The House resumed from October 2 consideration of the motion that Bill , be read the second time and referred to a committee.
:
Mr. Speaker, I will be sharing my time with the member for .
Today I speak in support of Bill , an act to amend the Judges Act and the Criminal Code.
This bill has had the support of the House on two previous occasions, but despite all-party support has not yet become law. Listening to debate last Friday, it was obvious the bill continues to serve as an example of ongoing parliamentary collaboration and one which we should all take pride.
I want to start by recognizing and thanking the Hon. Rona Ambrose for her initiative on this critical issue. Her bill was the first legislation to be studied at the Standing Committee on the Status of Women. The collaborative work we did at committee made the bill stronger, and I am happy to see that the government has incorporated amendments from that study into this bill.
At the time Ms. Ambrose introduced her private member’s bill, several high-profile rulings had shown Canadians some judges did not understand sexual assault law and were relying on myths and stereotypes when issuing their rulings.
Members of the House will recall when former Alberta Federal Court Justice Robin Camp asked a sexual assault complainant why she could not “keep [her] knees together” during her alleged rape. Because of his comments, the Canadian Judicial Council launched a review into Justice Camp’s conduct and concluded that he “acted in a manner that seriously undermined public confidence in the judiciary.” Following the review, Justice Camp resigned.
Ultimately, Bill is about assuring Canadians that judges who are elevated to federally appointed positions have a desire to understand the myths and stereotypes that have been present in Canadian society for far too long. The federal government should appoint judges who acknowledge that learning is a lifelong process and value continuing education. This is a bill created to ensure that no other sexual assault complainant will be subject to condescending, humiliating and disrespectful conduct from a federally appointed judge.
Bill would amend the Judges Act to require that a candidate seeking appointment to a federally appointed judicial position attest to participating in training related to sexual assault law and its social context. The bill would also require the Canadian Judicial Council to ensure this training is developed after consultation with those knowledgeable in the field or other individuals or groups it considers appropriate, including sexual assault survivor organizations.
These amendments are designed to ensure that newly appointed superior court judges are fully apprised of the law in relation to sexual assault and on social context. Moreover, the bill is possible because of the already outstanding work the National Judicial Institute, the body responsible for creating judicial education in our country, has done, with help through federal investment, in developing comprehensive continuing education for judges on sexual assault law and its social context.
Finally, the bill would amend the Criminal Code to require that judges provide written reasons or enter them into the record of the proceeding for decisions in sexual assault proceedings.
I have talked about the social context of sexual assault, and I would like to provide a clearer definition of social context.
Quite simply, social context means the immediate social or physical environment in which one lives affects how one sees the world. The experience of an affluent woman who has survived sexual violence will be different than the experience of a woman who is homeless. The experience of a white trans-woman will be different than the experience of a cisgender indigenous woman. The experience of a gay man from Toronto will be different than the experience of a straight woman living with a disability in Amherst, Nova Scotia. The experience of a judge trained in myths and stereotypes about sexual assault will be different than a judge who has never received such training.
Importantly, in the context of the debate on the bill, social context affects how different people view the criminal justice system and how the criminal justice system views them. This is why it is my hope that at committee the bill can be expanded to clearly articulate the need for training, not just on sexual assault law and social context but on the need for training on anti-racism.
This summer, our country came to understand that systemic racism existed in all our institutions. In 2017, at the beginning of the #MeToo Movement, our country came to understand that systemic sexism existed within all our institutions as well.
Jennifer Koshan, professor of law at the University of Calgary, made clear in her testimony at the Standing Committee on the Status of Women that “not only does the law change, but social context can change”. This is why requiring that a candidate seeking appointment to a federally appointed judicial position attest to participating in training related to sexual assault law and its social context is so important.
Bill addresses a long-standing problem: the influence of myths and stereotypes in sexual assault law. As hard as it is today to imagine, prior to the reforms that began in 1983, a husband could not be convicted of sexually assaulting his wife. Sexual assault convictions required testimony from someone other than the victim. Victims had to raise a hue and cry before the assault and report it shortly afterward or they would not be believed. Victims' sexual reputation and prior sexual activity could be used to attack their credibility.
Reforms were enacted to address these and other evidentiary rules through the 1980s and 1990s. For instance, in response to concerns from survivors and women's organizations, amendments commonly referred to as the “rape shield” provisions, which govern the admissibility of the complainant's prior sexual activity, were first introduced in 1983 and then amended in 1992. These provisions are designed to protect survivors from the introduction of evidence of their sexual history, which had been used to infer that they were more likely to have consented to the sexual activity in question or were less worthy of belief. The provisions also place restrictions on the use of sexual history evidence for other purposes unless specific criteria are met.
Also in 1992, a clear definition of “consent” in the context of sexual activity was introduced in the Criminal Code and limitations on the accused’s ability to raise a defence of mistaken belief in consent were enacted. The Supreme Court of Canada has provided guidance on the application of the sexual assault provisions, making it clear that consent must be affirmatively expressed through words or conduct and cannot be implied by submission, passivity or a failure to protest.
However, despite the robust legislation in place and the clear rulings from the highest court, myths and stereotypes about sexual assault survivors still creep into the courtroom and into judicial decisions. Identifying solutions to these ongoing challenges has been a priority for our government and, indeed, a matter of ongoing concern in Canada.
Our government introduced Bill in 2018. With its passage, the changes clarified a number of principles that were already covered in the law, notably, that an unconscious person cannot consent to sexual activity; an accused cannot rely on a mistaken belief in consent where that belief is based on a mistake in law, such as consent obtained through force; sexual history evidence must never be used to infer consent; and, finally, the admissibility of evidence of a victim’s private communications made for a sexual purpose must be determined through the rape shield provisions.
In addition, Bill provided that victims could make submissions and be represented by counsel in sexual history evidence or rape shield proceedings and that the admissibility of victims’ private records that were in the hands of the accused be determined through a process similar to that of the rape shield and third party records proceedings.
Our government has also modernized the judicial appointment process to bring greater diversity to the bench. During testimony in 2017 at the status of women committee, Professor Carissima Mathen said, “That's been a somewhat unheralded earthquake in the world of judicial appointments.... The innovations that have been done around judicial appointments...have been quite remarkable.”
Canada’s—
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Madam Speaker, I am thankful for the opportunity today to speak in favour of Bill , an act to amend the Judges Act and the Criminal Code, an incredibly important bill that could help make Canada a safer place for women and girls in all corners of the country.
I would like to begin by thanking Rona Ambrose for bringing this issue to the forefront in the first place.
This is a bill that I feel extremely passionate about because I am a woman who grew up in what could be considered a rough neighbourhood. I spent the first 28 years of my life in the Chameran neighbourhood in my riding of Saint-Laurent, where I often saw violence take place before my eyes at the park across from where I lived.
[Translation]
As a little girl and later as a teenager and a young woman, I always felt like I was in danger coming home alone after dark.
I took public transit, and the closest bus stop was a five-minute walk from my house. Often I would run home as fast as I could, worried that someone could hurt me at any moment.
If we lived in a world without crime against women, where women were not victimized so much, I would not have felt so anxious on a daily basis at such a young age. So many girls and I are afraid to walk alone and take public transit at night.
[English]
Perhaps the craziest part about this is that we are taught from a young age to be careful and not talk to strangers, because they may kidnap us or harm us in some way. We are taught to protect ourselves from the outside world, when we know, or at least we learn if we take the time to study sexual assault data, that in over half of sexual assault cases, the perpetrators are people the victims know. They are family members, friends, significant others, neighbours and acquaintances. When it does happen at the hands of someone we know, we have no idea how to process it or what to do.
We have a culture where people get away with sexual assaults, a rape culture, either because the victims never report these crimes to begin with or because a very small percentage of the cases that are reported result in a conviction. According to the 2014 general social survey, an annual survey that monitors changes in Canadian society and provides information on specific policy issues of current or emerging interests, only 5% of sexual assaults were reported that year. It is important to look into the reasons that victims of sexual assault choose to remain silent, because ensuring that more people come forward is the only way to change the awful statistics around reporting and convicting sexual assault crimes.
[Translation]
One of the main reasons people choose not to testify is a lack of trust in the criminal justice system. They think the court will not believe their story, they feel ashamed or embarrassed, or they believe that there is not enough evidence to prove what happened to them. In some cases, because the attacker may be someone close to the victim, the victim fears or even feels sympathy for the attacker. Many victims have said that getting help from the authorities was just as traumatizing as the attack.
Let's not forget that more than half of the victims who choose to testify lose their case in court. For the 2016-17 fiscal year, only 42% of court decisions in cases of sexual assault involving adults resulted in a guilty verdict.
[English]
It is a vicious cycle. At least 95% of cases are not reported, meaning that more than 95% of perpetrators of this kind of violence never receive any consequence whatsoever, and so they continue. At the same time, because such a small number of cases are reported, around 5%, and of that small number, an even smaller number receive a guilty verdict, approximately 2%, women do not feel encouraged to come forward.
Sexual assault is a gendered crime. Women are almost four times more likely to be sexually assaulted than men. Statistics Canada has reported that 30% of women in Canada, compared with 8% of men, have been sexually assaulted at least once since the age of 15. That is 4.7 million women and 1.2 million men who have been victims of sexual assaults. The age group most likely to experience sexual assault is between the ages of 15 and 24 years old.
[Translation]
In three studies completed by Justice Canada with survivors of sexual assault, participants were asked to rate their level of confidence in the police, the court process, and the criminal justice system in general. Two-thirds stated that they were not confident in the system. Those living in the provinces were more confident in the police than those living in the territories.
We must do better. There is a serious problem when victims are afraid to report crimes committed against them, especially when the crimes have long-term effects. Victims of sexual assault can often experience physical, emotional, psychological and sexual repercussions that are different from those suffered by victims of other crimes.
[English]
Survivors should be treated with the respect and dignity they deserve, and through Bill , our government commits to taking steps toward that goal. Bill C-3 is designed to strengthen training requirements for newly appointed judges and provide them with important insights into the myths and stereotypes that too often surround sexual assault. It would ensure that judges participate in broader training on social context, including social or cultural factors that may influence and affect an individual's engagement with the justice system. All relevant training would be done through the National Judicial Institute to ensure judicial independence.
In budget 2017, our government provided the Canadian Judicial Council with $2.7 million over five years, and half a million dollars per year thereafter, to ensure that more judges have access to professional development, with a greater focus on gender and cultural sensitivity training. Budget 2018 provided funding for a number of targeted investments to help eliminate gender-based violence and harassment while promoting security of the person and access to justice. This included $25.4 million over five years to boost legal aid funding across the country, with a focus on supporting victims of sexual harassment in the workplace.
These changes are aimed at enhancing the equality, privacy and security of the person rights of complainants by countering the myths and stereotypes that have persisted in our criminal justice system, while also balancing the rights of the accused, consistent with relevant Supreme Court of Canada jurisprudence. These myths include deeply rooted beliefs about how “real victims” react to sexual assault and myths about the reliability of women's testimony when they make sexual assault complaints.
[Translation]
In June 2017, the government launched its action plan to address gender-based violence, entitled “It’s Time: Canada’s Strategy to Prevent and Address Gender-Based Violence”.
This co-ordinated multi-sector strategy is based on three pillars, namely prevention, support for survivors and their families, and promotion of responsive legal and justice systems. The government has invested substantial amounts to support the implementation of this whole-of-government initiative to address gender-based violence, co-ordinate existing programs and lay the foundation for greater action.
[English]
All this is to say that our government aims to end gender-based violence and has consistently worked toward this end. I strongly encourage all members in the House to vote in favour of Bill , as it helps give a voice to survivors of sexual assault and harassment and helps us make the world a better place for Canadians.
:
Madam Speaker, I want to note that I will be splitting my time with the member for .
First of all, I am honoured today to rise to speak to Bill . This is legislation that would ensure that sexual assault sensitivity training is required for judges who are being appointed to a superior court. While I am very encouraged to see the bill reintroduced, I must admit that I am equally disappointed that the bill has to yet again restart the legislative process.
This is the third time that the legislation has been introduced, and the latest reintroduction is due to nothing more than the 's decision to prorogue Parliament to hide from his own ethical scandals. This needed legislation is just one of the issues that has taken a back seat and has been unprioritized due to the Prime Minister's self-interested actions.
Before I get too far ahead in my remarks, I would like to take this opportunity to commend the original author of the legislation, the hon. Rona Ambrose, who first brought forward this piece of legislation in 2017. It builds on her steadfast work to support women and girls here at home but also around the world. I thank her for not only introducing this legislation but for continuing to tirelessly advocate to see that it is passed.
All Canadians should have confidence in our public institutions, but unfortunately, the reality is that many survivors of sexual violence feel hopeless in the face of our justice system. As legislators, we have a responsibility to address that. The statistics around sexual violence in Canada are devastating. They are heartbreaking. They affirm that the bill is timely, yet at the same time, these statistics also affirm that the bill is incredibly overdue.
In Canada, one in six men will experience sexual violence in their lifetimes. For women, that number is much higher. One in three women will experience sexual violence in their lifetimes, and indigenous women and girls are at a much higher risk. Of those incidents, however, only 5% are reported to police and that number should be much higher. This means that the majority of survivors of sexual violence choose not to report it to the authorities. This begs the important question of why. Why do survivors of sexual violence and sexual assault in Canada choose not to report to the police?
A study based on self-reported data from the Department of Justice revealed that two-thirds of the participants stated that they were not confident in the police, the court process or the criminal justice system in general. That is why this piece of legislation is so important.
It is certainly a positive step that in recent years conversations around sexual assault and sexual violence have come into focus, including discussions around consent and healthy relationships. Whether it is breaking myths, calling out victim blaming, reducing shame or giving victims a voice, this move towards greater understanding has the potential to empower survivors of sexual violence.
We would be naive to think that there is just one reason that survivors choose not to come forward. As legislators, we cannot ignore the overwhelming number of survivors of sexual violence who have indicated that they do not have confidence in our legal system. Through the legislation we have the ability to do better for survivors, and we should.
Survivors of crime should always be at the heart of our criminal justice system. By identifying and announcing measures to increase confidence in our courts and our legal system, we can help ensure that our criminal justice system is victim-centric, and we can take practical steps toward helping restore confidence in it. It takes courage for survivors of sexual assault to come forward, and the bill is a tangible way we can support and empower survivors to come forward.
As we know, the bill would require lawyers who are vying to be appointed as a judge in a superior court to commit to taking sexual assault law and social context training. This training will help ensure that superior court judges have the knowledge and skills that are needed to ensure survivors of sexual assault are treated with dignity and respect.
The number of cases in recent years where judges have made comments shaming and blaming the survivor of sexual violence underscores the importance of this. There were comments like, “Why couldn't you just keep your knees together?” or “Clearly, a drunk can consent.” These inappropriate comments have made national headlines, and these types of ill-considered words have, no doubt, had an impact on the public's confidence in our judges to preside fairly and impartially over sexual violence cases.
Just the same, these events could deter a survivor from coming forward. As I have already stated, it takes courage to come forward, and there are many reasons why a survivor may hesitate. In going to trial, victims may be required to come face to face again with aggressors. They may be faced with retelling or reliving their experience. They could fear that their case will not result in a conviction; that in process, they might be revictimized; that their case might not be presided over in an impartial manner or on the basis of law and evidence only; or even that they might find themselves publicly blamed. The reasons could be endless. That is why it is not hard to imagine why there is a trend not to report sexual violence.
Of course, in pursuing the legislation, it is not meant to paint every judge and every lawyer with the same brush. It is not drafted with the intent to solely assign blame to the judiciary, nor is it drafted to overstep on judiciary independence. By mandating sexual assault sensitivity training, not only can we help ensure that judges presiding over sexual assault cases properly understand sexual assault law, but we can also help ensure that survivors are respected and treated fairly. We can help ensure that personal biases or societal biases do not influence judicial decision-making. We can also help ensure that judges have the training and the know-how to be more conscientious of their word choices in presiding over these cases.
By requiring judges to provide written reasons for their rulings in cases of sexual assault, the legislation would also take steps to enhance judicial accountability. I would also note that in leaving the development and provision of training and education to the Canadian Judicial Council, the bill appropriately respects the separation of powers. It is within the purview of Parliament to implement mechanisms to strengthen and encourage confidence in our public institutions.
Passing the legislation is a starting point for supporting survivors of sexual assault. Survivors should never be revictimized, no matter the crime. It is not just in superior courts that survivors of sexual assault should be interacted with using a victim-centric approach. Sexual assault survivor advocates make it clear that myths and victim-blaming attitudes exist at every step of the way, and that there are many deterrents in reporting incidents. That is why eliminating rape myths and victim-blaming attitudes should be the goal in all circumstances.
Where there is a need, we should also look at better training and accountability in other public institutions, but today we are considering measures to improve public confidence in our justice system. Given that this proposed legislation would give us the opportunity to proactively take action to support survivors of sexual assault, we should act. If it is within our jurisdiction to support them and we fail to act, then we are failing them. That is why I am very pleased that we are debating the legislation today, and that we are looking at tangible, real steps to help improve accountability and confidence in our justice system.
These discussions are very important. I hope that this debate continues to be victim-centric and that we continue to be focused on ensuring that our justice system treats survivors of sexual assault fairly. We all have a duty to ensure that victims of crime are at the heart of our criminal justice system. Because of that, we will give survivors of sexual assault greater confidence in our justice system, and that greater confidence is needed to change the status quo.
No longer can we allow the majority of sexual assault crimes to go unreported. We can do better.
:
Madam Speaker, it is a pleasure to rise today to continue the discussion on Bill , an act to amend the Judges Act and the Criminal Code.
I am going to start where the member for left off. She did an excellent job on speaking to the issue. However, the questions that followed from the government were not about the importance of the discussion about sexual violence, sexual harassment or the contents of the bill. They were instead about the throne speech and why the official opposition voted against the throne speech.
It is important to note, first of all, it is not the obligation of Her Majesty's official opposition to support the government. We serve as a check in this place against the balance of power. It is also important to note that we are here today with this bill being reintroduced because the prorogued Parliament. He put covering up corruption in his government ahead of dealing with important legislation like what we are discussing here today.
A version of this bill was first introduced in 2017 by the former Conservative leader, the Hon. Rona Ambrose. It was called Bill and proposed judicial accountability through sexual assault law training. Going back to 2017, with respect to this bill, I want to start there and thank Ms. Ambrose for her leadership and for raising this important discussion. Over the past few years, she has played an important role in shining a light on this very important issue. She has been a strong voice for survivors of sexual assault. That initial bill received widespread support across party lines and from stakeholders, as does Bill today.
It is important that we discuss this bill and have that conversation. That is why I asked to speak on this bill. I am a dad. I have four children and one on the way, and two of my kids are little girls. Of course, I worry and wonder and have a lot of hope for the world they are going to grow up in.
The conversations and information around Bill and the necessity to introduce this legislation make me worried about the world my little girls live in. It makes me worried about the world my wife, my sisters and my mom grew up in, and my friends and colleagues in this House. Some of these women have lived in a world where they faced incredible challenges in dealing with experiences of sexual assault and sexual harassment.
We heard the member for talk about living in fear and growing up in fear. That is not the Canada any of us envision. That is not the Canada any of us want to live in. Making this country a better place for all Canadians, and as a dad, making it a better place for my little girls, is incredibly important to me.
It is heartening that we have cross-partisan collaboration in advancing this bill. It is important because we have an obligation, as legislators, to put these good intentions into practice and to enshrine them in law.
This bill has had support across the country before and that speaks to the ongoing need for it. In 2018, the legislature in Prince Edward Island passed a very similar piece of legislation. It was introduced by Conservative MLA Jamie Fox and he did that in consultation with Ms. Ambrose.
In the previous Parliament, Canada's Conservatives were proud to support the just act. In our election platform in 2019, we were pleased to include support for this legislation.
We need to continue to recognize and respect the experiences of victims of sexual assault, and we need to acknowledge that our justice system oftentimes fails them.
Bill would go part of the way to improve the trust that Canadians have in their judicial system, specifically victims of sexual assault. They need to feel confident, they need to feel safe when they come forward. The last place that a victim should be revictimized, the last place that a victim should feel they will not be believed, is with a judge.
We have all seen headlines about incredibly insensitive, incredibly inappropriate and, frankly, disgusting comments made by some members of the bench in dealing with victims. That word is so important, “victims”. Oftentimes, we hear qualifying language around why they are victims. It is certainly not because they chose to be, but they did take the step to come forward and to put their faith in the rule of law, in the police, in the Crown prosecutors and in the judiciary.
Certainly, the least that we could do for them is ensure that the judge hearing the case understands the basics, understands where this victim is coming from. To achieve that, there needs to be transparency in the courts. Any of the decisions that they make need to have a rationale and they need to be accountable.
This legislation would go a long way to do that. Bill would amend the Judges Act to restrict eligibility of who may be appointed as a judge of the Superior Court. It would require that individuals undertake and participate in continuing education on matters related to sexual assault law and social context, including attending seminars. This would not just affect the judges who are on the bench. Anyone who wants to be a judge would need to take this training first.
Instead of just members of the bench, anyone who aspires to serve would take the training, promoting understanding and ensuring that more women feel safe, more women come forward. All judges need to be fully equipped with a profound understanding of the law that must be applied to the facts of each one of the cases that they hear.
Bill would also require the Canadian Judicial Council to gather data and submit an annual report to Parliament on the delivery and participation in sexual assault information seminars established by them.
Finally, Bill would amend the Criminal Code to require appointed judges, as I said before, to provide those written reasons, increasing transparency and accountability. We have heard from previous speakers about the prevalence of sexual assaults, particularly in women between the ages of 15 and 24, the very low reporting rate, with 83% of them not reported to police at all. The need for this training is evident.
I am proud to stand today in support of this bill. I am hopeful that legislators in this place use it as an opportunity to look at how we can put the needs of victims first, how that can be reflected in sentencing against offenders, and how we can make sure that Canada's laws serve always to protect its most vulnerable, and in this case, in particular, protecting women and girls.
:
Madam Speaker, I will be sharing my time with the hon. member for .
This week, I got to see a comedy called How to Be a Good Wife. The movie made me realize that, not so long ago, women could not wear pants or dress how they liked. I am getting to the point, so please be patient. There is a connection. They were seen as creatures whose marital duty was to submit and be beholden to men. Of course, society has evolved. A woman who wears a short skirt or a low-cut top or who drinks should not be seen as a cheap piece of meat, nor should anyone interpret her attire or actions as signalling that she wants to be raped.
I have worked with women's groups, so it means a lot to me to speak to Bill . Everyone seems to agree on this bill.
There are three parts to my speech. First, I will situate the bill in the context of the Standing Committee on the Status of Women. Then I will contextualize it from a uniquely Quebec perspective. I will conclude by explaining why I want to see it passed as soon as possible.
Bill C-337, which amends the Judges Act and the Criminal Code with regard to sexual assault, was introduced in the House of Commons on February 23, 2017, by the Hon. Rona Ambrose. It was studied by the House of Commons Standing Committee on the Status of Women, which, in its report on the bill, recommended amendments to three clauses and the deletion of one clause. The House of Commons passed the bill with the committee's amendments over two years ago on May 15, 2017. Bill C-337 received first reading in the Senate on May 16, 2017, and was referred to the Standing Senate Committee on Legal and Constitutional Affairs on May 31, 2018. Unfortunately, I was not yet a member of the Standing Committee on the Status of Women at that time.
Bill C-337, whose short title is the Judicial Accountability through Sexual Assault Law Training Act, has three central purposes:
First, it adds a new eligibility requirement for lawyers to qualify to become a judge of a superior court in any province, namely, that they must have completed recent and comprehensive education in sexual assault law to the satisfaction of the Commissioner for Federal Judicial Affairs.
Second, it requires the Canadian Judicial Council, or CJC, to submit an annual report to Parliament through the Minister of Justice on the delivery and uptake of sexual assault law seminars established by the CJC.
Third, it requires reasons for decisions in sexual assault cases to be entered in the record of the proceedings or, if the proceedings are not recorded, the reasons must be provided in writing.
Of course, improvements were made to Bill C-337, which is considered to be the forerunner of Bill C-3. However, it is important to remember what was going on in the media when the bill was proposed and what problems it was trying to address.
The legal system's handing of sexual assault cases was often in the news. When she appeared before the House of Commons Standing Committee on the Status of Women, the Hon. Rona Ambrose explained that she decided to introduce the bill after noting that a disturbing number of sexual assault cases had shaken the public's confidence in our justice system.
She was referring to statements made by judges in sexual assault trials or in their decisions. Some felt that these comments were based on discredited stereotypes about victims of sexual assault. In one case, the judge resigned after the CJC recommended his removal because he made comments or asked questions evidencing an antipathy toward laws designed to protect vulnerable witnesses, promote equality and bring integrity to sexual assault trials.
In a case from 2016, a new trial was ordered on appeal after the judge was found to have used myths about the expected behaviour of sexual assault victims to justify an acquittal. In 2017, another judge was roundly criticized for his insulting language towards a woman who was intoxicated at the time of the alleged sexual assault. “She had a pretty face”. “She should feel flattered for getting attention from an older man”. “What were you wearing?” “You should have just kept your knees together”. “He was just a kid”. “She's forgotten bits and pieces, so her testimony isn't credible”. These are the kinds of comments we have heard, but this is 2020: These comments should not be coming out of the mouths of judges during a sexual assault trial.
Senator Raynell Andreychuk, who sponsored Bill C-337 in the Senate, explained that those cases only add to factors that discourage victims from reporting sexual assault.
She pointed out that Bill seeks to prevent further court cases from being decided on the basis of stereotypes about sexual assault victims and to restore victims' confidence in the judicial process. I would like to quote from the letter sent by the Standing Committee on the Status of Women in 2017.
Based on the testimony heard during the study of the bill, the Committee encourages the Minister of Justice and Attorney General of Canada to express to her provincial and territorial counterparts the need to make training in sexual assault law and social context more broadly available. Witnesses appearing before the Committee have highlighted the importance of training for all persons who play a role in the administration of criminal justice....
Additionally, the Committee wishes for the Minister of Justice and Attorney General of Canada to strongly encourage provincial and territorial governments to make the transcripts of the proceedings of sexual assault cases for all courts under their jurisdictions available online in a searchable database....
The committee was serious about making this more transparent.
The Committee heard from Professor Elaine Craig, Associate Professor at the Faculty of Law at Dalhousie University, that “it's inarguable that written decisions provide a degree of transparency and public accountability that's not available with oral decisions.” The Committee requests that the Minister of Justice and Attorney General of Canada inform and advise the Committee at the earliest opportunity of the results and outcomes of these discussions with her provincial and territorial counterparts.
The excerpts I just read are from 2017. Already in 2017, the Standing Committee on the Status of Women sent a letter calling on the Minister of Justice to take action. Then there was Bill and prorogation. Today, we are still here debating it.
I will now talk about Quebec.
In the meantime, an all-party group of women parliamentarians at the National Assembly are addressing the issue of violence against women. I recently asked one of those members how important the current bill is for helping women who are victims of assault and she told me that it was very important.
This is a very important bill. As I have already discussed this issue with some CALACS, I know that women hesitate to come forward because they do not wish to relive painful memories of an assault at a trial that forces them to relive these moments before a judge that lacks compassion or makes derogatory and inappropriate comments in their presence.
Let me be clear. I am not making generalizations or indicating that all judges are insensitive in sexual assault cases. Most already write very good decisions. That is not the case, and I am not making generalizations.
I believe it is high time that the bill be voted on and studied in committee especially in the context of a pandemic that has exacerbated the problem of violence against women.
During the pandemic, I had the opportunity to speak to someone from the Australian consulate about the importance of training for judges with respect to sexual assault. It is a question of dignity for the victims because it is important to have a good understanding of the sensitive issues involved in sexual assault cases. It is important to place them in their social and family contexts.
During the pandemic, I also had several conversations with a survivor from Quebec. She told me that she has received comments on her blog from women who, like her, have had difficult experiences in court. Here are some of the comments: “They cannot judge something they do not understand”. “They do not understand the victim's emotional state as a result of post-traumatic stress”. “Fragmented memory means people cannot clearly remember the order of events. Memories come back in bits and pieces. It is not deliberate. It is how the brain goes into survival mode”. “Judges need to be able to adapt to the victim's state, not vice versa”.
In many cases, these women are still in a state of shock. The courts expect them to maintain their composure, but how can they? It is not realistic to expect them to calmly testify and provide all the details. That is impossible for a victim of sexual assault.
I can only hope that, in the near future, the bill will be passed and brought into force as quickly as possible. We need to forget about partisanship and pass this bill now so we can fight the myths and stereotypes associated with sexual assault, which is far too common.
There are 600,000 sexual assaults in Canada every year. On average, one in two women will be assaulted at least once in her lifetime. That rate is even higher for women with a disability, not to mention the MMIWG issue.
There are far too many assaults happening. Rape culture has no place in 2020. We must act.
:
Madam Speaker, it is nice to see you in person. I want to say hello to my colleagues on video conference.
I want to take a moment to pay tribute to my father, who died from ALS three years ago and whose birthday was October 7. I mention this because there is a lot of talk about these issues and about how to support caregivers.
I am pleased to be here today to speak to Bill . We have been talking about this bill for a long time, but we are finally coming to the end. This is reassuring, because now we will able to move forward. There are more steps to come.
No one here will be surprised to hear that the Bloc Québécois will support the bill. Our party supported the original version of the bill that was introduced by Ms. Ambrose, the former interim leader of the Conservative Party. My colleague from was eager to support the bill and sought leave of the House to move a motion calling on the Senate to promptly adopt the bill, since the parliamentary session was coming to a close.
Unfortunately, what we feared came to pass. Our colleague's bill died on the Order Paper. That was not the first time. I also saw this when I was a political staffer about 10 years ago. We hope that Bill will not suffer the same fate. I would hope that we will get there in this session of Parliament with Bill C-3, and that after two failures, the third time will be the charm. I am speaking to all members. This is what I hope for us, so let us hurry up and support it.
Bill C-3 is important. It is a short bill, only a few pages long, and we all seem to agree on it. Despite its apparent simplicity, this bill is of paramount importance, because it has to do with the confidence the general public has in the justice system. As everybody here knows, the justice system is the backbone of any society. If people can no longer trust the justice system, what will they do? The excesses we see from time to time, including right now, the excesses that turn our stomachs, would only multiply. That is why we must act.
As legislators, experienced or newly elected, it is on us to ensure that the justice system in place is credible and that it has the approval and support of the entire, or the majority, of the population.
In the interest of justice, those dealing with the system and the rule of law that we are tasked to protect, we must in my opinion pass this bill as soon as possible. What are the effects? The answer is simple. We are talking here about training judges. Bill C-3 specifically addresses sexual assault, which we have been especially ill-equipped and ill-informed to deal with, not to mention that our judgments on this issue are often biased.
It is up to us as legislators to bolster this trust by rectifying the situation. We must give our judges as many tools as possible, so that they may do their job with the professionalism they already bring to it and want to continue to bring to it.
In almost all cases, a judge must assess the credibility of witnesses, that of both the victim and the accused. This is often where a judge can be influenced by preconceived notions that do not stem from malice, but from our lived experience and culture.
Bill seeks to address this situation by providing better training for judges and making everyone aware, including legislators, of the reality of sexual assault. We must understand how a victim may react in a given situation and why the victim may not recall the events surrounding the sexual assault. This is reiterated in practically every speech.
If we want the justice system to work, we need to ensure that the courts have a firm grasp of these issues. When asked to assess the credibility of a witness, a judge must have sufficient academic and practical knowledge to deliver a judgment that is sound and, above all, that Canadians can trust.
I hope that Bill C-3 will somehow open the door to the possibility of including, in sexual assault cases, a restorative component more common in the civil courts of Quebec and the provinces. We want to enhance people's trust in the courts, and not just criminal courts. It is normal for rulings to be overturned. Every day, rulings are handed down by the courts, and every day, rulings are overturned by the court of appeal. Sometimes the decision is two against one, as the judgment is not unanimous. Those cases go to the Supreme Court, which also often quashes appeal court rulings. Those judgments are not always unanimous either.
What is more, we are hearing that Quebec wants to establish specialized courts to hear sexual assault cases. Given that judges in all kinds of courts will receive this training, they may take it upon themselves to promote such avenues of recourse. In some cases, this could be done by improving legal aid so that people who rely on legal aid can seek redress through the civil courts.
That is why this bill must be passed quickly. Training is a driver of change because it seeks to increase awareness of the situation and to ensure that real needs are taken into consideration so that the work is done properly. We hope that no one has to experience sexual assault before having empathy for victims.
This training is essential for our current justice system. For all of these reasons, and for the reasons cited by all of my colleagues over the past few hours, we will be voting in favour of Bill C-3. I want to reiterate for the fourth time that I hope it will be passed very quickly.
:
Madam Speaker, it is a pleasure to rise and speak to Bill . I have a lot to say about this bill, so I hope I do not run out of time.
First I want to thank my friend, the Hon. Rona Ambrose. I was with her from the inception of this bill. She did me the honour of making me the chair of the status of women committee. Watching her lead this bill through the House was a real learning experience for me. We know that she is an accomplished businesswoman and accomplished politician. She was also our interim leader and a cabinet minister. I heard she is writing a book, so I look forward to that. I would like to thank her again for recognizing the importance of this issue and bringing it forward.
I want to talk a bit about the history of the bill. We have heard in some of the speeches that this is the third time it has been before the House. It received unanimous consent when I was here and went to the Senate. Although I cannot explain what happened there, I was told that at the last moment the government woke up and realized it had passed no legislation and loaded up government legislation into the queue. That was the responsibility there for that failure.
Then we had Bill . It was reintroduced, and I was happy to see that. Then the government decided not to sit all summer, so that was a wasted opportunity, and then on top of that it prorogued Parliament and delayed another six weeks. Everything fell off and had to be restarted, so here we are again.
It is disconcerting when we think about the statistics that we have heard. I know that many people have quoted them in their speeches, but I want to add a few comments to them. It is astounding when we hear that 83% of women who have been sexually assaulted do not even report it. That is just the tip of the iceberg.
We heard some testimony at the status of women committee. We were studying violence against women and girls at the time this bill came forward. The Ottawa Police reported that, of the women who show up at the police station to claim that they have been sexually assaulted, the police do not even write a report for 40% of them. Think about the humiliation for women, of being sexually assaulted and having the courage to go to the police knowing that, if they show up, only one in five cases is even reported, which then may go to trial. A very small percentage of those ever come with a conviction.
Once they come up with a conviction, it is astounding to see the small sentences that people receive in this country for sexual assault. When we look at it on paper, we can see that there are supposed to be minimum sentences of 10 and 14 years for these kinds of offences, but the reality is that it is up to the judge of the day to determine whether he wants to go with a summary conviction, probation or a fine. In fact, in many cases, even for the very small percentage convicted, the punishment for the crime is measured in months, or people are allowed to be on probation or they pay a fine for sexually assaulting a woman.
When one in three women in this country is going to be sexually assaulted in her life, this is totally unacceptable. We know, and it has been pointed out, that indigenous women and members of the LGBTQ community are even more at risk for this kind of sexual violence. It is all the more reason why we need to have training in place that could address parts of this.
I liked many of the recommendations I heard today that said that we have the purview, here in the House, over federal judges. However, that is not the whole story. There are provincial judges. This bill was brought forward and shared with all of the provinces. The report on violence against women and girls in Canada, which brought 45 specific recommendations to address this issue, was shared as well across the provinces. I am sad to say there has been very little uptake of that. Therefore, I was encouraged to hear my colleagues from Quebec tell me that they are starting to look at this and address the issue, because that will be very important.
Police sensitivity has been pointed out as a factor in the murdered and missing aboriginal women and girls recommendations, as well as 40 other reports that went before them on similar terms.
We heard testimony as well that training is needed there, but the reality is we have limited sway. This bill would address training for lawyers who want to become judges. We really wanted to have it address all the justices who were going to hear sexual assault cases, but unfortunately, that was not something we were able to make happen.
Justice Kent showed up at committee. As soon as Rona had tabled this bill, she was very enthusiastic and implemented training for lawyers who wanted to be judges in the federal judiciary, and recommended training to all those who were existing justices. She was unable to force them to take it, but at least there was immediate action taken. While there has been lamenting about the amount of time to pass the bill in full, people have stepped up to the plate and have been able to address some of the needs without even seeing the legislation.
Some of the statistics I find really troubling have to do with young people. Young people aged 15 to 24 are twice as likely to be sexually assaulted. When we were at committee, we heard testimony that 30% of women who attend Canadian universities would be sexually assaulted in the first eight weeks. This is unacceptable and unbelievable. Imagine these young girls in that state of trauma, not understanding the judicial system and having no guidance of any kind to help them manoeuvre through the police, and of course the peer pressure that exists on campus. We can see why we really need to have sensitivity.
The study we did came up with a lot of recommendations, and I am disappointed to see the government did not end up doing much with those. If I look at the importance it placed on addressing this issue, $100 million was put into one of the budgets to address violence against women and girls. If we think about the four million women, plus or minus, who have experienced sexual assault, it works out to 25 bucks for each one. That is not very much when compared, for example, with the government's response to the COVID pandemic, where some $240 billion has been rolled out to date for about 106,000 cases. That is $2.2 million per case of COVID compared with 25 bucks per sexual assault. I just wanted to put that into perspective. Sometimes the math tells us a lot.
Obviously, with this legislation we are trying to address some of the really egregious comments that have been made by judges in sexual assault trials. We know the most infamous one: Robin Camp's comments asking a survivor if she could not just keep her knees together. That was totally unacceptable. We know there was another case in the Atlantic provinces. A woman who had been drinking was assaulted, and the comment from the judge was that she was drunk, as if somehow that justified her being sexually assaulted. Maybe the most egregious to me personally were the comments made about Cindy Gladue, who was sexually assaulted and murdered, and when she was not even there to defend herself, the judge referred to her continually as the aboriginal prostitute. That is unacceptable in the extreme. We absolutely need to see change.
I have pointed out why the bill is needed. I want to spend a few minutes talking about what the bill would do and some the things that have changed over the evolution of the bill. The bill's purpose is to improve the interaction between sexual assault complainants and the justice system, specifically the judiciary. It would restrict the eligibility of who could be appointed to become a judge in Superior Court by requiring them to commit to undertaking and participating in continuing education on matters related to sexual assault and social context, including attending seminars.
It requires the Canadian Judicial Council to submit an annual report to Parliament on the delivery of and participation in the sexual assault information seminars established by it, and it requires judges to provide reasons for their decisions in sexual assault cases. It is really important that we understand why written decisions were necessary. When the decisions were not written, there was some evidence that perhaps they were less well thought out, or less likely to be appealed because the wording was not on record. Therefore, that was important.
In the bill itself there is more robust language about the consulting that needs to be done with other organizations for the training. We want to make sure that the training gets at the things it needs to address, so it needs to be “developed after consultation with persons, groups or organizations that the Council considers appropriate, such as sexual assault survivors and groups and organizations that support them; and include instruction in evidentiary prohibitions, principles of consent and the conduct of sexual assault proceedings, as well as education regarding myths and stereotypes associated with sexual assault complainants.”
Earlier we heard the member for recite the history of the legislation that went into place in 1983, which was the rape shield provision. That prohibits someone from bringing up someone's past sexual history as any kind of information that would be relevant to a sexual assault trial. In addition to that, the principle of consent is important and is something that does not just belong in training for judges. I agree also with an earlier member who talked about how it is important to educate children from the time they are young about consent.
If anyone has not seen a very short clip on YouTube called “Tea Consent”, I would encourage members to look at it, because it uses a cup of tea as an example of when we could expect sexual advances to be acceptable or not. We do not give someone tea if they are unconscious. We do not give someone tea if they say they do not want tea. I really think that is an excellent short video, but the education needs to be ongoing.
I am happy to see the consultation here and my hope is that they would consult as well intersectionally to make sure that concerns from the LGBTQ community as well as indigenous communities are heard, who as I already pointed out are more likely to experience assault. The training can be sensitive in all ways.
One of the things I do not like about the current revision is the metrics for tracking how well this is going. Originally, the tracking was going to be the number of sexual assault cases that were heard and the number of cases that had judges who had the training, so we could get a sense if it was working. Do we have judges, 100% being the goal, who have had the training actually presiding over cases?
Instead, the metric has been changed to the number of judges who attended each seminar. It is important to measure the number of people taking the training, but I am more interested in something very specific, which is that the people who are presiding over sexual assault trials have had the training. That is one of the things that brought this forward. The other justices who were somewhat insensitive did not have the training. I do not know if that metric is really where it ought to be, but I am sure that will get hashed out as well when it gets to committee.
I want to talk about some of the other issues that contribute to the whole problem of sexual assault and the ramifications of it. If we think about the victims who have been raped, there is a range of sexual assault that goes from the extreme on down. However, in every case there is trauma.
Many of the women and men who have been assaulted and experience this trauma have mental health issues as a result. Many turn to addictions of various sorts. The opioid crisis and the methamphetamine crisis we studied at health committee, if we look to the root cause of these things, it comes back to sexual assault in many cases. The cost to society is huge and it cannot be overlooked when we look at the importance of getting the legislation in place.
The other thing I wanted to talk about is rape culture. We were studying this whole issue of violence against women and girls and how we get to all of the different solutions. Rape culture is actually a pyramid where at the top we have sexual assault as the most heinous act. However, at varying levels below, there are behaviours that will walk somebody in that direction, starting with the catcalling, heckling and harassing of women and people on buses, for example.
There was an organization locally that came and did a very good presentation on the different behaviours and all the steps that would be needed to make sure people understand these small behaviours become more and more egregious and can, if not interrupted, lead somebody to cross the line and commit sexual assault. That is one thing that definitely needs to be looked at.
The other thing I want to talk about is the length of time all of this takes. We have talked about this particular bill being introduced for the third time, but that is not the only thing. I get very frustrated when I look at the work done at committees, which is very valuable and produces very detailed recommendations on what the government needs to do with violence against women and girls. Members should read the report.
There are 45 recommendations, some of them specific to those young women on university campuses and what we need to do to prevent sexual assault, help these women and guide them through the process. Each university should have a protocol in place to make sure they follow up correctly on the incident without shaming the victim, and to make sure the victim has support as they go through the police and judicial system. There are a lot of good points in there. It takes a long time to get anything to happen and I have not seen much happen with that.
The same is true for many issues affecting women, such as human trafficking, pay equity, corporate boards and systemic discrimination of women during the COVID pandemic. We have had a lot of discussions about how women are disproportionately impacted by the pandemic and how many of the programs rolled out did not really hit the mark there.
We need to be more nimble and agile. I heard that word in the throne speech. I am a fan of agility. Some folks in my past have said that I ram things through, but that is not true. I am a person of action and I like to see things done quickly.
In this case, it is something that is very serious. I am definitely going to support Bill and I am happy to have the opportunity to speak to many of the new members who may not have known the history of the bill as it came through the House, or who may not have been familiar with all of the statistics as to how bad the situation is in our own country.
I do not want to get away from the theme that one of the members talked about in terms of the government's approach of prevention, support and justice. I do think those are the right pillars to move forward with some action. We talked about education and some of the supports, but justice is something I would like to talk about for one minute.
We met with women from other countries who were parliamentary representatives. I remember sitting with a woman from another country and I asked what the sexual assault frequency was in her country. She told me that it is not really an issue for them. When I asked her why that was, she said that there is a mandatory 10-year sentence with no exceptions. That is the take-away.
We need to do something in our judicial system in addition to this bill that actually puts a punishment in place and does not leave it to the discretion of the judges who are preferentially choosing to go with punishments measured in months for the sexual assault of teenagers, people who may have trauma for the rest of their lives.
I thank members for listening and I thank Rona Ambrose for bringing the bill forward. I look forward to questions.
:
Madam Speaker, I want to take a different approach on this debate.
Looking at Bill , I anticipate unanimous support from the House. I believe that every member, all 336 of them, actually supports this proposed legislation, and justifiably so. After all, it is not the first time that we have had this legislation before us. In fact, the former interim leader of the Conservative Party brought the idea forward.
The has inferred in the past that no one owns a good idea, and if it is something that is for the betterment of Canadians, let us do it. Back then, the government of the day said that it supported the bill, and when that did not work, we ended up bringing in a government bill. The previous bill not only passed in the House, but it also went through the committee stage and on to the Senate. There was plenty of opportunity for good, healthy debate.
Sex assault is a very serious issue. Again, I suspect that all 336 members have something to say about this very important issue and the impact it has on our society. All of us, I am sure, have something to share with the House. However, if we look at all the private member's bills and all of the government's proposed legislation, we see that, mathematically, it would be impossible for every member to talk about every piece of legislation.
It was not possible even when we sat during the summer in a different forum in the House. At the end of the day, there is a limited amount of time, and the official opposition knows that. Those members understand that, last Friday, if they wanted to, they could have passed the bill. This is a very important issue, which all members of Parliament are very passionate about, and it could have actually passed last Friday.
What would have happened had that taken place? Well, we would be debating Bill , the national day for truth and reconciliation. I have heard from some that the Conservatives might not support that piece of legislation. I am hopeful that the majority will, but I suspect that there will be huge demands from the Conservative Party that we debate that piece of legislation. When it comes to legislation inside this chamber, the only way we get the Conservatives to pass it is to either bring in time allocation or shame them into doing the right thing.
At the end of the day, when we look at what we have before us, I challenge any member to indicate their opposition to this legislation. As I pointed out, the very essence of the issue is of the utmost importance to all Canadians. I am sure that there is not a member in the House who would speak about this legislation not passing, and we recognized that years ago when the interim leader of the Conservative Party brought it forward.
I would like to challenge my friends across the way. I have been affiliated with House leadership teams for a while now, and I can tell members that, at times, we need to allow bills that have unanimous support to go through the process.
I know a member of the opposition can stand up in a righteous way and say that every member should be able to speak to this legislation, I am not going to deny that. If members want to speak to this piece of legislation, let them speak to it, but we must remember that not every member can speak to every piece of legislation; it is not possible. We cannot do that and the Conservatives know that. It does not take much to put off any piece of legislation, because after we debate it, with all 100 members speaking between questions and answers, and the speeches themselves, which are a half hour for the first five hours, then 15 minutes afterward, we could be speaking for weeks on this legislation, and all because the Conservative Party does not want legislation to pass so it can criticize the government in the future for not passing legislation. If we try to pass legislation, the Conservatives ask why we have to bring in time allocation.
The opposition members need to come to the realization that if they do not want time allocation, if they want to see a consensus, and if they behave like this, that is what they will get. I am focusing on the Conservatives, At the end of the day, what I would like to see, and I did it when I was in the third party, is support for the government of the day with respect to certain time allocations, because I believe that unfortunately at times we need to bring in time allocation. I would like to think that on this piece of legislation we do not need to bring in time allocation; rather, what we could do is recognize the fine work that has been done to date on this legislation.
Maybe it is because I am eager to get on to Bill , which is about truth and reconciliation and one of the calls for action. I understand the Conservatives will be demanding a lot of time for debate on that legislation. I would think that call for action is something there is a great deal of interest in with respect to finding out where the Conservative Party is at. We know where MPs are at with respect to this piece of legislation. I would suggest the members opposite in the Conservative Party will no doubt want to continue to talk about this debate. I will no doubt be one of the first to remind them in the future why it is we did not get as much time to debate Bill , because I suspect they will not provide us the opportunity—
:
Madam Speaker, today, while we are celebrating the International Day of the Girl Child, we are debating a bill that would require judges to take sensitivity training around “sexual assault law and social context”. This is because of men like John Reilly, former judge and federal Liberal candidate who said, “Well, you know, there are sexual assaults and there are sexual assaults”. Reilly then pointed to a case of a man who had digitally penetrated his girlfriend while she was sleeping, saying that a three-year sentence would have been too harsh.
We are also debating this bill because of men like former judge Robin Camp who asked a 19-year-old complainant why she had not done more to prevent her alleged rape and then told her that “sex and pain sometimes go together”.
However, there is something about this bill that really makes me angry. It is absurd to me that we have to spend time figuring out how to train the men in Canada's systemically misogynistic justice system to be sensitive to sexual assault. In so many ways, it is blindly the wrong approach because it is so paternalistic in its design.
Instead of using tax dollars and research to illuminate men on the finer points of how being fingered against one's will while one is sleeping is wrong, or that it is kind of hard to keep one's knees together when one is being overpowered by somebody twice one's size, or the lingering shame and emotional burden these things can cause a woman, why can we not simply appoint fewer sexist women-haters to the bench? If men want to be honoured with a judicial appointment, why can the hiring criteria not be what they have done in their career to remove the systemic barriers women face? Why do we have to train the idiots in society, and why could we not just hire the allies?
This bill would not do much to fundamentally change the systemic misogyny embedded in the Canadian government, whatever the branch may be. There are those who will say that systemic misogyny does not exist in Canada. To these people I would say this: That we are debating this bill today is clear evidence of systemic misogyny.
If people are part of a system that they benefit from at the expense of others due to barriers others experience of stereotypes, bigoted social mores or rigidly traditionalist beliefs about women, and they do nothing to stop it, then they are part of the problem. That is systemic misogyny. If they refuse to look for these issues or address them when they see them because they think it does not exist, then they are part of the problem. If they think that protecting the rights of women will erode their own rights, they are part of the problem. They are lazy and cowardly at best and misogynist at worst. No amount of training will fix that system. Only removing those who benefit from perpetuating it from their position of privilege and power will.
This system has affected me. I regularly receive sexualized death threats. I get microaggressions like being asked by a colleague if I am pregnant because I committed the sin of eating a sandwich during a Zoom meeting, or being called the B-word because I am a woman who unapologetically challenges the dogma of the system. I have had my gender and my brand used as a fig leaf to cover the misogyny of others through tokenization, and there has been so much more.
If this is me, a white straight woman in a position of power, imagine what it is like for a racialized, queer or trans woman. Imagine what it is like for a woman in poverty with children. Imagine what it is like for a woman living on reserve. Imagine what it is like for Nadia Murad and the millions of other women around the world who have had their bodies used as tools of war while the world refuses to even prosecute their oppressors.
This bill is a good opportunity to take a moment to reflect on the experience of these women, the Yazidi genocide survivors, because the experience of these women really does highlight to me the problems embedded in our system, not only for women on the international stage but their quest for justice here in our own country. As some of the members in the House might remember, several years ago I worked with these women to bring their plight to the attention of Canadian parliamentarians and to get justice and action for their people. It was the voices of these women, these survivors who were seeking justice after experiencing genocide and sexual enslavement, that effected some change.
Imagine what these women went through and then imagine, after all of that trauma, having to come to Canada's Parliament time and time again to push the government to do something when it was obvious that action was needed to do what is right. Take a moment and reflect on that.
Take a moment and reflect on being a victimized woman who was sold as a sexual slave and who had to beg to have her plight recognized by those who sit in this position of power, and then having them wonder if this was going to be politically convenient for them. That is what is wrong with the system, and no amount of training is going to fix that.
After many motions in the House, committee studies, press conferences, news releases and, most importantly, advocacy by the Yazidi community here in Canada and abroad, we were able to get some movement, but it is not close to being enough. We must seek justice for these women, and that includes prosecuting their oppressors. To date, there has been no justice for these women. ISIS has not been brought to trial on the international stage, and day after day the women are revictimized because they have to explain to the world that there is no closure and there is no change without justice being sought.
This issue alone shows that Canada has much work to do on gender equality. We live in a country where human trafficking occurs, and indigenous and first nations women go missing and are murdered. Last year, the national inquiry on missing and murdered indigenous women and girls found a “significant, persistent, and deliberate pattern of systemic racial and gendered human rights and Indigenous rights violations and abuses”, yet the government continues to fail to take meaningful action in creating safer conditions for indigenous women and girls. Instead, the offers up a lot of platitudes on Twitter. He was rightly criticized for that this week. He is more interested in keeping up the appearance of positive change than in actually effecting it.
That is what this bill is about. We cannot speak about the misogyny in the justice system today without recognizing the significant racialized and colonial violence against indigenous women across our country, both inside and outside the courts. We live in a country where we feel we need to educate the ones who are supposed to uphold and champion justice, our judges, not to be sexist. We live in a country where we have to talk about how those meant to care for us in our time of need, nurses and doctors, need sensitivity training.
We saw this intersection of sexism and racism in the heartbreaking tragedy of Joyce Echaquan. It is difficult for us to admit Canada is not as exceptional as we may think. The reality is these systems, which were meant to protect us, often fail many because we are not getting to the heart of the problem. We need to do more to disrupt the systems that perpetuate this aggression.
I will go back to this bill about judges and training them to be more sensitive. No amount of training, for someone who was privileged enough to finish law school as they were about to get a plum judicial position, will correct a systemically misogynistic system. Everyone needs to change their actions, and it should start here in this place.
People should not be running under the banner of a major political party if they have substantiated harassment allegations. People within the tents of these parties should find the courage to speak up when this happens. The most senior levels of leadership should not be allowed to follow a different set of rules from the rank and file when harassment allegations surface. Women who speak truth to power should not be turfed and labelled as problematic.
I have watched all of this and more happen in this place during my time here. Just this week, I watched the chair of a major parliamentary association stay silent as a group tried to force a Canadian woman off the ballot for the presidency of an international organization. All of these—
:
Madam Speaker, I have watched all of this and more happen in this place during my time here. Just this week, I watched as the chair of a major parliamentary association stayed silent as a group tried to force a Canadian woman off the ballot for the presidency of an international organization. All of these experiences have led me to this central question: Why is it that the women always have to be ones to do the heavy lifting on these issues? Why is it that, in many cases, it is the women who have to stand up and demand these changes?
Yes, I see men speaking up when it is politically convenient for them. I see the social media posts. However, what we need to see is more courage demonstrated through action. As parliamentarians, we need to be reflecting on this, because it is this system that we work in that needs to be shaken.
I think about how no one has spoken out against the former Liberal MP for Kitchener South—Hespeler who is facing assault and criminal harassment charges. This is after the Liberal Party allowed him to run under the party banner, despite the fact that claims about inappropriate behaviour involving him and a female staffer were reported to the party multiple times over the last five years. I did that when it happened under my own tent. Where are the feminists on this side on that issue? We need men standing up in the House acknowledging the privilege found within patriarchal systems of power and, more importantly, we need them to take action when sexism happens within their own caucuses. It should not be me having to do that work all the time. Where were the woke MPs when we needed them to speak out, to enact change and to ensure that all of these things never happen again? It is all good and well to post on social media or voice support for gender equality, but when there is no action, there is no change.
Let us not forget about the issue of female genital mutilation. When I served as the shadow minister for Immigration, Refugees and Citizenship, this was an issue I had to repeatedly and shamefully push in the House of Commons. Media had reported that a draft version of the new citizen guide had dropped the condemnation of this abhorrent practice. There were headlines like, “[The minister of immigration] won't commit to keeping warning about genital mutilation in immigration guide”. After these reports came to light, I had to sponsor a petition that called on the government to ensure that the final draft of the new citizenship guide included the condemnation of this practice. I questioned the minister about this change repeatedly. Why did I have to do that? This is a no-brainer, yet it was weeks, months before we saw action on feminism. The fact that this question had to even be brought up and officially condemned in our Parliament is appalling to me.
When I think about today's debate, I also think about the women in my riding who have been devastated by this government's policy on the energy sector in Alberta more broadly. Everyone in my community wants to support a transition to a renewable energy-based economy. Having no plan to support them and no plan for other jobs has left my community destitute, and that has a unique effect on women. Almost every day, I heard about how the Liberal-induced jobs crisis in my community has left women in unimaginable situations. I have had women in my community say that, with job losses in the energy sector, they have contemplated turning to prostitution as a means of feeding their families. Rates of domestic violence are up, and they are losing their homes and their children. Yet, we are talking about training people who have the privilege of being appointed into a judicial position.
It is abhorrent that we are putting women in these situations because of the bourgeois attitude of this government. It is abhorrent that the women of my community are left behind while the stands idly by, claiming to be a feminist without any compassion or plans to address their plight. Do these women and their families not matter simply because the province they live in and their gender does not tend to overwhelmingly vote for this brand? Is their struggle any less, simply because the believes that their jobs are dirty? This is systemic misogyny, and it is right here in this place and we are not addressing it.
These issues are not limited to our legal system. In schools across this country, young women are taught next to nothing about their bodies. Female sexuality is still taboo to discuss, never mind talking about pleasure. We still see unfair dress codes that target girls who are wearing so-called revealing clothing that is just comfortable to wear. We see this with the ridiculous stigma around menstruation, a completely normal bodily function that billions of people around the world experience. That is to say nothing about the complete lack of discussion in schools about the unique experience of trans women and girls and the violence that they are subject to. This lack of education extends to issues of consent as well. Our youth, especially our men, are not taught that “yes” means “yes” and that “no” means “no”. How can we expect to actually address sexual violence in this country if girls learn to be ashamed of their bodies and young boys are not being taught when sex is consensual?
If we are silent across party lines on these issues here, in the centre of power in our nation, what good does training judges do? If those who run the show here do not face consequences, why should those in the judiciary expect that they will be treated any differently? Every person has an individual responsibility to change the culture that has precipitated the need for the bill, and that includes calling out people in our own networks and challenging our own rigidly held dogmas.
We are in the month of October when the traditional images of witches take centre stage in popular culture across the country. Warped, disfigured, evil-looking women are held up as signs of all that is evil and wrong in the world, and if something bad befalls us, witches are to blame. I could not think of a more apt month to discuss the bill.
For a significant portion of relatively recent history, women were burned at the stake for being midwives and herbalists because the church and wealthy mercantile class wanted to consolidate the medical trade into the hands of men. Women were burned if they embraced their sexuality. Women were burned if they were too pretty and spurned the advances of a wealthy man, or if they spoke truth to power. For a time, between 10,000 and 40,000 women were burned simply for being women who did not conform with the behaviour that the system of male patriarchal institutions prescribed.
Today, the image of a witch still evokes deep-seated cultural norms that strong, empowered women with extraordinary ability are evil: something to be feared, at best, and eliminated at worst. The shamans, the elders, the wise women, the truth tellers, the midwives and the empaths are the women who have brought change for the better to our world, yet in our history and celebrations they are still portrayed as something to be warded against.
While women in our country are no longer literally burned at the stake for being powerful, how many are passed over for promotions by those who fear their courage? How many women are sexually assaulted and made to feel that they brought it on themselves? How many children sit in poverty because they bear the cost of child care? How many women are taught that their sexuality is a sin, not a gift? How many women are placed in situations where they do not have total control over their bodies? How many women never see justice for wrongs they have experienced?
We still burn women for being witches, even if it is metaphorically. That is why we are debating the bill, but there is hope. Women have always had the innate power to create, to bless, to lead and to heal. When I came here, I thought I knew my power but I really did not. It took me time to understand that my intuition is always right, that my voice always has agency, that compassion always wins and that courage, while sometimes met with great personal cost, will always deliver change.
I have learned from tremendously courageous women in my time here. I remember the power and blinding radiance of Nadia Murad's face when she sat in the gallery as I fought alongside her for justice for her people. I remember the member for sitting resolute in her truth as her party worked to suppress her agency, but could not because her source of power was from something far greater that they could never remove.
I remember Jane Philpott, now the Dean of Medicine at Queen's University, courageously supporting her in her cause even though it cost her political career. Congratulations, Jane. I remember Megan Leslie, a champion for Canada's environment as she pushed to remove plastic beads from our lakes and rivers. I remember Lisa Raitt as she gracefully mentored me through some of the hardest lessons these halls of power can present.
I name these women and salute their courage and power, but we cannot forget the millions of unnamed women across this country who demonstrate their power on a daily basis. There is the mother who manages to feed her children with no partner to help her. There is the grandmother who takes care of her daughter's children. There is the doctor who finds a breakthrough in a disease, and the lawyer who wins a case, and more.
I stand here today unafraid, after all these years, of doing what is right no matter what is thrown against me. This is the magic that entrenched misogynistic systems try to beat out of women. They still try to beat it out of me every day, but we are remembering our power that has never left, and we are embracing it. We are demanding justice. We are claiming our power and refusing to let men in power skate by. We are not here to make the system comfortable. I am not here to make anyone comfortable, I am here to effect change. That is why the bill angers me: that we must put forward a program of training, in the expectation that those who we elevate to the judiciary have come to this place of power needing it, is a clear demonstration to me that the system is broken.
Why do we not appoint less misogynists to the bench instead of coming up with special programs to train away the hate that women experience?
Why do we not appoint more brilliant women to the bench, women who will work to dismantle the systemic misogyny that exists across our legal system rather than pour tax dollars into a training program that does little to actually protect women?
There are questions that this bill plainly fails to address and the government has taken precious little meaningful action to address them. While I support the bill, I refuse to be quiet about how it clearly takes the wrong approach to an issue that cuts to the very core of our society. This topic is worthy of much debate. I have no problem criticizing the bill for not going far enough. There are those who might even call me a witch for doing so, but I will not be silent.
By the way, happy Samhain to those who are celebrating.
We owe it to women and girls in my riding and across the country, our daughters and those who will come after them to demand more for them, a future where women and girls no longer live under the constant fear of sexual violence.
:
Madam Speaker, I appreciate the opportunity to speak today to Bill .
Before getting elected, I had the opportunity to serve on the board of an organization in my riding called the Saffron Centre, and I want to recognize the great work it is doing in providing counselling and education on bullying, sexual violence, boundaries and related points. I served on the board of that organization prior to the #MeToo movement. At the time, the board would have conversations about the lack of social awareness around these issues and some of the challenges of fundraising and engaging people in supporting our organization in the context of where the awareness was at that time.
There is still a long way to go, but I think a lot has changed. As a result of the #MeToo movement, there has been a real growth, awareness and recognition. It was interesting for me to speak with some of the people involved in the organization after the start of the #MeToo movement. They shared with me that there was a significant increase in the demand for counselling. A lot of it was cases of historic trauma, that is, people who had experienced sexual harassment and violence, perhaps decades ago, and had never come forward or sought help. They were empowered to seek help based on what they were hearing about in the media or on social media when other people were stepping forward and sharing their experiences. We probably all have stories about community-based organizations in our riding. The way that public conversations around the #MeToo movement encouraged people to come forward to seek counselling and support for historic trauma really reminds us of the importance of these conversations.
Some time today has been spent debating the debate, with members across the way challenging why we are having this debate and asking why we cannot just give unanimous consent at all stages of the bill. We have seen cases in which bills that maybe have one objective do not fulfill that objective or could be strengthened in other ways at committee, so the parliamentary process is important. We have also seen, even today, how the conversations around these issues can be important and inspiring for people. It is therefore important for us, as members of Parliament, to discuss these issues as we support Bill and work to move it forward.
[Translation]
In 2017, our former Conservative leader, Rona Ambrose, introduced the just act, a bill that would have required lawyers seeking a judicial appointment to undergo training about sexual assault. It would also have required courts to provide written reasons in sexual assault rulings. The House of Commons passed the bill unanimously, but it was delayed in the Senate, and as a result the just act was never passed.
In Canada, an estimated one in three women and one in eight men are victims of sexual violence at some time in their lives. That means approximately 5.73 million women and 2.3 million men will be victims. We can all agree that those numbers are too high. Statistics Canada reported in 2014 that, sadly, only 5% of sexual assaults were reported to the police. That means that fewer than 5% of sexual predators get the justice they deserve for their despicable acts.
The low number of reported cases is due to the fact that victims of sexual assault no longer have confidence in our justice system. A report published by the Department of Justice entitled “A Survey of Survivors of Sexual Violence in Three Canadian Cities” found that two out of three women had little or no confidence in the justice process. This is because the judges presiding over sexual assault cases had no knowledge of Canada's sexual assault laws. This led to incidents where judges unfairly questioned the character of the victims and completely ignored our sexual assault laws.
The just act would have improved this situation. Last Monday the Liberals decided to re-introduce this bill. Like the just act, Bill would require all newly appointed provincial superior court judges to participate in training on sexual assault and would amend the Criminal Code to require judges to provide written reasons or provide reasons in the record when making a decision in a sexual assault case.
Let us put politics aside. I am pleased that this bill has been brought forward again to protect the vulnerable victims of sexual assault. However, I think that we should take this opportunity to go even further. In February, I told the House that it would be useful to include sexual assault training for parole officers as well. I would like the government to add that to this bill.
We know that there have been problems in the past with the Parole Board of Canada. Dangerous criminals have committed more crimes after being released on parole. One example is the case of Eustachio Gallese, a convicted murderer who stabbed a woman after being released on parole. This incident could have been completely avoided had the Parole Board of Canada demonstrated good judgment. I am worried that this sort of thing could happen again when predators are released on parole. That is why it is essential that we give parole officers training on sexual assault and sexual predators. Victims must be protected.
I know that the current Liberal government likes to boast about being feminist. Here is a perfect opportunity to show Canadians that its feminist approach is legitimate and not just a political talking point. Going above and beyond the previous proposal by adding other measures to protect victims of sexual assault would be a worthwhile initiative. I know that we all want to ensure that Canadian women and men are protected from predators.
As legislators in this minority Parliament, I think it is important that we work together to ensure that we pass good, comprehensive legislation. I look forward to discussing the need for sexual assault training for our judges and our parole officers with my colleagues from all parties.
[English]
Having discussed now the substance and history of this particular bill and some related issues, I would like to add a few additional general comments about the vital work of combatting sexual assault and then respond to some of the other comments that have been made thus far in this debate.
While recognizing the value of educational initiatives, we also need to recognize their inherent limits. Criminal behaviour by some and callousness or indifference by others can, indeed, result from ignorance. Ignorance can be resolved through education, but ignorance is not the only cause of bad behaviour. Some people who are fully informed about what is right and wrong will still go on to commit heinous crimes or show indifference to the suffering of others. For such people, the problem is not awareness; rather, it is inclinations or patterns of behaviour that they have not brought under control.
It also might be a lack of empathy. For those who lack a requisite degree of empathy, no amount of information will change their behaviour. As author C.S. Lewis once observed, “Education without values, as useful as it is, seems rather to make man a more clever devil.” Lewis's point deserves reflection as we consider the importance, but also the limitations, of prescribing education and training in response to sexual assault and harassment. We need to ask ourselves what actions we can take and what actions other institutions can take to support the development of positive, as opposed to negative, patterns of behaviour, as well as the development of empathy. Without this necessary development of character and virtue, more education in terms of legal lines and processes will be ineffective.
Another way to consider this issue is through the lens of the old debate between virtue ethics and rule-based ethics. Rule-based ethics frames ethical actions being about adherence to rules. In the present case, a rule like, “Don't assault or harass another person” is the one being applied.
Virtue ethics, on the other hand, frames ethics in terms of the need to develop positive qualities of character that allow individuals both to know what is right and to be able to apply that knowledge in specific situations. Virtue ethics would emphasize the need to develop the virtues of justice and self-control. A person who has developed the virtues of justice and self-control will necessarily not engage in behaviour that hurts or threatens other people, justice being the virtue of giving to others what is due to them and self-control being the virtue of controlling one's own appetites or inclinations.
These two ethical frameworks, rule-based and virtue ethics, are not mutually exclusive, but there is a question of emphasis. Personally, I believe the virtue ethics framework is more important because it seeks to not only attend to questions of what we ought to do, but also attend to questions of how to develop the capacity to consistently do what we ought to do.
Efforts to combat sexual assault should not just involve education in the form of passing on information about standards of conduct and legal frameworks but should also involve the positive promotion of qualities of character like justice and self-control. Growing up, I do not specifically recall ever being directly told not to sexually harass or assault people. Instead, I was taught to recognize the innate dignity of all people and to exercise control over my impulses. When justice and self-control are fully absorbed, the specific rule in this case seems very obvious.
As a father, I obviously think a lot about how to raise my own children to be good people and good citizens. My own children are too young for discussions about sexual violence, but I already try to work to encourage the development of the virtues of justice and self-control as well as a sense of solidarity and empathy. The development of these intellectual and practical virtues will hopefully make it obvious how to behave in situations they may encounter in the future.
Much is said today about the idea of toxic masculinity. In my opinion, it is important for us to seek to replace toxic masculinity with a redefined masculinity. Toxic masculinity involves seeking power over others, but a redefined concept of masculinity means power and control over oneself and one's own appetites and the courage to work to protect vulnerable people and advance justice.
Winston Churchill once observed that the power of man has grown in every sphere except over himself. Here, Churchill puts his finger on one of the biggest problems we face today: People who may know what is right and have been fully educated in terms of what is right still do not always have the will or virtues required to exercise the necessary power over their whims and appetites. The exercise of that power over self is vitally important in order to be a good person and a good citizen. A person without the virtues of justice and self-control can never be truly happy or resilient.
A redefined masculinity would emphasize justice and control of self, not personal gratification and the domination of others. I worry that in so many domains modern governments emphasize rules but not virtues, training but not the development of character. We need to give more considerations to the lessons virtue ethics can provide for combatting evils like sexual harassment and assault. I hope those who are developing these training programs for judges as well as for young people, educators, former offenders, etc., will take into consideration the important insights of the virtue tradition.
I want to take the remainder of my speech today to just respond to some of the points made. My colleague from spoke very eloquently about many different issues. She spoke about the importance of jurisdictions. This bill is an action in federal jurisdiction but it reminds us as well that there is other action that needs to be taken in other levels of government. The debate we are having today can hopefully be an impetus for further conversations.
My colleague from also spoke about the issue of rape culture. It is worth revisiting the important work done in the last Parliament that was initiated by my colleague, the member for , on understanding the impact violent sexual images can have on especially young boys who see those images. We need policy changes that specifically combat rape culture, such as having requirements for meaningful age verification on the Internet. We should not be allowing young boys to access violent sexual images on the Internet. By instituting mechanisms for meaningful age verification, we could provide greater protections to ensure there are not those aspects of rape culture shaping the early sexualization of young boys.
I want to salute the member for and the member for for the work they have done on those issues. I hope we will see, in the spirit of meaningful action on these issues, things like meaningful age verification. I will be picking up my remarks when we return.