures for other problems. It is really something that fell into our lap. The Supreme Court of Canada could have decided not to strike down the section. Then we would have had nothing to do. In short, we had no control over the Supreme Court of Canada's decision, and we are never supposed to have any.
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Madam Speaker, I am pleased to be speaking tonight on Bill C-28, though perhaps not to be speaking at this hour, but I am glad to see Parliament acting quickly in response to the Supreme Court of Canada decision in R. v. Brown, which found section 33.1 of the Criminal Code, prohibiting the use of the extreme intoxication defence, unconstitutional. That was on May 13 of this year, only some five weeks ago.
It is important to note that the Supreme Court found section 33.1 violated the charter, both section 7, which provides protection for life, liberty and security of the person, and section 11(d), which protects the presumption of innocence. It is also important to note that our legal system has gone back and forth over time on the legality of using extreme intoxication as a defence in crimes requiring an element of intent.
The Supreme Court of Canada, before the charter, in 1978, in a case called R. v. Leary, said it never could be used as a defence in those kinds of cases. However, after the charter was established in 1994, in a case called R. v. Daviault, the Supreme Court overruled what I guess we could call the previous common law rule and restored the possibility of using extreme intoxication as a defence, finding that the prohibition violated the charter.
The details of the Daviault case were particularly horrible, which other members recounted earlier, and they actually caused Parliament to act fairly quickly in 1995 to restore the prohibition on the use of extreme intoxication as a defence by inserting section 33.1 of the Criminal Code. That is the section the Supreme Court now has said is unconstitutional once again.
I want to stop here and remind everyone that simple intoxication has never been a defence in Canada for crimes of violence of any sort, including sexual assault, and nothing about the current Supreme Court decision or about Bill C-28 changes that. Simple intoxication is not a criminal defence in this country, but there has been a great deal of misinformation, particularly online, that has misled people into thinking that somehow simply being drunk is a defence in criminal law in Canada.
We have to remember that extreme intoxication is a very specific and limited circumstance, a specific circumstance where impairment is so severe that people have no control over their bodies, their minds have no control over their bodies or, in common language, they are unconscious about what they are doing. Even though these cases are rare, like other members who have spoken before me, I am glad to see us acting quickly to restrict the possibility of anyone being able to escape responsibility for their actions by using the extreme intoxication defence and avoiding responsibility, therefore, for the harms that they have caused others.
Many groups have urged us to act quickly, but I acknowledge that there are some others who are concerned that we risk not getting it exactly right by moving too quickly. That is why I am glad to see that the motion we are dealing with tonight has a provision in it for hearings at the justice committee in the fall. It is unusual for us to conduct hearings on a law so soon after passing it, but I think it gives us a chance to review what we are doing here tonight to see if we have in fact had unforeseen problems or to see if in fact there is more that we need to do. That is why I am confident with us moving ahead tonight because we will do that review in the fall.
The Supreme Court of Canada itself pointed out a couple of options available to us as parliamentarians to restrict the possible use of an extreme intoxication defence while still respecting the charter. I believe that Bill C-28 does this well, in ways that would effectively re-establish the principle that in almost all cases, extreme intoxication is no defence.
How would Bill C-28 do this? It would do it in two ways. In order to make a claim of extreme intoxication, defendants will have to provide expert evidence in their own cases that their intoxication was so severe as to amount to what in law is called automatism. This is a well-known legal concept and a specific state already defined in law that the mind is not in control of the body. Therefore, defendants have to present evidence in their own cases, not that it is possible that they were extremely intoxicated and not just claiming that they were extremely intoxicated, but that they were, according to expert evidence presented, in a state of extreme intoxication. That evidence, of course, will have to be presented in court and can be tested in court.
The second way in which Bill C-28 would make it difficult to use this defence is that the prosecution would be able to argue that even if the accused has proved that they were in a state of extreme intoxication, they failed on the standard of criminal negligence because they failed to take the measures a reasonable person would have taken to avoid causing harm.
If a person takes intoxicants or combines prescription drugs and illegal drugs or combines alcohol and magic mushrooms or whatever it is that the accused was doing, and if they, as a reasonable person, should have known the possibility of losing control and the possibility of violence, then they should have taken measures to limit that possibility, and if they did not, then they could not use this defence.
My summary, in plain language, is that the Supreme Court of Canada cracked open the door on the use of extreme intoxication defence, and what we are doing with Bill C-28 is shutting that door as far as possible while still being consistent with the Charter of Rights.
The Minister of Justice has presented a charter statement for Bill C-28 that certifies that Bill C-28 is in fact charter compliant and consistent with the decision of the Supreme Court in R. v. Brown. I have no reason to doubt the content of that charter statement.
As likely the last speaker on Bill C-28 tonight before we adopt it, I do not want to risk going on at too great a length, but let me say that after a House sometimes has had a bad reputation with the public for being overly partisan and polarized and unable to look after the public good, I believe we are demonstrating something different here tonight.
Through the confidence and supply agreement between the Liberals and New Democrats, I believe we have already demonstrated that in a minority Parliament we can co-operate and work together to get things done, but Bill C-28 demonstrates an even broader ability of parliamentarians from all parties to come together co-operatively and to act swiftly in the public interest. That is what we will be doing tonight when we pass Bill C-28 a little over a month after a Supreme Court decision that cracked that door open to escaping responsibility for violent acts by claiming extreme intoxication.
What we are doing tonight is once again, as I said, making that a remote possibility. We are making it the remote possibility that it should be.
I hope we come across other opportunities in this Parliament to have the same zeal for working together. One of those opportunities is on the issue of coercive and controlling behaviour, and there is a link here because we are talking about violence primarily against women.
Twice the Standing Committee on Justice and Human Rights has recommended to the House that the government introduce legislation to make coercive and controlling behaviour a criminal offence. Such legislation would recognize that coercive and controlling behaviour is in itself a form of violence, but it would also recognize that it is very often a precursor to physical violence.
As I said, twice now the justice committee has recommended this to the House, and I hope we will find an opportunity to get the same all-party agreement and the same ability to move forward on that piece of legislation as well.
In conclusion, sometimes I am very proud to be a part of this Parliament, and tonight, on Bill C-28, is one of those nights.
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Madam Speaker, it warms the heart to hear my hon. colleague is proud to be a member of the House tonight. I commend him for his work on the justice committee.
In light of the compressed timeline we are dealing with, we all recognize the government needed to act with extreme urgency when this decision came down. Is the member open to working with members of all parties on the justice committee in the fall to hear from witnesses who may have ideas on how this legislation, which will have already passed by then, could perhaps warrant further amendments to the Criminal Code to best close this loophole?
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Madam Speaker, I want to state again, as I have many times, that the hon. member for Fundy Royal and I have a good working relationship, despite the fact there are many things we might not agree on. Sometimes there is common ground, as there is tonight.
Certainly I agree with him. Though it was not our idea and I believe it may have been his idea, the motion we are dealing with would order the justice committee to conduct such hearings in the fall. As I said in my speech, it will give us the opportunity to see whether we have done the right thing and whether there is more we can do on the issue of violence against women through extreme intoxication.
Absolutely, the answer is yes.
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Madam Speaker, I want to thank my colleague for his very thoughtful presentation today. I also want to thank him for his co-operation at the justice committee and for his hard work.
I want to ask him what he is hearing from key stakeholders. I know we have been engaged with a number of key stakeholders who are quite supportive of the legislation. His co-operation is essential to getting this passed. I want to know what his stakeholders are telling him about this legislation and if there is any feedback on its overall intent, as well as the balance that we were able to find in coming forward today.
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Madam Speaker, my experience is the same as what the minister and others have expressed, which is that the vast majority of people I have heard from in this short period of time, especially ordinary citizens, would like to see us move very quickly to close this possible loophole. The majority of organizations that are more active in legal reform have also said they think this bill accomplishes what we need to do.
As I said in my speech, there are some, but only a few I have heard from in the past few days, that think that we could do more or that we could make closing the door even tighter. I am not sure they are correct about that, given the Supreme Court decision, but I am certainly willing to hear from them in the hearings we will conduct this fall.
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- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
