SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
November 14, 2022 10:15AM
  • Nov/14/22 3:00:00 p.m.
  • Re: Bill 26 

I want to thank my colleague for his excellent presentation.

He will know that last fall we made policy changes to strengthen supports for post-secondary students reporting sexual violence or harassment. These amendments ensure that students can safely bring forward complaints without fear of disciplinary action.

I’d like the member to speak specifically about how Bill 26 augments that particular set of regulatory amendments and goes beyond to strengthen the protection for students at our universities, community colleges and career colleges.

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

Thanks to the member opposite for asking this important question.

I want to say this again, Madam Speaker: This bill intends to make sure that our children can succeed in their lives. Preventing the use of non-disclosure agreements will help to limit instances where an employee leaves an institution to be employed at another institution and by doing this their prior wrongdoing remains a secret.

Through this bill, we will make sure that there is greater transparency with respect to faculty and staff who are found to have committed sexual abuse of a student. We will plug that hole.

Madam Speaker, again, talking about this bill, and when we were talking about what we did last March—last March, our government imposed regulations designed around empowering students who are survivors of 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’re granted certain exceptions. This was the biggest challenge—and that’s what we’re doing through this bill. Bill 26 would continue to build on these regulations and further our schools’ ability to protect our students.

When we talk about the policy, what we’re doing, how the ministry is going to address the survivor-centric model—that’s something which you’re asking—the ministry has a responsibility to ensure that it is taking the appropriate steps to ensure that students are safe at publicly assisted colleges and universities and private career colleges.

Through this bill, if passed, institutions will be in a better position in responding to the allegations of faculty and staff sexual misconduct towards students, something which is required for our leaders of today and tomorrow to grow and succeed. That is what we are doing in this, Madam Speaker, and I’m looking forward to all the members supporting this bill.

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  • Nov/14/22 3:10:00 p.m.
  • Re: Bill 26 

It’s a pleasure to always rise on behalf of our wonderful community in St. Paul’s. Today, I’m adding my words on Bill 26, Strengthening Post-secondary Institutions and Students Act.

I would first like to give a shout-out to the wonderful folks at Counterpoint Counselling and Educational Cooperative Inc. They run a men’s program. The core of their work provides psycho-educational counselling for men who have been abusive to their partners and have been mandated to participate in PAR by the criminal justice system. Services are provided in English, Spanish and Tagalog. That’s just a little bit of information about a wonderful organization that works with survivors and also perpetrators. They recognize that perpetrators have to be part of the solution. It is not only resting on the shoulders—it should never rest on the shoulders of survivors to fix the system. We have to have perpetrators also taking accountability for their action, but we also have to provide them with the space and the opportunity and the community-based resources so that they can shift and become, hopefully, positive, contributing members of their society.

Speaker, every year, an estimated 636,000 cases of sexual assault are self-reported across Canada, including 41% reported by students at post-secondary education. In 2021, 34,242 cases of sexual assault were reported to the police. That is 18% higher than 2020 and the highest number since 1996. This cannot be okay.

This Conservative Ontario has the lowest per-student funding in Canada. This means that, here in Ontario, some of the highest tuition costs, the highest loan repayments, are sitting on the shoulders of students while they try to navigate the academic, social, emotional and physical realities of post-secondary education. All the while, the government is sitting on billions of surplus dollars that over the next several years—could be useful now while we’re trying to fix our post-secondary institutions, our education sectors, our health care sectors. I could go on.

But anyway, I wanted to say, in our riding of St. Paul’s, we are home to the George Brown Casa Loma Campus situated within our Tarragon Village community. Many post-secondary students in St. Paul’s attend GBC, where students have access to a variety of academic centres and schools, from the School of Apprenticeship and Skilled Trades and School of Mechanical Engineering Technologies to the Centre for Arts, Design and Information Technology, where post-secondary students can thrive; the School of Computer Technology; School of Fashion and Jewellery, etc., etc., etc.—thriving today and building what they hope will be careers tomorrow.

Outside of GBC, of course, St. Paul’s students are all across our country, and while they’re across our country, while they’re anywhere they are in post-secondary education, we’re hoping that they are trying on leadership roles, building healthy relationships, and that they’re building a network that, frankly, they will have a lifetime. What students do not go to school to experience is sexual assault. They shouldn’t have to experience sexual assault. That should never be part of the experience at schools.

For any students watching who may have experienced violence on campus, I want to remind you that it is never your fault. You did not deserve this, and whatever feelings you are feeling right now are incredibly valid.

George Brown College’s sexual violence response adviser can be reached at 416-415-5000, extension 3450. They’re always there to answer the call.

For many post-secondary students, going off to college or university, whether living on or off campus, truly is the first time that you’re away from home, that you’re away from some of those familial connections that you need to feel safe. Post-secondary may also be the space where prior conversations on consent, safe and healthy relationships become centre stage as students are being exposed to school communities much larger than their high schools, for instance, and in some cases much larger than their home communities even.

It is because of this, among many other reasons, why it’s crucial that institutions of higher learning are safe spaces so students, regardless of age, can feel safe and supported. If anything, this bill needs to help create safe spaces for students, but it cannot only look at student or employer-to-student sexual violence; it should also include student-to-student—grad students as well.

I want to mention, on the piece around schedule 1, subsection 1(6), which was even difficult for me to fully weed through, let alone someone who may never have seen a government bill before, it needs to be clear that the NDAs should be banned. The fact that they are allowed until the end of the judicial process could essentially silence someone for two years, two and a half years, three years—however long that process takes. And we know that NDAs are harmful in cases of sexual assault. They work to protect the perpetrator, to prop up their power and privilege while handing perpetrators a licence to repeat their violence, quite frankly, over and over again, untouched, all while sexual assault survivors are muzzled from speaking their truth.

They also have the impact of preventing sexual assault survivors from seeking the counselling or reaching out to their friends and family about their experience for support in fear of breaking the agreement. Students need to have access to the resources of their choice to talk their trauma through. This is fundamental to a survivor’s recovery. So it needs to be clear what this NDA ban does, or what an NDA ban would and would not do. That needs to be clear in your legislation.

The bill also seeks to ban the reemployment of employees within public and private institutions who have been discharged because they have sexually assaulted a student. The bill also defines sexual abuse in relation to a student of a public institution. It seeks to ensure that students are free from a reprisal or threat of reprisal for the rejection of sexual solicitation or advances.

Again, these are pieces that the bill suggests, and I think it needs to be very, very clear how the bill is helping survivors, how the bill is helping build communities, school communities, and, I would even argue, just community-based resources period, because of course, students may be part of their school community but they’re of course part of their larger community as well, too.

I urge this government to look closer at the realities of student life, to expand this bill’s first two schedules, which remain limited, as I said earlier, to employee-student misconduct. Sadly, sexual assault and rape culture on campus is much more pervasive. And as I said earlier, it also includes student-to-student dynamics.

A 2021 article from Maclean’s magazine reported that 23% of Ontario university students have experienced non-consensual sexual contact. Meanwhile, 63% have experienced sexual harassment; 5% of women and 2% of men have said that the perpetrator was a professor or an instructor. So I cannot highlight enough that it cannot simply be only about students and employers. We need to also look at student-to-student ratios.

Another report from Statistics Canada, published in 2020, showed that nearly three quarters of university students in Canada “witnessed or experienced unwanted sexualized behaviour in a post-secondary setting in 2019—either on campus, or in an off-campus situation that involved students or other people associated with the school.”

And I have to say, when I read words like “misconduct” and “unwanted sexual behaviour” and “negative sexual encounters,” I do think that part of addressing the problem is naming the problem. I think we should be using correct language. Rape is rape. Sexual assault is sexual assault. Abuse is abuse. Efforts at “respectable language” does nothing but erase the significance of the violence against sexual assault survivors who, I cannot underscore enough, are disproportionately women.

I want to also take some time to mention the words of the member for Kitchener Centre, who has done fantastic outreach as the critic for colleges and universities: “A lot of the sexual violence happens between students and students—so the other missing piece is grad students. They are both an employee of the institution and a student.... So what happens if they are the perpetrator and they are fired ... but they’re still a student? Does that mean the survivor has to be in that program (with them)?”

Our member from Kitchener Centre has also warned that without minimum standards—the member from Toronto Centre has also raised this—for how these investigations happen or by whom, the government’s tinkering will not get us to our goal. I echo her questions about what implementation of this bill will look like, and whether or not the government is ready to invest actual finances into post-secondary education to end gender-based violence in post-secondary education.

This work requires long-term, stable funding to ensure financial security, but it also involves culturally relevant supports, supports that are in all languages, supports that are ready to reach survivors where they are, along the continuum of healing as well as the continuum of justice.

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  • Nov/14/22 3:10:00 p.m.
  • Re: Bill 26 

I want to thank the member from Mississauga–Malton for his comments.

My question to him is that—this is clearly a piece of legislation that is putting the students first. It’s putting forward protecting our students, a critical resource for us in our future. My question for the member is: Consultation is an important process, and I’m wondering if the member could tell us what kind of consultation we went through with our student population in the preparation of this legislation.

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  • Nov/14/22 3:10:00 p.m.
  • Re: Bill 26 

I just want to acknowledge and thank the member for Simcoe–Grey, somebody who was the mayor of Collingwood. I had the privilege of many, many memories of Cranberry Resort in Collingwood.

Madam Speaker, this bill is an extremely important bill in the right direction. As we heard from the minister, she outlined in her remarks that this legislation did not just come overnight. It was based on hours and hours of consultation with faculty staff, presidents, students and several written submissions to the ministry.

What was telling about these consultations is that while the ministry went looking for a general conversation on how to address sexual violence on campus, almost all of these conversations were steered by participants towards faculty or student sexual violence. That is why, Madam Speaker, what we’re doing in Bill 26 is we’re addressing that issue so that the leaders of today and tomorrow can succeed.

For example, Steve Orsini, the president and CEO of the Council of Ontario Universities, said, “Ontario’s universities are committed to ensure student, faculty and staff safety and strongly condemn all forms of sexual violence or harassment. Building on today’s announcement, all of our universities have developed and continue to regularly review their institutional sexual violence policies and processes to ensure that they maintain a survivor-centric approach.”

This is the kind of help and support that we’ve got for the bill, which is a step in the right direction.

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  • Nov/14/22 3:10:00 p.m.
  • Re: Bill 26 

Thank you to the member for Mississauga–Malton for his great dissertation there. I listened intently to all of it.

I know we don’t have a lot of time, Speaker. Maybe the member could talk about a number of actions that this government is taking to keep students safe in the last couple of years.

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  • Nov/14/22 3:10:00 p.m.

The following is the title of the bill to which Her Honour did assent:

An Act to repeal the Keeping Students in Class Act, 2022 / Loi abrogeant la Loi de 2022 visant à garder les élèves en classe.

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  • Nov/14/22 3:10:00 p.m.
  • Re: Bill 26 

I appreciated the member’s reference to some of the data that has been collected in the student surveys, and in particular, the very disturbing data from Western University about the prevalence of students’ experiences of sexual violence. Western University has been taking exemplary measures to deal with that data and other issues at the institution. That includes university-wide mandatory training. That is the kind of holistic investment in prevention and education that would really make a difference for students in our institutions in this province.

I’d like to ask the member, why did the government not include measures like campus-wide education and training for all students, staff and faculty?

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  • Nov/14/22 3:20:00 p.m.
  • Re: Bill 26 

Thank you to the member for that question. Quite frankly, as many investments as are needed to create a safe climate, a safe condition for students to thrive in school without having to fear violence, without having to fear bodily harm, without having to fear psychological harm at the hands of perpetrators.

Specifically, as I said earlier, this government is sitting on $44 billion. That’s a pretty big shortfall that includes billions of dollars that should be going to post-secondary education, to our education sector, to our health care sector, to children, community and social services. All of these, as far as I’m aware, are impacted or are somehow related to supporting victims of violence. Whether you’re supporting the children, supporting the parents, supporting the students, you don’t support them by cutting billions of dollars to the very sectors that will support survivors of violence.

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  • Nov/14/22 3:20:00 p.m.
  • Re: Bill 26 

Thank you to the member for her comments. I listened to this last portion; I listened to all your comments. This last portion—actually, let me start off by saying that it sounds like, in general, there’s an agreement that obviously more needs to be done. It’s a challenging area. I think all people would say—certainly myself and everyone on this side of the government—that any one incident of sexual violence is one too many. So we want to get to zero.

When you reference, though, that more needs to be done and, you know, “Where’s the investments?”—you made the comment about investments that would get us to no incidents. What types of investments would you suggest would actually create zero incidents in the post-secondary education sector?

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  • Nov/14/22 3:20:00 p.m.
  • Re: Bill 26 

As the member for Toronto–St. Paul’s said so eloquently, the community organizations that are really the pioneers on shoestring budgets—you talked about it at the outset, someone engaged in specific efforts at male counselling. I was wondering if you could just elaborate on that, because I’m aware, with the Portapique massacre in Nova Scotia, that the inquiry into that has brought Nova Scotian therapists out in new and creative ways to try to reach perpetrators, to reach men to actually enrol in these programs, and they’ve had a high success rate. But I’m wondering if you could talk about that community organization that you know in Toronto–St. Paul’s and what they need from the government.

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  • Nov/14/22 3:30:00 p.m.
  • Re: Bill 26 

I would like to thank the member from Toronto–St. Paul’s. She has definitely been speaking in her community and listening in her community to all of the struggles that are faced within our survivor community, in our colleges and universities. We definitely see good things that are happening in this bill and moving the benchmark further. But as even the member across the aisle stated, we’ve been asking for this stuff for quite some time. This bill doesn’t go far enough, and that gives the government the ability to crow about the things that they have done but it leaves so many blanks for what is not done. Could the member tell us the danger that happens when the government moves an inch when they need to move a mile?

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  • Nov/14/22 3:30:00 p.m.
  • Re: Bill 26 

To the member from Toronto–St. Paul’s, thank you very much for your sage comments and observations about Bill 26. I’m just very curious: What we’ve heard from the Honourable Minister of Colleges and Universities in previous debates is that this is just one piece of many pieces of legislation that may or may not be coming to address gender-based violence on campuses and perhaps in civil society. Would the province of Ontario benefit from having a comprehensive strategy to address gender-based violence? Would the province have the benefit of creating a new round table to address this particular issue?

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  • Nov/14/22 3:30:00 p.m.
  • Re: Bill 26 

It’s my great honour to rise today to support Bill 26, Strengthening Post-secondary Institutions and Students Act. I want to thank the Minister of Colleges and Universities for proposing this legislation, as a strong advocate for protecting our students, our young people—especially young women—so they can flourish academically and socially.

That is why I’m proud to stand up today in support of Bill 26, the Strengthening Post-secondary Institutions and Students Act, which will create a safe, inclusive environment within our colleges and universities across Ontario.

Ontario is proud to have some of the largest, greatest colleges and universities in Canada, bringing the brightest students from across the country and across the world into our communities. My riding of Scarborough–Rouge Park is home to great institutions, such as Centennial College and the University of Toronto Scarborough. Furthermore, I’m excited that our government is building the first-ever medical school right in Scarborough, training over 1,500 health care professionals right in our community. I’m proud to represent the many students across my riding who either commute to school or live in residence.

We are building academic infrastructure and creating a new generation of professionals to support our economy, and we need both women and men to be trained in the jobs of the future. Madam Speaker, these students are the future. We have an obligation to support them and ensure it is a safe and inclusive environment.

I have heard about the terrible experiences that many young people have faced in and around campus. I’m truly disheartened to hear that the Student Voices on Sexual Violence survey reports that 63% of university respondents and 50% of college respondents have reported an experience of sexual harassment, while 23% and 17%, respectively, said that they had a non-consensual sexual experience/assault.

This is not a reality that we can continue to let happen within our post-secondary institutions. It especially cannot come from faculty and staff, who have an obligation to teach and encourage our young people. We’ve made it clear that our government has zero tolerance for sexual assault and we are committed to protecting our students. That is why in 2019 our government required each publicly assisted college and university in Ontario to establish a sexual violence prevention task force. Last fall we introduced regulatory amendments to protect students from inappropriate questioning or disciplinary action when they report acts of violence.

Today we are building on our commitment to protecting all students in post-secondary environments. There is a power structure between faculty and students and we must never allow that to be abused. This legislation, Bill 26, is going to help institutions to better address sexual misconduct against students. We need to set the highest standards in Ontario, ensuring that the relationship between faculty, staff and students is consistently professional.

The strengthened policies would give institutions the tools to deem the sexual abuse of a student as just cause for dismissal, and this bill will prevent the rehiring of employees found to have committed sexual abuse of a student. These measures would prevent the use of non-disclosure agreements to address such cases where an employee leaves an institution to be employed at another institution and their prior wrongdoing remains secret. They would also require institutions to have sexual misconduct policies in place that provide rules for behaviour between faculty, staff and students, as well as disciplinary measures for faculty and staff who break these rules.

As I said earlier, these amendments are not just a stand-alone policy; these are to add on to existing policies laid out by colleges and universities across the province. This bill is the next step in protecting students, and I’m proud that our government has held consultations with over 100 stakeholders, including representatives from post-secondary education institutions, labour groups, student groups, private career colleges, faculty associations and community organizations.

Understanding and addressing sexual violence experienced by our students is a priority for Ontario’s colleges and universities, and we remain committed to creating a safe environment and a safe working environment free from sexual violence. I know that these changes are important to the young people in my community of Scarborough–Rouge Park. I know that for members from this chamber, across this province, these remain important priorities for their communities.

Madam Speaker, I know the long and extensive process which members at Toronto Metropolitan University went through, a lot of whom are residents in my riding, in finding a new name for the university that they go to or the university that they’ve been to. Toronto Metropolitan University is going through a name change to represent this modern university. If this bill passes, the legislation will respect that decision to recognize the process of Ryerson University to formally become Toronto Metropolitan University. These are big steps in the future of TMU, which will better align the university with its current values. I look forward to seeing what’s next in the future of this great academic institution.

Madam Speaker, this is not just an important time for students academically, but also socially as well. This is a time to find their personality, meet lifelong friends and, of course, their future colleagues. So ensuring that young people, especially young women, are able to go through their education feeling safe, comfortable and confident is important. It’s important in creating a strong future for themselves and our community at large. That is exactly what this bill does, taking a zero-tolerance stance against sexual assault.

That is why we need to pass these amendments that would require publicly assisted post-secondary institutions and private colleges to have specific processes in place that address and increase transparency of faculty and staff sexual misconduct towards students. This includes deeming the sexual abuse of a student as just cause for dismissal. This bill prevents non-disclosure agreements to hide their misconduct when they move on to a different institution. When they move on to a different institution to continue to teach, this bill will prevent the nondisclosure. This will prevent the secrecy that they want to remain. I welcome this because this particular piece of legislation brings transparency.

Also, the third aspect of this bill provides guidelines of what professional academic relationships must look like. The government stands with students across Ontario, as well as assuring victims that we will not put up with this anymore.

I urge members from all sides of this chamber to support this bill, to make sure that we not only stand with our students, but we also create an environment where our future leaders are protected and learn in a safe environment.

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  • Nov/14/22 3:30:00 p.m.
  • Re: Bill 26 

I understand in the last Parliament, 12 members from the opposition introduced petitions around the need to improve Ontario’s efforts towards sexual assault. This bill is doing just that in the education system, where there’s a power imbalance between faculty and students. This is specifically addressing faculty and student issues. We’re being accused, I understand from the member opposite, of tinkering where there needs to be monumental change. So I would ask the member opposite, what are the monumental changes that she thinks—

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  • Nov/14/22 3:30:00 p.m.
  • Re: Bill 26 

That is an excellent question. I do believe the province would benefit by having a round table. As we know, one of the first things the Conservative government did was slash a round table that was particularly created and co-chaired by two phenomenal human beings, Pamela Cross and Farrah Khan, literally created to help address the issue of violence against women. The government slashed that round table, along with slashing funding to rape crisis centres across this province.

I would also say as well, as the member from Toronto Centre has raised previously, where is the support around participatory work-integrated learning opportunities like co-op placements, internships? Are those employers, if they happen to be perpetrators, also included in this bill?

But what we could do right now is to pass the piece of legislation that the member from Toronto Centre had put forth calling for a consent awareness week, right here in the Legislature. The member from Toronto Centre put forth this call repeatedly so that we could have had this legislation passed before the end of the summer sitting, and this government said no. If you’re going to help survivors of sexual assault, there’s a tool for your tool box, a piece of legislation put forth by Toronto Centre. Pass that legislation. Let’s have that consent awareness week so the courageous conversations and the actions that have to happen on campus and in the school communities are taking place.

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

I’d like to thank the member for Spadina–Fort York for that question. As I said in my remarks, Madam Speaker, the Ministry of Colleges and Universities went through comprehensive consultations with over 100 stakeholders, including student groups, labour unions, labour groups, faculty associations and community organizations. They came up with these aspects to make sure that we have action items to prevent non-disclosure agreements, so there is transparency; to make sure that sexual abuse from faculty and staff towards students is just cause for dismissal; and for institutions to create a framework, a policy, to have proper academic staff and faculty professional relationships towards students.

I think this has action items. It’s a good bill moving forward. I hope all members support this bill.

Madam Speaker, it is often in the toughest times that we find opportunities for change, and I feel this bill is such that, after the allegation at Western, President Shepard and his team took a very focused approach to combating sexual violence on campus. It started with supporting students, making sure that those impacted by the events of last September were supported. It evolved into creating further resources on campus for students, and strengthening the sexual violence policy to provide stronger resources for the institution and better protections for students.

I’m proud to say that Western is one of Ontario’s leaders in combating sexual violence and will continue to work towards that. Our government has a zero-tolerance policy towards sexual misconduct, and I think this bill is a good piece that we can all vote in favour of.

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