SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
November 14, 2022 10:15AM
  • Nov/14/22 10:20:00 a.m.

Another fall migration is just winding up. Over the past couple of months, millions of birds have been migrating across the Great Lakes to winter in Ontario. But windows that reflect the sky and the clouds can appear invisible to a moving bird, so they continue to fly at high speeds until they smack into the glass and fall to the ground. Some are rescued by compassionate people working with organizations like BirdSafe and FLAP Canada, but many do not survive the trauma.

The bird photographer Priya Ramsingh writes that if you walk around one of the city’s large towers during the migratory season, “you’ll find the bodies of dead birds, their feet curled up in the air.” These are brilliantly coloured birds, including electric blue indigo buntings, “warblers with yellow, greens and blue wing markings, and scarlet tanagers with their regal, red feather plumage.”

Some 25 million birds die from window collisions each year in Canada. This week, I am reintroducing a motion to adopt the Canadian Standards Association 2019 bird-friendly design standard into the Ontario building code for all new construction and retrofits in the province.

At a rally on the lawn of Queen’s Park tomorrow at 11:30 a.m., we will be showing Ontario residents simple measures that they can take to make their windows bird-safe and to reduce the risk of collisions. I invite all members of the House and residents who want to make our built environment bird-safe to attend the rally. Come help us protect Ontario’s biodiversity for years to come.

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  • Nov/14/22 10:30:00 a.m.

I’d like to welcome to the Legislature Dora Mehany, Pixie George-Benjamin and Nathan Zhu, who are members of CUPE 4400, which was a union I was recently a member of at Central Tech when I was teaching woodworking.

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  • Nov/14/22 3:40:00 p.m.
  • Re: Bill 26 

Thank you to the member from Scarborough–Rouge Park for your comments today on this bill. I think we’re all in agreement that our students at colleges and universities need to be safe from sexual assault. We can also, I think, judging by the statistics you recited, agree that there’s a crisis on our campuses.

The question that I have for you is—this bill doesn’t go far enough. If we’re going to address sexual assault on campus, we need education. We need processes and repercussions for assailants, and we also need support for survivors. My colleague from Toronto Centre has brought forward a bill called the Consent Awareness Week Act. It’s Bill 18. Would you support adding this bill, the Consent Awareness Week Act, to the current legislation when it gets to committee?

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  • Nov/14/22 3:50:00 p.m.
  • Re: Bill 26 

I appreciate the question from the former member from Scarborough–Rouge Park—or the former question from the member from Scarborough–Rouge Park.

Anyways, I just want to talk about—you said this means that the victims will not have to face their perpetrators, because there’s no re-employment. But there’s a flaw in the bill, and the flaw is that a lot of graduate students are also teachers when they’re on the campus. So what happens if a person who’s also a teacher as well as a graduate student sexually abuses a student? Does that person stay on the campus? They may not be re-employed, but do they stay on the campus as a grad student? Does the victim have to face them?

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  • Nov/14/22 4:30:00 p.m.
  • Re: Bill 26 

It’s an honour to speak on this Bill 26 today. I think everybody in the House is in agreement with the goals. We need students to be safe on college and university campuses. In order to do that, to prevent and to stop sexual assaults on campuses, we need education, we need processes for reporting and repercussions, and we need supports for survivors.

This bill takes some measures on repercussions, but that’s it. It doesn’t have the education component; it doesn’t have the supports component. Bill 26 is about increasing repercussions for staff who sexually abuse a student. Bill 26 provides post-secondary institutions and private career colleges with clearer rights to fire employees when they are found to have sexually abused a student, to stop them from being rehired, and bans the use of non-disclosure agreements.

I think we can also agree that there is a crisis of sexual assault on campuses. We saw it blow up about a decade ago, and the Liberal government brought in a few supports and they brought cameras to campuses. Let’s see; in September 2021, at Western University during orientation week, the reports from social media suggested that 30 or more students were drugged and assaulted on the campus. In the same week, four women came forward to police about three incidents of sexual assault. There was a school-wide walkout with 9,000 students protesting what they called the “culture of misogyny” on campus. They called for Western to review policies and procedures for handling these situations, and they want more than this bill has to offer. We know there’s a crisis, and it blew up a year ago.

This government conducted consultations, but the only thing they came back with was this legislation that increases the repercussions for staff who sexually abuse a student. It doesn’t deal with student-on-student sexual assault. It doesn’t deal with so many other aspects. It doesn’t deal with the education or the supports that are needed.

We know that this is a crisis because post-secondary students experience a disproportionate number of sexual and gender-based assaults compared to the rest of the population. Forty-one per cent of sexual assault cases are reported by students of post-secondary institutions in Canada. Three out of four students have witnessed or experienced unwanted sexual behaviours while attending a post-secondary institution. One in five women will experience rape, and one in 10 young men will perpetrate rape by the time they graduate.

Men are disproportionately the instigators and perpetrators of sexual assault and violence, and most often against women. Most sexual and gender-based violence is committed by students towards other students and occurs in high-risk times and spaces on and off campus. This is why Bill 26 needs to be amended to address student-on-student violence as well as staff-on-student violence.

We need education, processes and repercussions, both preventative and punitive measures—stronger punitive measures that consider graduate students who are also employees of post-secondary institutions. This is one of the gaps in this legislation, because it talks about staff, and so if a staff member is found to be guilty of sexually abusing a student, they can be fired, there can be no non-disclosure agreement, and they cannot be rehired. But what if the perpetrator is a graduate student, so they’re both a staff member and a student? Do they continue as a student on the campus? And if they do, what does that mean for the victim? Does the victim have to face their perpetrator on the campus? So this is one of the gaps in the legislation that I hope the government will address when it goes to committee.

When I was teaching at York University, before I became an MPP, the Liberals created the sexual violence campus safety program. It added cameras on campus, and this was thought to be the necessary solution to addressing sexual and gender-based violence at colleges and universities, but it wasn’t. This was almost a decade ago.

What has happened—because the Liberals did not take adequate measures at that time—is that sexual assault on campus has continued to the point where, at Western University, 9,000 students walked out in protest because of this culture that’s happening on our campuses.

So I want to talk about solutions. I want to talk about three things that we’ll be asking the government to do. First of all, we’ve got to have prevention. We have to have repercussions, and then we have to have supports for survivors.

On the prevention side, my colleague—who’s sitting right beside me here—from Toronto Centre and the members from Davenport, St. Paul’s and Kitchener Centre brought forward in September Bill 18, the Consent Awareness Week Act. The point of this bill is to proclaim the week beginning on the third Monday in September in each year as Consent Awareness Week. The goal of Consent Awareness Week is to create space one week every year for Ontarians to have meaningful, positive, intersectional and age-appropriate conversations around consent, what it means and what it looks like, because sexual assault of any kind causes lifelong trauma and impacts relationships for the rest of the survivor’s life.

This bill, currently, was carried past first reading, but it’s sitting in committee. So I would ask the members of the government to consider incorporating that bill, the consent awareness bill, into this bill when this bill gets to committee.

Process and penalties—I actually talked about this. The grad students who are both employees and students at the university—that needs to be changed. We need to make sure that, if somebody is accused and found guilty of sexually abusing a student, then whether the abuser is a student, a graduate student or just an undergraduate student, that the victim never has to face that person, their perpetrator, on the campus again. That’s an amendment that needs to be made to this legislation.

The final thing I want to talk about is supports for survivors. After the protest last year at Western University, they launched the action committee on gender-based and sexual violence with an independent review to identify policy gaps or procedural failures related to the events. Most of the recommendations they came back with were around prevention, and these are actions that Western, to their credit, has taken for the most part, so far as I know.

They have appointed a special adviser to address campus culture and safety. They require all incoming students to complete a gender-based and sexual violence prevention education and awareness training. They are hiring an additional gender-based-and-sexual-violence-support case manager and education coordinator. They are creating a training program for Western special constables and other security personnel. They are providing more support to student organizations like fraternities and sororities, to address issues around gender-based and sexual violence, and applying for funding from the Canada Research Chairs Program and the Canada First Research Excellence Fund to support new academic position focused on gender-based and sexual-violence-related research.

So all of these prevention measures—Western University went through that crisis a year ago. They had their own task force. They came back with these prevention recommendations. Why doesn’t the government incorporate these recommendations, these prevention measures, into this legislation? We should be taking a bill like this very seriously and doing everything we can to support survivors, and the bill doesn’t do everything we can. It seems to do the bare minimum.

My colleague from St. Paul’s says, “Students go to post-secondary education to study, experience life and have fun, not to be subjected to unwanted pain and violence.” Students deserve to feel safe at university. They pay exorbitant tuition fees. They must have good grades to attend, and will be burdened with years of student debt and interest on that debt tied to—they’re paying so much money. We have an obligation, a responsibility, to make sure that they’re safe in that space. They should not be traumatized by sexual assault because preventative training and supports have not been put in place.

I’m asking this government, when we get to committee with this legislation, to please consider amending it and broadening the scope so that student-on-student sexual assault is taken into account, so that education is part of this package and supports for survivors are also part of this bill.

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  • Nov/14/22 4:40:00 p.m.
  • Re: Bill 26 

I don’t know why this government is leaving this loophole around the non-disclosure agreements. The way it’s phrased right now, with this legislation, somebody could be asked or coerced to sign a non-disclosure agreement before the legal process is complete. That’s a huge gap. That’s a loophole in this legislation that I hope the government will address in committee.

That’s why I’m very supportive of my colleague’s consent awareness bill to declare a consent awareness week so that we have an ongoing educational program on campuses and across this province to raise awareness about sexual assault so that we can try to curtail it through education.

The question about this bill is that it doesn’t go far enough. The measures that are there are fine, but they’re not actually going to stop sexual assault on campus, which has got to be the goal—

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