SoVote

Decentralized Democracy

Randall Garrison

  • Member of Parliament
  • Member of Parliament
  • NDP
  • Esquimalt—Saanich—Sooke
  • British Columbia
  • Voting Attendance: 63%
  • Expenses Last Quarter: $148,586.11

  • Government Page
  • Jun/4/24 6:20:50 p.m.
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Madam Speaker, for many reasons, I am really pleased to be standing to debate the current bill at third reading. I am happy, because I first tried to bring this issue to the attention of the House nearly four years ago. It has been a long struggle to get the bill to this state. I am also happy because the bill does something quite important: It recognizes that, in intimate partner relationships, there are other forms of violence than broken bones and bruises, and they are equally harmful. I am happy that all parties have now come to support the bill. We owe a great debt of thanks to the survivors who came forward to committee and publicly told their stories of suffering coercive and controlling behaviour. We owe it to the women's shelter workers, who gave very eloquent testimony about the need not only for better legislation but also for better supports for women who suffer from domestic violence. We also owe a debt of thanks to the police who talked about their frustration. In particular, those in the Saanich Police Department told me that, many times, officers visited homes that they knew they would come back to. They knew that there would be bruises and broken bones next time, but they did not have the tool they needed to intervene. Finally, I want to thank the member for Victoria. I took this, as my own private bill, as far as I could get it in the last Parliament. I have been very pleased to work with her in this Parliament to make sure that the bill gets across the finish line. There is an urgency here. Quite frankly, I was worried that the bill might get lost in the rancour of the end of a sitting in a minority Parliament. I want to express my thanks to the member for Calgary Nose Hill, who did some important negotiations today that will help us get the bill back in front of the House next week so that we can pass it before we rise. Why is it urgent? Of course, we all know the terrible statistic that, once every six days, a woman in this country is murdered by their intimate partner. Not as familiar is the statistic that nearly 25% of those are indigenous women. Given the promises that we have all made in this Parliament, especially the government, to act on the issue of missing and murdered indigenous women, this becomes a part of that package. It is also urgent because, often, the women who are subjected to coercive and controlling behaviour are among the more marginalized in our society, whether they are indigenous women; new Canadians, who may lack the connections and supports in the community to escape such relationships; or those within my own community, the queer community. We recognize, and we heard very clearly, that there is a concern about ensuring that the bill not do further harm. There were some extensive amendments made in committee to prevent revictimization as much as we can for those who survive, as well as to prevent the use of the bill by the actual abusers to continue their coercive and controlling behaviour. Two of those amendments are quite important. One would forbid those who self-represent from being allowed to cross-examine their partners. These are perpetrators who engage in coercive and controlling behaviour and who represent themselves in court. Instead, the judge would appoint an independent lawyer to do that. That is an important part of avoiding revictimization by the abusive partner. The second is equally important. It says that, in findings of guilt under this offence, the judge must consider the overall context of the relationship. In common language, this means that the judge would have to ensure that the actual abuser, not the victim of coercive and controlling behaviour, is the one being charged. It is my hope that, after seeing these important amendments, the other place will also act expeditiously to pass the bill. In addition to the women who are subject to coercive and controlling behaviour and the harms they suffer, and in addition to those who eventually die by femicide, which, 95% of the time, is preceded by coercive and controlling behaviour, the other victims of coercive and controlling behaviour are children. Children who are in households where coercive and controlling behaviour is taking place quite often suffer enormous psychological damage as a result of this behaviour as it goes on. That leads to a related question that the bill does not address, and that is parental alienation. As I like to say when we talk about family law, this is not a thing. There are people who try to use the concept of parental alienation against their partners, saying that it is not their behaviour that has caused their children to be afraid but their partner, who is alienating the children's affections. The bill does not deal directly with parental alienation, but it does deal with one of the fundamental causes of those disputes, which is the coercive and controlling behaviour at its root. We have heard today that all parties are very interested in making sure that we also address the question of parental alienation. Will the bill end domestic violence? Of course it will not. There are many other supports that the frontline women's shelter workers talked to us about. They include legal aid in family law at the provincial level and additional funding for shelters. During the pandemic, it became quite clear that many women do not have good options for leaving these relationships. Even when women finally come to the conclusion that they have no other option but to leave, there is no place for them to go in the community. In particular, many women stay in relationships because they have children; they are not sure how they will provide shelter and food for those kids. Therefore, they suffer through that coercive and controlling behaviour in the interim. Quite clearly, we need better education in the justice system on the issue of coercive and controlling behaviour, as well as domestic violence in general. Too often, stereotypes of survivors and relationships interfere with the proper operation of the justice system. Many police forces have done good work in establishing domestic violence units. Not all police forces have those units. We need to make sure that police forces have people who are trained and have the sensitivities to recognize when there are harmful relationships in front of them. When the bill is in place, they would be able to use it to help people get assistance in those times. We also know that prosecutors, quite often, do not proceed with cases because of a victim's reluctance to testify. We need some education there, both for the survivors and for the prosecutors, to make sure that these situations actually proceed in court, as they should. This is a way of sending a very strong social message that this behaviour is unacceptable and that those who engage in it will be sanctioned by society. Finally, there is a difficult topic and one that I am always concerned about: We need to encourage judges to better educate themselves in this area. I respect the independence of judges, and I am not arguing here today that we make judges do something. What I am arguing is that we should get the attention of judges and have education provided to them, within their own professional organizations, on the topic of domestic violence and, in particular, coercive and controlling behaviour. No, the bill would not stop domestic violence, but because of the close connection between coercive or controlling behaviour and femicide, it may play an important role in reducing femicides in this country. The bill would provide an important tool to catch harmful and dangerous situations in interpersonal relationships earlier than we do now. This is what I heard very strongly from the frontline shelters and from the police. Right now, we lack a tool that recognizes and allows action before there are bruises and broken bones. I am pleased to see virtually universal support for the bill. I am pleased that we have a good prospect of getting it passed next week and getting it sent to the other place. I am hopeful that the amendments we made address the concerns of some of the Senators and allow them to act expeditiously as well.
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  • Mar/10/23 12:34:15 p.m.
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Mr. Speaker, yes, when we held hearings at the justice committee, it was made very clear to us that we ought not forget that not only are children often used as part of the coercive and controlling behaviour, but they are also the victims of coercive and controlling behaviour. To see this kind of violence used against their mother, as it is almost always the case of men versus women, has long-term mental health impacts on children. We have tried to be aware, in writing these recommendations, of the need to consider those broader impacts, not just on the survivors, but on broader family dynamics.
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  • Mar/10/23 12:32:58 p.m.
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Mr. Speaker, I am going to turn back to the justice report and the very specific recommendations about domestic violence rather than talk about another bill today, because the motion is to get what I hope will be support from all parties in the House for moving forward on the very broad range of recommendations in the report. So, that is what I am hoping we will get to. I am hoping that this debate will conclude today so that we can have a vote when we come back and express the will of the House, which I believe to be unanimous in that we need to take further action on intimate partner violence.
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  • Mar/10/23 12:30:59 p.m.
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Mr. Speaker, before I came here, I was a member of a municipal police board, and I am quite familiar with the challenges police have, because we leave so many social problems to them to try to deal with rather than providing the services in advance that would prevent these problems from ending up in the legal system. What was most striking to me at the beginning of the pandemic was when I phoned and talked with local police agencies. They were saying that “We have an increased number of domestic violence calls, and in many of those, we know that this will end up in violence, but with the way the law is structured right now, we have no way to offer assistance to those victims until there are bruises and broken bones.” That phrase that I have been using came from one of those police officers who gets sent to those problematic relationships. So, it was from both police and women's agencies that the suggestion came that we needed to move that point where we provide assistance closer to those times when the victims actually need it.
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  • Mar/10/23 12:28:29 p.m.
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Mr. Speaker, the report of the justice committee does not just deal with the legislative part, it also make serious recommendations about increasing the supports, in particular, for frontline community and women's organizations that provide assistance to the survivors of domestic violence. So, it is a package of measures that is in the report and not just adding to the Criminal Code. However, I do want to emphasize what I think is very important here, which is that we need to move that intervention point, or that help point, forward. When we can do that, it will not be really about prosecuting more men, it will be about making sure that the violence does not occur, which ends up in prosecutions.
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  • Mar/10/23 12:27:11 p.m.
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Mr. Speaker, I think what we are trying to get across as a justice committee and as members of Parliament is that there is a failure to recognize that coercive and controlling behaviour is, in and of itself, a form of violence. As I said in my brief remarks, this is really not about creating a new criminal offence. It is about moving that goalpost to where people can get assistance when they are in problematic relationships instead of making them wait until there is physical harm before social service agencies, law enforcement or whoever else can step in to assist them in escaping coercive and controlling behaviour. I think that this is where we are starting, by recognizing this as a form of violence and doing so explicitly in the Criminal Code of Canada.
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  • Mar/10/23 12:23:20 p.m.
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Madam Speaker, I move that the first report of the Standing Committee on Justice and Human Rights presented on Thursday, April 7, 2022, be concurred in. I first want to thank my caucus for making the opening available for me to move this concurrence report, and I also want to thank, in particular, the members for Victoria and for Nanaimo—Ladysmith, with whom I continue to work very closely on matters to do with combatting violence against women. In Parliament, unanimity is a very rare thing, but fighting violence against women provides an instance where all parties have agreed. This report and its recommendations have now twice received the support of all parties in the justice committee. The statistics on violence against women in Canada are shocking and clearly demonstrate that intimate partner violence is a growing problem. At the start of the pandemic, I heard from both frontline service providers and police in my riding that domestic violence calls for assistance had increased by more than 30%. Unfortunately, this happened in communities all across the country, and these rates of violence have not decreased, even as pandemic measures have eased. We continue to lose one woman every six days to intimate partner violence in Canada. More than 40% of women, that is more than six million Canadians, reported experiencing some kind of psychological, physical or sexual abuse in an intimate partner relationship in their lifetime, and marginalized women bare the brunt of this violence. For indigenous women, the number reporting abuse is 61%, and for women with disabilities it is 55%. For lesbian, bisexual and transwomen, it is over 67%. While indigenous women account for 5% of the population, they account for 21% of all women killed by an intimate partner. Making coercive and controlling behaviour a criminal offence is not really about adding a new offence to the Criminal Code. Instead, it is about recognizing that this behaviour is, in itself, a form of violence. It is about moving the point at which victims can get help to one before physical violence occurs, instead of making them wait until there are bruises and broken bones. As femicide in intimate partner relationships is almost always preceded by coercive and controlling behaviour, this change will save lives. We should also recognize the broad community impacts that intimate partner violence has in all of our communities, not only on survivors but also on families and, in particular, on children, both in their physical safety and their mental health. I urge all members of the House to support this concurrence motion, to support the necessary legislation when it comes forward later in the session and to support the other important recommendations in this report. Let us show Canadians that we are united and that we are determined to bring an end to violence against women in this country.
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  • Oct/25/22 10:04:58 a.m.
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Mr. Speaker, I rise today to table petition e-4062. The petitioners recognize the ongoing crisis we have with intimate partner violence, as we now have the fifth year of consecutive increases. In doing so, they call on the government to introduce legislation to make coercive and controlling behaviour a criminal offence in this country and to enact a suite of measures, in concert with the provinces, to provide better supports to those who are survivors of intimate partner violence.
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  • Oct/18/22 2:14:33 p.m.
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Mr. Speaker, with the pandemic came a spike in calls to frontline agencies for help with domestic violence. Like the pandemic, that increase has not faded away. In the previous Parliament and again this June, the justice committee unanimously recommended that the government bring forward legislation to make coercive and controlling behaviour in intimate partner relationships a criminal offence as one additional tool to help fight intimate partner violence. Unfortunately, when the government tabled its recent response, there was no sense of urgency. In Canada, we continue to see a woman killed by an intimate partner, on average, every six days, and coercive and controlling behaviour is almost always a precursor to this physical violence. In the face of government inaction, New Democrats will be seeking other ways to make sure victims and survivors get access to the help they need, with both improved access to support and making coercive and controlling behaviour a criminal offence in my private member's bill, Bill C-202. I ask all members of the House to continue to support concrete action to address the ongoing scourge of intimate partner violence in Canada.
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  • Jun/22/22 10:12:29 p.m.
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  • Re: Bill C-28 
Madam Speaker, in justice, when talking about a number of issues, there is always an area where we need to do more. That is the issue of violence against women. We have heard the Liberal government talk about its action plan for quite a long time now, and I think most of us are ready to see that plan and would like to make sure there is actually action in the action plan. As I mentioned toward the end of my speech, the issue of coercive and controlling behaviour is a form of violence, but it also usually leads to physical violence eventually. We have had all-party agreement at the justice committee; we achieved that twice. We have held hearings at the justice committee. I express my hope, and I do it again, that sometime very soon in this Parliament we will get the same all-party agreement to move quickly on that issue as well.
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  • Jun/22/22 9:16:47 p.m.
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  • Re: Bill C-28 
Madam Speaker, I know the member shares the same concern we have as New Democrats: This is only one part of attacking violence against women. Does she share with me the concern that the justice committee has twice recommended to the House that the government act to make coercive and controlling behaviour an offence in the Criminal Code? We know that coercive and controlling behaviour contributes directly to violence. Does she share my concern about the sloth with which the government is approaching that recommendation?
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  • May/3/22 2:15:46 p.m.
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Mr. Speaker, I rise today with renewed hope to address the crisis of coercive and controlling behaviour in Canada. I began this work at the start of pandemic when I started to hear from police and frontline service providers who were seeing a spike in domestic violence. I still hear every week from those suffering from coercive and controlling behaviour. They are living in fear of the physical violence that nearly always follows it. A tragic fact in this country is that one woman dies at the hands of her partner every six days. Many fear not only for themselves, but also for the safety and well-being of their children and other family members. The justice committee has tabled its report “The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships” for a second time. I eagerly await the response from the government to this unanimous report. Taking action to make coercive and controlling behaviour a criminal offence will send a clear message that this behaviour is, in itself, violence. Taking this action will give hope to survivors, allow earlier intervention and help create a path to safety for survivors.
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