Madam Speaker, I will be sharing my time with the member for Abitibi—Témiscamingue.
As we commemorate the École Polytechnique massacre today, I would like to begin by reminding the House that 14 women were killed at a Montreal school exactly 29 years ago today. We all believe in eliminating violence against women and girls, which no moral code or policy can justify.
Today, the focus is on armed violence. The bill introduces major changes to how the justice system handles cases involving sexual assault and violence. In recent years, the NDP has been putting pressure on the government to keep its promises, heed the call of feminist organizations, and take action by funding measures to achieve true gender equality and end discrimination and all forms of violence against women and girls.
Our former colleague and leader of the opposition, Rona Ambrose, cared deeply about this issue. She introduced a bill to ensure that judges are better trained on the issue of sexual assault. The bill passed unanimously in the House and remains in the Senate. I think we all want to improve our society.
The NDP wants to support the Senate's amendments regarding sexual assault, but as parliamentarians, we must also make sure that the government is not just making symbolic gestures. We must ensure that these changes are followed up with meaningful action and funding for our legal system.
A few hours ago, I asked the Minister of Justice whether she intended to set up a fund to help victims pay for lawyers to keep them safe. All she said was that her government had already invested money to give victims access to four hours of legal advice. Four hours of legal advice is not the same thing as being defended by a lawyer with experience in these matters.
I welcome the positive change this bill allows. However, the government's response to Parliament's motion is troubling and disappointing. Senators, my colleague from Cowichan—Malahat—Langford and many witnesses talked about potential problems if we do not clarify consent. By asking two questions, my colleague from Abitibi—Témiscamingue just illustrated how much grey area still surrounds consent. When we talk about consent we mean agreeing to engage in sexual activity. There is also the issue of condom removal without the partner's knowledge, whether that partner is a woman or a man. This should also be included in the definition of consent.
As we know, women are more likely than men to be victims of sexual assault. Sexual assault is the only violent crime in Canada that is not on the decline. Since 1999, the rate of sexual assault has remained relatively stable. That is one of the reasons the risk of violence against women was roughly 20% higher than that of men in 2014, according to the self-reported data from the general social survey on victimization. What concerns me is that the rate of this type of assault is 18 times greater for young Canadians 15 to 24 than it is for people 55 and older. We all know that alcohol is a factor at student parties and far too often complainants cannot get justice because a judge does not recognize their rights since they were passive under the effect of alcohol.
According to Carissima Mathen, associate professor at the University of Ottawa's Faculty of Law, from a legal perspective, ambiguous consent cannot be considered an affirmation of agreement. Still according to Ms. Mathen, passivity is not consent and consent must be expressed in a meaningful way and not by silence.
Intoxication with alcohol or any other substance cannot be used as a defence by someone who commits this type of crime. I will say it loud and clear: there is no excuse or justification for a sexual assault. Asking for consent before and during a relationship is key. There is still a great need for education of adolescents and young adults, particularly about consent.
We have heard a lot about this in recent years. We have heard about the #MeToo movement, or #MoiAussi in Quebec. This is still a hot topic. Unfortunately, the concept of consent is often misunderstood. There should be more discussion and debate about this so we have a clear definition of consent, especially when introducing bills that will affect the legal system.
That is why the Senate's amendments are very interesting. They incorporate the principles of the amendments my NDP colleague moved at the Standing Committee on Justice and Human Rights which, unfortunately, were rejected by both the Liberals and the Conservatives. I find this part of the government's response problematic:
...as they are inconsistent with the bill’s objective of codifying Supreme Court of Canada jurisprudence on a narrow aspect of the law on sexual assault and instead seek to legislate a different, much more complex legal issue, without the benefit of consistent guidance from appellate courts or a broad range of stakeholder perspectives.
On the contrary, the goal reflects the Supreme Court of Canada's 2011 decision in R. v. J.A. The amendments proposed by Senator Kim Pate absolutely and unquestionably reflect the Supreme Court of Canada's decision, so I do not understand why the federal government decided to reject them. There are also several recommendations from experts and women's groups who appeared before the committee. Here is what Chief Justice Beverley McLachlin wrote in the Supreme Court's 2011 ruling in R. v. J.A.:
Parliament requires ongoing, conscious consent to ensure that women and men are not the victims of sexual exploitation, and to ensure that individuals engaging in sexual activity are capable of asking their partners to stop at any point.
I would also like to quote University of Ottawa law professor Elizabeth Sheehy, who commented on the ruling in a CBC article:
The most important message...is that unconscious women are not sexually available. It is a crime to touch a person who is asleep or drunk.
If that is not enough to convince my colleagues, I invite them to read the decision handed down in Alberta a few weeks ago. Senator Kim Pate sent a copy to our offices. The court of appeal in that province overturned a lower court ruling, pointing to the need of once again addressing and clarifying the concept of consent. As we know, there are still too many prejudices and, as the senator put it, too many harmful stereotypes about sexual assault victims.
The courts have taken a stand on this concept and therefore it is up to us, as legislators, to establish a clear definition. We must not wait for another case to go all the way to the Supreme Court before we finally do something. Unfortunately, the government's excuse for not taking action is absurd at best. If court rulings are not enough, I invite my colleagues to refer to organizations that have also taken a stand.
The DisAbled Women's Network of Canada wants the amendments to pass. Student organizations have developed campaigns on the concept of consent with a clear message on the issue of intoxication. Here is what the website withoutayesitsano.ca says about one myth:
Being drunk, intoxicated or unconscious as a result of substance abuse invalidates consent. Alcohol remains the number one rape drug.
In other words, the Senate's amendments are consistent with the amendments brought forward by my colleague from Cowichan—Malahat—Langford at the Standing Committee on Justice and Human Rights. Clear jurisprudence exists on the issue of consent when a person is intoxicated, unconscious or in a passive state.
In conclusion, from a social perspective, more and more organizations are fighting for clearer rules of law on this topic. Parliamentarians, experts and judges agree, and civil society approves. What more do they want? The government's response to the Senate amendments makes no sense politically or legally. We must do more to combat sexual assault, and the Senate's amendments are a step in the right direction.
