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House Hansard - 329

44th Parl. 1st Sess.
June 11, 2024 10:00AM
Context: House Hansard - 329 - Jun/11/24
Ms. Iqra Khalid (Parliamentary Secretary to the Minister of National Revenue, Lib.)
Madam Speaker, I am pleased to speak to Bill C-332, an act to amend the Criminal Code on coercive control of an intimate partner. The bill would strengthen Canada's legislative framework addressing intimate partner violence, creating a new offence aimed at better protecting victims of coercive control in intimate relationships. Coercive control involves ongoing conduct that deprives victims of their autonomy. It is a pernicious form of intimate partner violence and a significant risk factor for extreme violence. I have spoken with respect to this many times, not just in the House but also in committee. When I was part of the justice committee, we studied this very egregious behaviour, which is a predeterminer of intimate partner violence within communities and within homes. Before speaking specifically to Bill C-332, I want to thank the member for Victoria and the member for Esquimalt—Saanich—Sooke for their dedication to this cause. It is really important, and I appreciate their dedication. I am also grateful to all the individuals and organizations that provided evidence to the Standing Committee on Justice and Human Rights during its study of this piece of legislation and its 2021 study on coercive control in intimate relationships more generally. That includes my own Chief Nishan of our Peel Regional Police. I appreciate all of their hard work on this. Gender-based violence, including intimate partner violence, is unacceptable and has no place in our country. Intimate partner violence is one of the most pervasive forms of violence against women. Our government is committed to ending the gender-based violence epidemic. Criminalizing coercive control is an important step to achieving this end; it is preventative, and it is very important in terms of how we work together in our communities. I am very pleased to see that the Standing Committee on Justice and Human Rights has passed the government's amendments to Bill C‑332, which were largely developed with the input of the provinces and territories, stakeholders and the experiences of other countries that have criminalized coercive control. The amended offence is now modelled on Scotland's domestic violence offence, which was strongly recommended by stakeholders who supported introducing such an offence. Specifically, the amended offence would criminalize engaging in a pattern of conduct with intent to cause the accused person's intimate partner to believe their physical or psychological safety is threatened. It would also criminalize being reckless as to whether the pattern of conduct could have this effect. “Pattern of conduct” is defined broadly to include subtle forms of abuse that are not criminal in and of themselves; that is, it is conduct that could reasonably be expected to cause the victim to believe that their physical or psychological safety is being threatened. The committee's amendments not only are responsive to stakeholder input but also further the bill's pressing objective of protecting victims in coercive control cases. For example, the bill would amend the Criminal Code to do the following. It would require courts to impose a weapons prohibition bail condition where an offender is charged with a coercive control offence, unless the justice considers that such a condition is not required in the interest of the safety of the accused or the safety and security of a victim of the offence or of any person, and to consider imposing additional conditions to ensure the safety and security of the victim where the offender is released on bail. It would also make the appointment of counsel for cross-examination mandatory on request by victims in coercive control cases where the accused person is unrepresented and seeks to cross-examine the victim themselves, unless the judge or justice is of the opinion that the proper administration of justice requires otherwise. It would also authorize the taking of DNA from those convicted or discharged of the bill's proposed coercive control offence, which would assist with the investigation and prosecution of intimate partner violence cases. It would also require courts to issue a weapons prohibition order where an offender is convicted or discharged of the coercive control offence. The amended bill also responds directly to several concerns raised by stakeholders, including by removing the requirement for proof that the victim was afraid. We have heard that requiring such evidence places a burden on the victim to testify, which is going to be a revictimization. It also requires them to show the effect of the accused's behaviour on them. We know in other areas of law, and now here, that another approach is possible, one that requires evidence showing that a reasonable person in the victim's circumstances would believe that their physical or psychological safety was threatened. This approach does not necessarily require a victim to testify and is familiar to Canadian courts. The bill would also remove the best interests defence, which was included in the bill as introduced. Significant concern was expressed that this defence could have resulted in excusing abusive conduct, in particular toward cognitively impaired and disabled individuals, based on the claim that the coercive conduct at issue was actually in their best interest. The bill would also delay the coming into force of the offence so that criminal justice practitioners could be trained on how to enforce it. Many stressed the importance of training prior to implementation, in particular because coercive control is an ongoing conduct offence, which is unusual in criminal law as the vast majority of criminal offences are incident-based. The bill underscores the message that all forms of intimate partner violence are serious, including the more subtler forms, which have so often gone unrecognized. Supporting Bill C-332 is one of many concerted efforts that the government has taken to end gender-based violence, including intimate partner violence and to support victims of both. For example, in 2021, the Government of Canada announced over $600 million in funding over five years to address gender-based violence in Canada. Of this, Justice Canada was allocated $48.75 million to ensure access to free legal advice and legal representation for survivors of sexual assault and intimate partner violence. In 2022, the government allocated funding of $539.3 million over five years to enable provinces and territories to enhance services and supports within their jurisdictions to prevent gender-based violence and support survivors through the national action plan to end gender-based violence. I am pleased to have learned that bilateral agreements between the Government of Canada and all 13 provinces have been finalized. I realize I am coming to the end of my time, but I am looking forward to working with all parties in this House to ensure that we are eradicating and actively preventing gender-based violence from occurring in all communities, including mine in Mississauga—Erin Mills.
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