Madam Speaker, I can see it is no exception to the previous times this bill was before the House. All the parties are very much in support of us doing more.
Today I rise in support of Bill C-3, an act to amend the Judges Act and the Criminal Code. This bill is a key step to ensuring that each individual who interacts with our justice system is treated with the dignity, respect and compassion they deserve. I am eager to see this important bill continue to move through the legislative process.
Bill C-3 would amend the Judges Act to ensure all newly appointed provincial superior court judges take part in training on social context and sexual assault law. This bill also proposes that, when the Canadian Judicial Council develops seminars on sexual assault law, it does so following consultation with groups that counsel sexual assault survivors and organizations that support them.
Bill C-3 also seeks to have the council report to the Minister of Justice on the seminars offered related to sexual assault law and social context. Finally, the bill would require judges to provide reasons for their decisions under certain sexual assault provisions of the Criminal Code.
This would be a great step forward at this time. The House is not necessarily aware of all the judges going through the currently available programs, so having this transparency would be a great step forward.
Today I would like to focus my remarks on the importance of social context training for judges. In particular, I would like to address how the social context education provisions in Bill C-3 would help ensure an inclusive justice system that is free of systemic racism and systemic discrimination.
Individuals who appear in court are more than claimants, respondents or witnesses. They are not just names on a legal document or faces in a courtroom. An individual's engagement with the justice system is deeply intertwined with their life outside the court. They bring with them to court their experiences, their stories and their context. To ensure that all people who engage with the justice system are treated respectfully, fairly and equally, judges need to understand the realities of individuals who appear before them. Bill C-3 recognizes this need.
I would like to take this opportunity to talk about certain cases that have come to light recently. When we speak about the realities individuals face in the social context of their upbringing, the religious or ethnic group they belong to, or how they were raised and the socioeconomic impacts they have had to live with, we do not know a person until we have walked a mile in their shoes. That is a commonly used phrase, and I do not think we expect judges to know all the social contexts people come from without training. It is not a knock on anyone's intelligence per se, but we can benefit in many roles, even as parliamentarians. I know my team and I have benefited from the knowledge we have learned from having to take the GBA+ analysis course annually.
In many of the stories I went through in preparation for today's speech, I saw a common thread linking victims together. They felt like going through our criminal justice system made them feel like they were the criminals. They felt they were on trial. This happens because of either how their work, family or society treats them after they come out, but also particularly because of how our justice system treats them, with the comments made by judges and the faulty decisions that have happened in so many trials. It is very important for us to take a moment to highlight those and understand them a bit better.
In a particular trial I read about a woman was raped over a 15-hour period by her brother-in-law. She screamed at times, she fought her attacker and, at times, she said she stayed quiet out of fear. As a result, in the trial, the judge questioned her credibility because he said her inconsistent behaviour was not credible. Why did she fight it off at times and why, at times, did she remain quiet out of fear? It goes to show that when victims come forward, they are the ones who are put on trial and their actions are put on trial.
We do not see this in regular physical assault cases. For example, if somebody is punched or beaten in a bar fight, we never question the victim. Why were they not able to duck a punch? Why were they not able to run away? Why did they not do better to protect themselves in that moment? I have never heard those types of remarks made by a judge or authority when it comes to those who suffer physical violence unless, at times, it comes in the form of domestic violence. I think we have come a long way on domestic violence, but we hear those types of statements made at that time too. I fear that when it comes to the issue of sexual assault and rape cases, we just have not gone far enough. We have not progressed in our society to where we should be.
In another case I was looking at, a woman was screaming “no” when she was being attacked. She tried to crawl away. She was fighting the person off. However, the Superior Court justice said that it was very curious that nobody heard her cries and that there were no witnesses to testify that she was crying out. Once again, whether someone is quiet or crying out during an attack, it seems that in case after case some insensitivity, stereotype or rape myth was commonly used in these trials.
Another really important case I came across during this pandemic was from my own community. I come from a South Asian background, particularly Punjabi, and my parents immigrated to this country in the 1970s. In the case I came across, this family also immigrated to British Columbia in the early 1970s. I do not think it is unique to South Asian culture, but many cultures find shame in the act of sexual assault. The shame is not necessarily put on the perpetrator the majority of the time, who is often a male perpetrator, but the shame is put on the victim. I have seen it in popular Bollywood movies I watched growing up.
In the case I am going to talk about, the girls involved just released a documentary that I would highly suggest people watch. It is called Because We Are Girls. In this documentary, three sisters were victims of sexual assault from the age of 11 onward for a lengthy period of time. They suffered daily abuse at the hands of a family member. They often go back to think about why they did not speak out at that time, why they were not able to bring the issue up to their parents, or why they felt shame. Often, there are cultural influences people go through. I know our justice system, and many people, would ask why they did not come forward sooner or why they waited until their adult years to finally speak out about the terror they had been through. They go through that in this documentary. They are three girls from the Pooni family, and they really explain the terror they went through.
The three sisters were Jeeti Pooni, Salakshana Pooni and Kira Pooni. They had a cousin named Raj Rana who also brought forward claims of sexual assault.
They grew up in a very traditional family, one that worked really hard to give themselves, their family and their daughters a very good life, which every immigrant family tries to do. Immigrant families work hard to succeed here in Canada and along with success, they want to be able to raise happy and healthy children. With that comes the need and desire to hide these incidents when they happen, because they know that if these incidents come out, they would not just bring shame on their whole family, but perhaps their whole community. Therefore, the need to hide this is even greater among immigrant families.
In this case, I want to talk about the influence of many films they talked about, where the heroine would be raped in a certain scene and then commit suicide because she had become impure. She was going to bring disgrace and shame on her family, so she would jump in a river or use another means of committing suicide. These films are really tragic.
One does even not realize, when watching a lot of these old movies, how often these references are made, how women are made to feel subservient and that good women would remain quiet and listen to the authority figures in their lives, who are generally men. When men in women's lives have some authority over them, as men in some cultures tend to have, it is very difficult for survivors in those cases to come forward. It is extremely difficult.
I want to give credit to the Pooni sisters who brought their story to light through this documentary and went through the horrors of the judicial system for approximately 12 years. In 2006 they first reported the abuse to the authorities, and it was not until 2011 that the perpetrator was charged. The trial did not begin until 2015, and then a verdict in that trial was not reached until 2018. Many years went by.
During 11 years of going through the system, many comments were made to these individuals. The judge found one of the sisters to be too aggressive and too evasive when she was asked questions at trial. At times, the women testified that they really felt it was so difficult to have to relive their horrors and nightmares. Each time there was a delay in the case and the case would be brought back, or when there was an appeal, they were made to testify again.
When there is a long period of time in between proceedings, there are bound to be inconsistencies and details people forget or may recall that they did not recall last time. For a lot of victims of sexual assault, one of the coping mechanisms is to block the assault out and not think about it. When something happens to women at a very young age, it becomes even more difficult.
There is definitely insensitivity within our process to not be able to understand what a victim goes through. In some cases I have seen, if the witness's timing is off by an hour in how they recall events, the victim is not successful at trial. Also, as in the Pooni sisters' case, because there was too much raw emotion in their testimony, the judge found that to be a very negative thing. At times there is just no winning, depending on the inherent biases the judge may have at any given point.
Thankfully, at one point in April 2018, the perpetrator in this case, Mr. Virk, was found guilty of four of the six charges that were laid against him. However, in June 2019, before he could be sentenced, the defence asked for a stay of proceedings due to all the court delays and the fact that the defendant was not able to get a speedy trial. Of course, not being able to get a speedy trial was something the victims suffered from. According to our Charter of Rights and Freedoms, people are guaranteed a speedy trial.
There are a lot of flaws in our system and educating judges will be one step forward, but efficiency is definitely needed within our courts system. Efficiencies will be very important for us to be able to provide witnesses with relief so they do not have to live their horrors over and over again. It will also provide a speedy trial for defendants.
After the stay of proceedings was granted, it meant there would be no sentencing even though this man had been found guilty of four of the six charges. It also means the perpetrator is still out there. The perpetrator is still able to offend. Other people could become victims. The perpetrator does not have to sign up and be on the national registry. A petition on change.org was signed by many Canadians around the country to have an inquiry into this trial, which is a good idea. We need to inquire further as to what missteps have happened in this trial and in many other similar trials.
The good news is that the Crown appealed the stay of proceedings. There was a hearing on that appeal on November 5. We do not know what the outcome of that hearing is and I do not think we will know until spring of 2021. Therefore, going from 2006, when these three young brave women came forward about the rape and the horrors they experienced in their childhood, to 2021, they are still living it day in and day out.
They have become role models for many other women who have suffered in silence, many other women who do not have the strength to come forward. I have met many women like that as well. I have to commend the Pooni sisters. They have become great role models for their children and for other women in their position.
I would like to thank Rona Ambrose for bringing this bill forward originally. It is unfortunate that the bill sat in the Senate for two years when there was unanimous support for it in the House of Commons. Elected members of Parliament truly want to see change in this area, and there was a lot of delay in the Senate.
I am really hopeful that the bill will see the same type of cross-party support this time around and that we will see a speedier decision in the Senate. Together, we must work to ensure Canadians have access to a justice system that is responsive, inclusive and free from systemic racism and systemic discrimination. This bill is an important step forward toward those goals and I am eager to continue to work with my colleagues to move Bill C-3 forward.
I would suggest that those who are interested should watch the documentary Because We Are Girls. It gives great understanding as to what sexual abuse victims go through. We can do a lot better.
