44th Parl. 1st Sess.
June 6, 2023 10:00AM
moved that Bill C-320, An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims), be read the second time and referred to a committee.
He said: Madam Speaker, as I rise to speak to Bill C-320, I would like to talk about a special event that took place on Saturday, May 27, in which I was honoured to take part. Durham Region Remembers was a victim awareness and candlelight vigil that provided community support for those bereaved by homicide and to remember those we have lost. This very important event, which will now become an annual occurrence, was organized by Lisa Freeman, and I am happy to say that Lisa is here in Ottawa with me today. She is the person who inspired Bill C-320, a bill that we like to call the “truth in sentencing act”.
Since 2019, Lisa and I have made efforts to amend the Corrections and Conditional Release Act regarding disclosure of information to victims; at Durham Region Remembers, Lisa and I had the opportunity to share our efforts with the families of victims who were present. I can say that this was well received, with murmurs of hope that we might be able to help families that are plunged unasked into unfathomable situations. These families have then been further demoralized and retraumatized by the actions of the government through the Parole Board of Canada and Correctional Services, institutions that say they are supportive of victims of crime. Unfortunately, at best, this is an illusion.
Lisa is an inspiration not only to me but also to a very special community. This is a community, sadly, that has been forgotten by our criminal justice system. It is made up of victims, families and friends who have had to endure and re-endure trauma, emotional pain and endless suffering regarding their families' safety. Ms. Freeman is the author of the 2016 book, She Won't Be Silenced, described as the “story of my father's murder and my struggle to find justice WITHIN the Parole Board of Canada.”
After years of fighting to have her family's voice heard, while decisions were made about parole and the passage of information concerning her father's murderer, Ms. Freeman has petitioned the federal government to amend the ineffective Canadian Victims Bill of Rights and the opaque Corrections and Conditional Release Act to provide improved transparency to victims of violent crime and their families.
This “truth in sentencing” bill was first tabled in the House of Commons as Bill C-466 by the Hon. Lisa Raitt in June 2019 and then again in the Senate by the Hon. Senator Pierre-Hugues Boisvenu in December 2020 as Bill S-219. I want to thank Ms. Raitt and Senator Boisvenu for their work on this file. Now, I am hoping that I am three times lucky, and that this bill will finally make it through our process and become the law of the land.
It is important to recognize that this bill is a short bill; it would add just a few words, a common-sense phrase. It may make a small change in the law, but it would make a huge difference to victims. This bill would add the following words: “and an explanation of how that date has been determined”.
The aim of Bill C-320 is twofold. It would amend the current Canadian legislation to better meet the needs of victims of crime by providing timely and accurate information upon sentencing of an offender and avoiding the false comfort of misleading parole eligibility dates. It would also ensure that the victims of crime are provided with improved transparency and passage of information from the Correctional Service of Canada and the Parole Board of Canada. I admit that these changes would not fix the system, but they would certainly be a step in the right direction, and they could not occur at a better time.
In Canada we are now starting to see the effects of changes made to our justice system through the government's bill, Bill C-75, the bill that accelerated the government's catch-and-release bail system and bail policies. This change has unleashed a wave of violent crime across the country. We are hearing from Canadians that they do not feel safe walking down the street or taking transit. Canadians are telling us that our communities feel less safe. It is our responsibility to turn this trend around and avoid making the situation worse. We cannot allow violent offenders to repeat—
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Madam Speaker, it is a pleasure to discuss Bill C-320, An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims). I want to thank the members for Milton, Oshawa and Cariboo—Prince George for their efforts in moving this bill for our discussion today.
Victims who share their contact information with the Correctional Service of Canada and/or the Parole Board of Canada and who meet the definition of “victim” outlined in the Corrections and Conditional Release Act are entitled to receive certain information about the person who harmed them.
This information includes review and release eligibility dates, which are provided to victims in an initial contact letter. Bill C-320 would require that victims be provided with an explanation of how those dates are determined.
Across the country, victims of serious crimes may be surprised to learn how sentences are administered, including eligibility for temporary absences and parole. We have heard that victims of crime and their families want clarity. They want transparency—
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Madam Speaker, I rise this evening to speak to Bill C-320, an act to amend the Corrections and Conditional Release Act with respect to disclosure of information to victims. I would like to begin by saying that the Bloc Québécois supports Bill C‑320. This bill is an essential measure to ensure greater transparency in our justice system and to strengthen our fight to end violence against women and girls.
As vice-chair of the Standing Committee on the Status of Women, I was involved in the study on domestic violence in the fall of 2021. Sadly, as I listened to the extensive committee testimony, I realized that we live in a world where violence against women and girls is all too common. These abhorrent acts leave indelible scars that prevent many people from achieving their full potential. That is why we have a duty to take firm action and send a loud and clear message that we will no longer tolerate it. I would like to explain a little more about the Bloc Québécois's position. I will then talk about the progress made in Quebec. I will conclude by talking about other initiatives that will need to be monitored and analyzed, with the aim of working to end this scourge once and for all.
First, the Bloc Québécois's position is consistent with its commitment to supporting initiatives that keep women safe and that address violence against women. We believe that victims have everything to gain from getting as much information as possible about their assailant and the situation surrounding the assailant's parole, when applicable. Our position is therefore in keeping with the Bloc Québécois's support for Bill C-233. Let us remember that that bill amended the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device, also known as an electronic bracelet. The Bloc Québécois will always stand up to protect victims of crime and strengthen the relationship of trust between the public and our institutions.
Bill C‑320 essentially seeks to amend the Criminal Code to enable victims of an offence to be given an explanation about how certain decisions were made about their assailant. This includes, for example, the eligibility dates and review dates applicable to the offender in respect of temporary absences, releases or parole. It would strengthen the justice system to have a mechanism that would give victims access to additional information about their assailant's situation and the decisions being made about their assailant.
Second, over the past few years, Quebec has positioned itself as a world leader in enhancing victim protections and strengthening victims' trust in the justice system. For example, the Government of Quebec has launched a pilot project to create courts specializing in sexual assault cases in certain courthouses, like the one in Granby, in my riding of Shefford. It also launched a pilot project requiring electronic monitoring devices to keep victims and their abusers apart, which has been a success and has been deployed across the province. These advancements meet the objective of recognizing how vulnerable victims of an offence are and putting all the tools at their disposal so they can be safe. This way, the justice system can evolve and adapt to better serve the needs of victims of crime.
In an effort to be consistent, the Bloc Québécois will support Bill C‑320. If it passes, these legislative changes will represent an added value for the victims, including female victims of domestic or sexual violence. The justice system has to be more effective and transparent, not just to facilitate the legal process and ease the long-term effects on victims or their family, especially when a decision is made about releasing the assailant, but also to strengthen public trust in the justice system so that no other victim of a crime will hesitate to report it to the police, which still happens far too often, unfortunately.
Statistics show that there has been a spike in femicide and domestic violence. Between 2009 and 2019, there was an increase of 7.5%. We all know that this situation was exacerbated during the pandemic. As parliamentarians, we have a responsibility to help reverse this troubling trend. The reality on the ground highlights the gaps, including the status quo in the justice system: Many victims continue to fear their assailant, even while that person is being detained. We can only applaud an initiative that seeks to improve the victim's experience of the justice system throughout the process, starting from the moment she decides to file a report.
I believe that we could work on this bill without too much partisan bickering, because I fully expect that Conservative members will support this bill to further punish offenders and above all to restore victims' confidence in the justice system, which the Conservatives often say is soft on crime.
The member for Oshawa, who is the sponsor, says he presented the bill to empower victims and their families to obtain more accurate and timely information about the court's decisions concerning their assailant. In his opinion, too many victims and their families have been surprised to learn the assailant was released early, well before 25 years were served, for example.
It would seem that the Liberal caucus is also in favour of this bill to increase transparency in the judicial process. The same goes for the NDP caucus, which believes that this bill could possibly increase transparency in the judicial process.
Third, I will also be monitoring the implementation of the recommendations in the report “Rebâtir la confiance”, a report produced in Quebec that seeks to address violence against women in a targeted and non-partisan way. It recommends the creation of a special court, which I spoke about in the first part of my speech.
In fact, a member of the Quebec National Assembly, the MNA for Sherbrooke, recently contacted me to suggest that we look into the notion of coercive control, which could broaden the possibilities of action in the face of domestic violence.
I fully intend to listen to women's groups and to the requests coming from elected officials in Quebec City, who are also asking that this issue be addressed at the federal level, since it falls under the Criminal Code. That is why I will be going back to the Standing Committee on the Status of Women with the following motion: that the committee undertake a study on coercive behaviour, with an emphasis on studying countries or jurisdictions around the world that have already passed legislation on this issue.
The concept of coercive control was first introduced by American researcher Evan Stark, who has proposed a shift away from an understanding of domestic violence based essentially on acts of violence and visible signs of abuse. Although considerable efforts have been made in recent years to ensure the recognition of forms of violence other than physical violence, including psychological violence and harassment, domestic abuse still tends to be regarded as acts of violence committed by an individual.
As an alternative, the concept of coercive control advocates an understanding of the complex dynamics that enable abusers to establish and maintain control over their partners or former partners. This should lead to a better assessment of domestic violence situations and the risks they pose to the safety of women and children.
Coercive control was recently introduced into the criminal codes of England and Scotland.
The concept of coercive control makes it possible to analyze female victims' accounts in their entirety before looking for a discrete incident that corresponds to a particular offence. It highlights the different techniques an abuser may use to maintain power and control, because violence is not always about hitting, but it always hurts.
If we want to take serious action, these two measures, namely specialized courts and coercive control, should be examined carefully. We must also remember that lack of housing has repercussions on women's ability to regain power and on their opportunities to break the cycle of vulnerability that keeps them in a cycle of violence.
In conclusion, by strengthening the ties between victims and judicial institutions, we are providing a meaningful response to the insecurity that many victims experience.
To come back to the bill that is before us today, this bill would be a valuable tool, one more tool to help us stop violence against women and girls, but it will not fix everything. At least it will make information on the possible release of offenders available to victims, so that they are better able to protect themselves and take the necessary steps to keep themselves safe.
In the long term, this measure could help prevent further acts of violence by giving victims a way to report any suspicious activity to the proper authorities.
The Secretary-General of the United Nations recently referred to violence against women as the shadow pandemic. Let us therefore ensure that victims have as much information as possible so that they can get into the light and break the cycle of violence.
I would be remiss if I did not mention an absolutely wonderful meeting that I had last week. My colleague from Mirabel invited me to meet a group of students from Oka Secondary School, who came to Ottawa to read me their plea to stop femicide and to implement effective public policies to keep women and girls safe.
I want to commend them for that. They were heard. I will share their plea and try to find ways to be their ally in this fight against violence against women and girls. I thank them.
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