SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
December 1, 2022 09:00AM
  • Dec/1/22 10:00:00 a.m.
  • Re: Bill 26 

I thank the government for bringing the bill forward. As we know, this week we talked about gender-based violence. We had presentations on how it impacts our society, how it impacts all families—every member of the family. So I’m glad to see that this initiative has been taken, especially for young people going to university and college, and that these measures are happening. But I need to talk about prevention. The member from Nickel Belt alluded to education. I think that’s such an important piece in order to make sure that we can look to the future for eliminating or mitigating it not happening.

How are universities and colleges getting the best practices and standardized policies universally throughout the system so that there’s not a patchwork being done and everybody’s on board with the same topic and can proceed with the good work that this bill has started?

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  • Dec/1/22 10:00:00 a.m.
  • Re: Bill 26 

Thank you to the member across for your question.

Our government is committed to ensuring students have access to a secure and safe learning environment. That’s why we have taken these steps to strengthen supports for students reporting sexual violence or harassment. Colleges and universities are each autonomous organizations and have their own policies and processes in place regarding sexual violence codes of conduct on campus. This legislation specifically addresses sexual misconduct of staff and faculty towards students.

Last March, our government imposed regulations designed around empowering students who are survivors or have knowledge of an instance of sexual violence. One of the most important changes we put in place was that if someone comes forward with information about an act of sexual violence, they are granted certain exceptions from campus policies; the biggest of these is the school’s drug and alcohol policies. While we don’t want to encourage any illegal or excessive use of drugs or alcohol, students should not be reluctant to come forward with information because they’re concerned for their academic success or standing out of fear of being punished for doing so. Another addition that we’re building on is the removal of unnecessary questions regarding themes such as the sexual history of the student. When it comes to matters of consent, all that matters is whether or not someone has provided it in the moment. But most importantly, these regulations require all schools to have a sexual violence policy.

The bill in front of us today talks about non-disclosure agreements, sexual misconduct, and the renaming of Toronto Metropolitan University.

With respect to your question around OSAP, I’ll share that supporting post-secondary education is one of the best investments this government has made for students in the future. That’s why we’re getting it done for students in their greatest time of need. We’ve expanded OSAP to be eligible for students enrolled in Indigenous institutes. We’ve expanded OSAP to cover microcredentials, so that learners have more options on how to expand their education. And in 2020-21, we invested $4.7 billion in direct student aid to 400,000 students.

Put simply, Bill 26, if passed, will put an end to the secrecy around faculty-student sexual violence on campus and off-campus. As we have seen in reports in recent years, use of non-disclosure agreements to prevent students from seeking legal recourse against the offender and the ability for faculty and staff to move from one school to another without facing any punishment or outright dismissal is far too common in post-secondary education. If passed, Bill 26 would give institutions greater power to discipline and dismiss offenders and empower students to come forward with evidence of sexual violence.

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  • Dec/1/22 2:20:00 p.m.
  • Re: Bill 26 

Thanks to the member for London West for that excellent question. Western University was one of the deputations that appeared before committee last week, and they shared that work that has been done and the training that they’ve undertaken, which I have to say I find incredibly important and impressive.

But Western University also called on the government to make amendments to this legislation, to include mandatory prevention education. We heard it from all stakeholders, from students, administrators, faculty, staff, gender-based violence experts: The number one thing we need to actually prevent and not just respond to incidents of sexual violence is education, training on consent, making sure that everybody knows what their rights are, how to intervene safely when they see an incident. This was absolutely a lost opportunity to listen to stakeholders like Western University and mandate that kind of education on campuses across Ontario.

When the member for Nickel Belt asked the government to say who is asking for the term “sexual misconduct” to be used, the government could not answer. Making up a stakeholder after the fact who might have preferred the term “sexual misconduct” doesn’t actually help with the situation of making sure that students who are at universities and colleges now actually know what their rights are and can claim their rights.

But I do also recognize that it is only one small step, and there is a lot of work still to be done on reconciliation. We have a situation in Ontario today where there are people who don’t have access to clean drinking water or safe housing or safe roads or fire protection services, for no other reason than because they are Indigenous. I think that’s absolutely unacceptable, and a government that was truly committed to reconciliation would be taking urgent action on all of those issues.

I think Toronto Metropolitan University had a really great process to actually listen to community members, to identify that harm and to recommend multiple steps that could be taken. I’m glad that this bill formalizes that name change so that we no longer honour the legacy of somebody who caused that kind of harm in Ontario.

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  • Dec/1/22 2:40:00 p.m.
  • Re: Bill 26 

To the member opposite, I appreciate your comments today. It was interesting to learn that you’re currently an undergraduate student at McMaster University.

Every campus in Ontario has a sexual assault issue—sexual harassment and violence, and 2SLGBTQ students are disproportionately affected by sexual harassment and violence. I’m wondering—because you are an MPP and a student, you are a leader on your campus—what will you do to curb sexual harassment and violence on your campus? Will you join the gay-straight alliance on your campus and will you help out with the sexual assault centres?

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  • Dec/1/22 2:50:00 p.m.
  • Re: Bill 26 

I listened to the remarks from the member across the way, and I just want to emphasize how prevalent gender-based violence is on university and college campuses in Ontario. The government’s own climate survey showed that 63% of university students—that’s two thirds—experienced sexual harassment while on campus, and 23% disclosed a non-consensual sexual experience. It is a crisis at our post-secondary institutions.

But the majority of the sexual violence that is experienced is student-on-student sexual violence; it is not faculty to student. So I’m wondering, when so many organizations came to the committee and urged the government to include prevention in this bill, to include measures to reduce the prevalence of student-on-student sexual violence on campus, why did the government ignore all of that input?

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  • Dec/1/22 3:20:00 p.m.
  • Re: Bill 26 

It was interesting that one of the groups who spoke against the measures in Bill 26 was the Ontario Confederation of University Faculty Associations, an organization focused on protecting faculty. In a statement, they called the legislation “a narrow and punitive vision for addressing the serious problem of assault and harassment.”

On the other hand, organizations like the PEARS Project, a by-survivors for-survivors student organization of the University of Toronto, called for the need of Bill 26 to put an end to the harmful and ineffective practices seen at colleges and universities to deal with matters of faculty sexual violence.

Speaker, through you, who does the member stand with? Student survivors of sexual violence or the faculty associations who think this legislation is heavy-handed?

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  • Dec/1/22 3:20:00 p.m.
  • Re: Bill 26 

My question is, 2SLGBTQ students are disproportionately affected by sexual harassment and violence. What should campuses be doing to keep 2SLGBTQ students safe?

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  • Dec/1/22 3:40:00 p.m.
  • Re: Bill 26 

Thank you to my colleague from London for your wonderful questions. I could say the sexual violence and the sexual misconduct in post-secondary institutions is alarming. I listened to my children for the last decade, 10 years. One daughter went to Western University, and she talked about the horrible stories about the sexual misconduct and sexual violence taking place. It’s hidden. It’s always unreported. This is very sad.

Our government has been restoring the trust and accountability in government. We were elected with a mandate to fix 15 years of the Liberal government’s broken promises. They didn’t fix it. Our government is taking the bold action to bring the safe and—

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  • Dec/1/22 4:40:00 p.m.
  • Re: Bill 26 

I want to thank the member from Markham–Thornhill for the question. We are all agreed that we need to deal with sexual harassment and violence on campus, and this bill just doesn’t go far enough. There should be much more. There should be an education component and there should be supports for survivors built into this bill. That’s what was asked for at committee by many, many organizations and experts. Unfortunately, it didn’t get incorporated into the bill, which is a real lost opportunity.

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