Senator Boisvenu: Yes, it is the same wording, and I will add an explanation, because it’s a rather complex subject. It’s important to understand that a man — because in 90% of cases, it’s men who abuse women — who has received a pardon and then goes on to assault another spouse, when he appears before a judge, if this section doesn’t exist, the onus will be on the Crown to prove that this is a violent repeat offender who shouldn’t be released.

If we take away that privilege, any repeat offender who is brought to justice will be treated equally. Whether an offender has been pardoned or not, if he assaults another intimate partner, the onus will not be on the Crown but on the accused to prove that they aren’t violent.

What this says is that the offender had a privilege, but if he has breached his obligations, he is treated the same as a violent man who appears before the court after having reoffended.

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Senator Boisvenu: That is absolutely true. We are referring here to repeat offenders. Put yourself in the shoes of a victim who found out that her abuser, for all sorts of reasons, is travelling to the United States. Justice granted him a full discharge. The victim is under the impression that the individual didn’t receive a sentence for the assault he committed. The victim feels frustrated.

It remains a privilege that this individual receives, and it is a unique privilege. This privilege is conditional on one thing: He must not reoffend.

This individual who would abuse another spouse and end up before the same judge might tell him that he’s not a repeat offender since he was granted a discharge.

In my opinion, the discharge is a privilege that requires an obligation not to reoffend. If you reoffend, that privilege is revoked. This will apply mostly in the case of men who are repeat violent offenders. We’re talking about repeat offenders who are a risk to women, not only abused women, but all women.

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