Thank you, Madam Chair.
Ladies and gentlemen of the committee, I want to start by thanking you for inviting me to appear as part of your study on Bill C‑225. I sincerely applaud any private member's bill that seeks to make people, especially women, safer.
I started out as a lawyer more than 30 years ago, at the Attorney General of Quebec's office. For five years, I dealt with dozens of cases involving family and intimate partner violence. I saw scared women who wanted to withdraw their complaint or refused to testify for fear of retaliation. Even then, the burden of proof and the responsibility for their own protection was often on them.
At the same time, I joined the board of directors of an organization that helps abusive men. That was a revelation, because finally, the source of the problem was being addressed. I volunteered there for more than 20 years and was a group worker for six years.
Today, I have the honour of running the À cœur d'homme network, made up of 32 organizations across Quebec. The network works directly with men to prevent them from reoffending and end the violence.
I'm also involved in a committee that examines domestic violence deaths, overseen by the Quebec coroner's office.
Allow me to highlight a couple of compelling facts about spousal homicide. First, in nearly 30% of cases, the first—and only—manifestation of physical violence is the killing of the victim. Second, in nearly 90% of cases, the victim experiences coercive control before or after separating from the abusive spouse.
In light of those facts, I applaud the intent behind Bill C‑225. Automatically designating an intimate partner homicide as first-degree murder, regardless of premeditation, may seem logical. Indeed, the research shows that the majority of spousal homicides are not impulsive acts. They are thought out and planned—the ultimate act of control.
However, as drafted, the bill raises some legitimate concerns, which have already been brought to your attention. Accordingly, a victim defending themselves against their attacker could face a disproportionate burden of proof. For that reason, I respectfully submit that introducing a single specific offence criminalizing coercive control would be preferable.
While that may seem surprising, coming from an organization that works with perpetrators of violence, the proposal is very much in line with our values. To recognize coercive control is to place the responsibility for the violence on the perpetrator and hold them accountable for the consequences of their actions.
Similarly, I don't think it's necessary to create new offences. The existing provisions are sufficient, provided that when acts such as assault, harassment and intimidation occur within a dynamic of coercive control, they be considered aggravating factors. These situations must lead to harsher sentences, as well as psychosocial follow-up that is both rigorous and accessible. Services must be provided at every opportunity in order to break the cycle. There is no point in making a list of problematic behaviours, because perpetrators adapt and break the rules. That is why comprehensive, consistent and inclusive legislation is necessary.
Furthermore, I fully support the provisions requiring a judge to rule on the release of an accused repeat offender. The court's ability to order a risk assessment is also critical, but probation officers or criminologists should be the ones to conduct the assessment, rather than doctors. Probation officers and criminologists have the expertise to identify the dynamics of violence and to quickly refer perpetrators to the right resources.
In closing, I want to point out that the risk factors for spousal homicide have been long been identified in the scientific literature. Prevention depends on all stakeholders truly working together, across the justice, health, public safety and social service systems.
Quebec has made significant progress, but resources are waning, staff don't have enough time and budgets are shrinking, while the number of victims coming forward skyrockets. It is paramount that the Government of Canada continue to support the provinces and the organizations on the ground, those working every day to support victims, hold perpetrators accountable and make communities safer. We have a collective responsibility to take consistent and courageous measures, because another victim is one too many.
Thank you, Madam Chair, for this opportunity.