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House Hansard - 168

44th Parl. 1st Sess.
March 10, 2023 10:00AM
Context: House Hansard - 168 - Mar/10/23
Mr. Frank Caputo (Kamloops—Thompson—Cariboo, CPC)
  • Mar/10/23 12:42:13 p.m.
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  • Re: Bill C-5 
Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. I am going to follow up on the last point my friend and colleague just made, which was in regard to sentencing. I know he mentioned Bill C-5, and we may have some disagreement on minimum penalties. For instance, if memory serves, the maximum penalty for assault is five years when proceeded by an indictment and two years less a day when proceeded summarily. Does my colleague believe or agree that perhaps we need to elevate the maximum sentences when it comes to intimate partner violence? I would point out a couple of things. One is the fact that the Criminal Code talks about people who are vulnerable, and when we talk about the cycle of violence, we are in fact talking about people who are vulnerable. The second is that the Criminal Code mentions that it is an aggravating feature to abuse one's intimate partner. Given those factors, would he propose raising the maximum sentences for people who abuse their intimate partners?
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Context: House Hansard - 168 - Mar/10/23
Mr. Frank Caputo
  • Mar/10/23 1:15:53 p.m.
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Madam Speaker, I thank my colleague for his work on the justice committee. The Criminal Code is really quite convoluted when it comes to sexual assault of intimate partners. In Canada, we have a rule against the twin myths, although I do not have time to get into that. It certainly does not make it any easier on victims. I have had victims literally crying on the phone, asking “Can't you just deal with this so I don't have to go to court?” or “Can't you just get a peace bond?”, anything to avoid it, because they fear the system so much. We have to find a balance that recognizes the presumption of innocence but also takes a trauma-informed approach to victims of sexual assault. In the past, it was so frequent that we thought about sexual assault as happening perhaps in relationships that were very new or when people were not married. We are in fact seeing more and more reports of sexual assault in long-term relationships. One of the most horrific sexual assaults I ever prosecuted involved an intimate relationship of some time. Seeing what that victim had to go through, and I believe she had to testify twice in the trial because of pretrial applications made by the defence, I believe this is an area that we, as a Conservative government, would address.
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