SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
November 14, 2022 10:15AM
  • Nov/14/22 2:10:00 p.m.
  • Re: Bill 26 

I thank my colleague for the question. It’s an important question.

I think we all agree here in the chamber that supporting survivors of sexual violence and sexual harassment should be the number one priority of us as legislators here.

I’m very happy to highlight some of the other good things that are happening in this bill. For instance, if passed, these changes would strengthen the tools available to institutions in order to address instances of faculty or staff sexual misconduct against students, i.e. deeming sexual abuse of a student to be just cause for dismissal, and preventing the use of a non-disclosure agreement to address instances where an employee leaves an institution to be employed at another institution and their prior wrongdoing remains a secret.

There’s a lot of very good material in this bill. I will certainly be voting for it myself, and I urge my colleague to do the same.

The kinds of changes that we’re putting forward in this bill—it makes you wonder how these weren’t in place already. The idea that you could have somebody sign a non-disclosure agreement when they’re an abuser, on the faculty or the staff, and you have some of these vile individuals being able to hide in plain sight so that students don’t know the history of the people who are teaching them—I think it was a massive oversight that I’m proud our government is taking steps to correct.

We hear all the time that young people are vital to the success of our province. We need to be giving our young people every tool in the tool kit to allow them to succeed, and a safe place to learn is the bare minimum to do so.

We need to make sure that we’re building an inclusive society where nobody feels entitled through their position of power or authority to treat anybody any differently, and especially to engage in some of the heinous types of sexual harassment and sexual violence that we’ve been seeing.

An important piece of this bill that I think my colleague would agree with is around the accountability measures, so that you can no longer allow a non-disclosure agreement to be signed that protects somebody who committed one of these acts at another institution. They can’t just sign up and work at another institution. I think that’s an important piece. Another big piece of it, frankly, is to allow it to be just cause for dismissal.

I hope that these changes impact the safety of our students.

I think having a safe place where people feel secure is fundamental for everybody’s success, whether you’re part of faculty, whether you’re on the staff, or whether you’re a student. When people can have trust in an institution that not only the authority figures but also their colleagues are being held to a standard, I think that creates a healthier work environment for everybody involved.

The instance that I pointed out in my remarks, where a faculty member at a school in Niagara region was found guilty and was able to work there three years later—not only would that make the students feel unsafe, but I imagine that would make the other faculty and staff feel unsafe as well.

I think more transparency and more accountability is better for everybody.

This is the first time that I have been able to do a question-and-answer when speaking to a bill, and I want to thank the opposition for being very thoughtful in their questions, and the colleagues on our side of the House for being thoughtful in their questions as well.

This is an important bill. It’s going to make our campuses safer. It’s going to help protect students. It’s going to make a better environment for faculty and for staff. I really do hope that everybody in this House votes for this bill. It is a very good piece of legislation; I’ll be voting in favour.

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  • Nov/14/22 2:10:00 p.m.
  • Re: Bill 26 

I would like to thank the member from Brampton North for the great debate about the bill, Bill 26.

Formerly, from my past life as an IT professor who taught at colleges and different institutions, I understand the importance of protecting students. I understand the importance of a feel-safe environment where students can learn and feel safe to approach their professors and faculty—to make sure that they are protected by different regulations.

I would like to pose a question for the colleague from Brampton North: How do you see those changes impacting the safety of the students against sexual harassment?

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  • Nov/14/22 2:10:00 p.m.
  • Re: Bill 26 

I thank you very much for the debate today.

I want to also thank the minister for bringing this really important bill forward.

To anybody, all across the board—it doesn’t matter what political stripe you are—sexual harassment, sexual violence has no place in our society.

As leaders in our community and as parents, we must talk to our children, making sure that they know that no is no and that consent is important; we all have a responsibility, as legislators.

We also have a responsibility, as parents or aunts or uncles or grandparents, to make sure our young people grow up to be good citizens in society.

Thank you for bringing this bill forward, Minister.

And thank you for the debate today.

We know that Bill 26 has a strong focus on faculty and students. Can you talk a little bit about how it’s not just good for students but it’s good for the faculty and staff as well?

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  • 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 3:10:00 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 3:50:00 p.m.
  • Re: Bill 26 

Thanks to the member. Our government believes that no one should have to worry about sexual violence or sexual misconduct, on or off campus. As I said, in over 100 stakeholder consultations that the minister and his PA and the team went through, one of the quotes that we got from the president and CEO of the Council of Ontario Universities, Steve Orsini, was, “Ontario’s universities are committed to ensuring 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.”

Madam Speaker, we have consulted the stakeholders, and as a ministry, as a government, we will do so in further opportunities to make sure we are—

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

I’m pleased to have the opportunity to speak today on Bill 26, the Strengthening Post-secondary Institutions and Students Act. This legislation covers topics that are very personal to me, having spent the last few weeks working with my community, my colleagues and hospitals in Niagara to ensure we have better practices for sexual violence and harassment, not only on campuses but for anyone who is seeking support.

I do want to acknowledge, before going too deep into the theme of the bill, that Bill 26 does provide post-secondary institutions and private career colleges with the clear rights to fire employees when they are found to have sexually abused a student, stops them from being re-hired and bans the use of non-disclosure agreements.

It is important to create safe spaces. It is not a surprise that students who had experienced unwanted sexual behaviours reported that it affected their mental health; simply, it affected their life, both academically and their post-academic life. It is traumatizing.

Madam Speaker, I would be doing a disservice to my own community if I did not bring up an incredibly important point on the matter of sexual assault and this legislation: Transparency is important; however, so is the experience of the survivor once they have endured the trauma of a sexual assault.

In Niagara last month, we saw the cost of a health care and hospital system that has been ill-supported by this government in terms of maintaining staffing levels to ensure that a survivor, whether from academia or anywhere else, was able to receive adequate support, namely a sexual assault evidence kit.

Unfortunately, our local hospital in Niagara desperately needs support from this province. It is forced to send away survivors of sexual assault to see nurse examiners in other regions. In the case of being sent to Burlington from Niagara, a victim is being asked to get in a cab with a complete stranger and travel for over an hour to another hospital.

Survivors—ensuring they get access to sexual assault evidence kits in a timely manner and local manner. This is because we can all agree even a single survivor being turned away and a single survivor losing their justice is an issue we need to find a solution to immediately.

Speaker, sexual assault survivors need real, tangible support alongside protections like these. They need to know that we have priorities in this province, across all hospitals, that put survivors first.

In fact, during the same time survivors in Niagara were being turned away because we did not have the staff to give them the support they required, the same thing happened in New Brunswick. The difference between Ontario and New Brunswick has been crushing. Over the last few weeks, New Brunswick has offered sweeping changes to how survivors receive support and education, and guarantees that they get the support they need.

In Ontario, we see legislation like this but no mention of actual, tangible supports for survivors who are being turned away not only in Niagara, but, I’m expecting, across Ontario. Simply, we need to see minimum standards for campuses when it comes to sexual and gender-based violence. My colleagues have raised this issue. We cannot treat this matter as a token of half measure. We must make a full and comprehensive review of the gaps for survivors and close them, as urgently as possible.

Madam Speaker, there is a lot more work to be done to support survivors, and it is dangerous if this support is done in a way that ignores the problem we have at hand.

It is my hope that this legislation is not the government just checking a box, but that they will begin to see awful gaps across communities and help hospitals with funding to ensure no survivor is turned away, whether they are a student or otherwise. In Niagara, our hospital response program is still left with silence from this government on that support. This is a problem that makes it seem that this issue is not being taken seriously enough. That makes me very worried. I would like to see legislation that tackles sexual violence and gender-based violence include support for survivors and hospitals. In this legislation, specifically, I would like to see clear supports for students who are survivors, ensuring they get access to sexual assault evidence kits in a timely and local way.

I want to take some time out during the debate on Bill 26 to highlight that sexual assault and protecting survivors is not a partisan issue; it is not a platitude either. It requires, in a meaningful way, understanding the matter fully. Sexual assault shatters people’s lives, and the impact of this violence must never be minimized.

The rates of post-traumatic stress disorder for survivors of sexual assault are incredibly high. The road to trauma recovery is long, confusing, often volatile and immensely difficult. It is with this in mind and heart that we, as leaders, must work together to ease this path for survivors and remove each and every barrier we can along the way.

Through you, Speaker, I urge the government to include in any bill, especially one that relates to sexual assault, urgent next steps—that must include the immediate repeal of Bill 124 so we can recruit, retain and return nurses to this sector, which will help keep hospitals and community care centres operating at their full capacity, ensuring necessary care can continue uninterrupted. That’s the issue we have seen in Niagara region—survivors being turned away. Limiting what we can do to compensate nurses has led to survivors being turned away, and these survivors could be students or anyone in the public; we will all agree that it is unacceptable.

Supporting members of our community who have been sexually assaulted must include a holistic approach, it must include wraparound services, and it must utilize the great work that is already being done by our local experts—in Niagara’s case, these are performed by staff at the Niagara Sexual Assault Centre.

It is also imperative that this government restore funding to sexual assault crisis centres as well as provide the 30% increase called for by the sector. Sexual assault recovery often requires a comprehensive approach involving both treatment and crisis centre services, both of which are stretched thin, province-wide.

Madam Speaker, before I relinquish my time speaking to this bill, I have one more note to make, which should be tied to this bill: There should be a broader view of all sexual assault funding across the province. As a very local example, Niagara Health has requested $183,000 in additional funding to enhance staffing resources and ensure survivors of sexual assault are fully supported. Their plea for help has not received a response from the Minister of Health as of yet. It is discouraging to know they are still left with silence, despite the conversation about sexual assault support through this bill that is actively being discussed right here today. This money would have incalculable value to ensure that survivors of sexual assault are supported in the aftermath of an assault and are given the tools to ensure justice can be pursued.

Since Niagara Health has not received a response from your ministry, they are forced to fill this urgent funding gap with their own resources, which have already been stretched way too thin. That’s not the right approach we should be having. This is not the conversation we should be talking about. We should not create protections in schools but leave the actual follow-up and justice hanging in the air. There is no justice in that. I think we all can understand that.

Thank you, Speaker, for the time.

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

To the member from Spadina–Fort York: He’ll recall that last fall we made policy changes to strengthen post-secondary students reporting sexual violence and harassment—several regulations and amendments that addressed some part of what you spoke of going forward. Remember that?

Notwithstanding, my question to the member from Spadina–Fort York is: Does the member opposite feel that faculty or staff who have a history of committing sexual violence be allowed to remain in their role protected by non-disclosure agreements? Or should they be dismissed?

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