It’s an honour and a privilege to stand before the House today to present the Change of Name Amendment Act, 2023, known as Bill 138, and I am proud to introduce this bill with my co-sponsor, the MPP from Thornhill, who I will be sharing my time with.

Similar legislation has been successfully enacted in other provinces, and it is time for Ontario to do the same. This bill has a simple purpose: to prohibit convicted sex offenders from obtaining a legal name change. The term “sex offenders” refers to individuals that are convicted of a sexual offence and are required to comply with the provincial Sex Offender Registry, known as Christopher’s Law. We want to make it harder for sex abusers to cover up their criminal activity and to hide their true identities.

Legal name changes happen frequently in this province, as is necessary. Whether it’s due to marriage or identity purposes, name changes are foundational to allowing people to be who they want to be. While name changes are often positive, there are concerns that need to be addressed. Criminals will exploit and take advantage of any opportunity that comes their way. For example, convicted sexual offenders can use a legal name change to obscure themselves and possibly commit further harm under this new identity.

There is no denying that some individuals will take advantage of rights and privileges and use them to inflict harm on others. Although Ontario’s current name change regime has existing protections, there is a need to tighten the process so that sexual offenders do not abuse this privilege.

The Change of Name Amendment Act will enhance our government’s zero-tolerance approach to sexual assault. Further, it will aid our commitment to protecting survivors, their families and communities as a whole. We take sexual assault and crimes against children extremely seriously. Providing supports and protections to Ontarians remains one of our top priorities.

A zero-tolerance approach is necessary when dealing with a heinous crime like sexual assault, particularly when the victims are children. These types of crimes often follow a pattern as predators seek out their targets. Unfortunately, predators often target individuals they perceive as vulnerable. Through coercion, threats and intimidation, they force their victims into silence, causing them to feel alienated and alone. You are not alone, and we as the government of Ontario are doing anything we can to bring justice.

Under the current name change process, individuals are required to complete a criminal background check and to have lived in the province for the previous 12 months. Additionally, name changes are published in the Ontario Gazette, unless requested by the applicant and approved by the registrar. That seems complicated, Madam Speaker, but I want to emphasize this: that although name changes are published in the Gazette, making them publicly available, this is not a publication that people frequently consult. In fact, most people probably don’t even know the Gazette exists or where to access it.

While there are existing safeguards in the name change process, more can be done to protect survivors of horrific crimes as convicted sex offenders could successfully change their name under the current system even before they leave jail. Name changes provide these dangerous offenders with an opportunity to distance themselves from their crimes. While offenders can adopt a new identity and possibly commit further harm, their victims are forced to grapple with the repercussions and the trauma. Sex offenders must be held accountable, and the rights of survivors should remain paramount.

It is, of course, important to recognize that recidivism, as in repeating, among sex offenders remains an ongoing problem. Offenders with a prior sexual offence conviction had a recidivism rate nearly double the rate of first-time sexual offenders, 19% versus 37% after 15 years. Unfortunately, there is a visible upward trend of sexual assaults, especially against children, according to the most recent reports from Statistics Canada. This is horrifying. The time to act is now. This is an important measure of protection for the victims.

As previously mentioned, this measure has been adopted in other provinces, like Saskatchewan and Alberta. To demonstrate the need for this legislation, I’ll provide a grave example that contributed to Saskatchewan adopting this policy. David Donald Shumey was a 76-year-old man who returned to Regina after spending 20 years in a US prison for various sexual offences dating back to the mid-1990s. He was arrested in Las Vegas and charged with 88 different counts. When he was released from jail, he returned to Regina and legally changed his name to David Donald Stryker.

We cannot allow individuals like David to adopt a new identity and cause further harm. Even though the name change would have been published in the Saskatchewan Gazette, is it fair to place the onus on survivors to keep tabs on their abusers by browsing the gazette each week? Or would it make more sense to prevent the name change altogether?

Our goal has been and always will be to protect survivors, their families and their communities. If someone is convicted of a sexual offence and required to comply with the sex offender registry known as Christopher’s Law, they should be barred from changing their name. It’s as simple as that.

I’m extremely proud to co-sponsor and bring this legislation before the House. Improving the lives of survivors and providing reassurance and safety to communities is our goal. I look forward to working with all members of the Legislature.

It’s my pleasure tonight to rise in support of Bill 138, and I want to congratulate my colleagues the MPP from Haliburton–Kawartha Lakes–Brock and the MPP from Thornhill for bringing this important private member’s bill forward. It’s also my pleasure as the parliamentary assistant to the Ministry of the Attorney General to speak to this matter.

This is a government that is committed to putting the safety and well-being of our citizens and our communities first and foremost. Earlier in this session, we spoke to the need to address bail reform to make sure that a small percentage of our most violent re-offenders are kept off the streets pending trial. This debate tonight is a little bit different, because what we’re discussing is not pre-sentencing issues; what we’re talking about is post-conviction issues. That type of sentencing and carrying through on those types of sentences to make sure that we safeguard our community and specifically those that are most vulnerable in youth and women is a critical, critical issue for us.

We look at the Canadian Charter of Rights and Freedoms, and it states in section 1 that the charter “guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” We in Canada are somewhat unique in this. We do not prioritize rights. We don’t stack rights. They live in a continuum, in the balance that we try to strike in making sure that we have a respect for the rights of the individual, and we understand how those rights turn into obligations when we live in a community. So with a right comes an obligation. For example, in our freedom of speech: That freedom of speech is balanced by our obligation to prevent hate crimes, to not speak prejudicially about others and to make sure that the conversations we’re having are productive and discursive.

That same balancing act, Madam Speaker, exists in our Criminal Code as well. While we want to make sure that the rights of the individual charged are respected—that they get a free and impartial trial, that they have the right to a lawyer—that is balanced with the need for us to protect our citizenry and to make sure that, when we’re sentencing, we’re looking at the determinants of a sentence, from rehabilitation to retribution to deterrence. All of these foundational aspects of the sentencing process are grounded in the idea that, if you break the law, you will pay the price, and there’s a balancing to make sure that our citizens and our most vulnerable are protected from criminal conduct or the acts of others that transgress the Criminal Code.

The situation that we’re talking about tonight is really about protecting our most vulnerable. We’re looking at a convict who has been convicted of crimes, of sexual crimes against youth, against women and against other men, to make sure that they must serve the penalty that’s been meted out to them, but also that we balance that so in their post-sentencing world they will be monitored and so that we can most protect those in our society that need that protection.

Christopher’s Law, enacted in 2011, is a strong example of that. An 11-year-old boy was murdered by a convicted sex offender who had a past record and took the life of an 11-year-old, so we created a registry so that we would have a continuous record of those who had committed these most heinous crimes. What we’re doing tonight is trying to close a loophole that would allow a convicted sex offender to walk around Christopher’s Law and to subvert the protections that the government of Canada has put in place to protect the most vulnerable from a sex offender.

We have heard from the earlier speakers tonight of the prevalence of recidivism in this type of offence: as high as 35%, or one in three. If we allow name changes to take place—and we have seen that happen. We have seen it in the example of Karla Homolka. We have seen it in the case of David Donald Shumey from Saskatchewan and also in the case of Adam Budgell, who was convicted on three separate occasions of domestic abuse and rape of his former partners. One of those partners is Jenny Smith from Welland, Ontario. After the conviction of her assailant, she said, “I could sleep at night knowing that once he was released, all any person—a woman, a family member, a friend ... could” do was to “google ‘Adam Budgell’ and he could not escape what he had done.” But Adam did; he changed his name. By changing his name, he sidestepped the important tracking that could be done through Christopher’s Law to prevent, and protect our citizens.

Madam Speaker, this motion, this private members’ bill, will plug that loophole, will make sure that the intent of Christopher’s Law is abided by and will balance the rights of the individual against the collective rights of our citizenry and our communities. On this topic and in this situation, there can be no mistake that the protection and the favour must fall on the side of our citizens and our communities. For that, I will be supporting this very important private members’ bill. Again, I thank the members for their hard work on this.

And I will be sharing my time with MPP Leardi.