SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
November 14, 2022 10:15AM
  • 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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