Bill C-311

Violence Against Pregnant Women Act

An Act to amend the Criminal Code (violence against pregnant women)

This enactment amends the Criminal Code to specify that knowingly assaulting a pregnant woman and that causing physical or emotional harm to a pregnant woman are to be considered aggravating circumstances for sentencing purposes.

Second reading

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, the member for Carleton. I am so sorry. That is totally my fault, and I take responsibility. My apologies, but I am reading verbatim.

The article reads that the coalition has always rated the member as “anti-choice and continues to do so.” It continues to say, “he has consistently voted in favour of anti-choice private member bills and motions, with just one exception”.

Here are some examples: “There's just too many other reasons to doubt [the member for Carleton's] pro-choice claims”. “Like Erin O’Toole, [the member for Carleton] would allow private member bills against abortion to be introduced and would allow a free vote.”

On Bill C-311, which is likened to an anti-abortion bill, the entire Conservative Party, including the member for Carleton, voted in favour.

That is in this Parliament, so it is not surprising to me, when we are talking about an opportunity to lift up the rights of women and gender diverse people, to lift up equality, to support a person's right to choose and to have access to safe, trauma-informed abortion care, that the Conservatives are violently opposing this legislation. Why? It is because they do not care about reproductive rights. In fact, they have actively voted against reproductive rights.

The fact is that Conservatives are going against the pharmacare bill and are talking about insurance plans. There are a lot of people in this country who do not have insurance plans, which tells me how out of touch the Conservatives are with people who are struggling. These are the people who are struggling and who they talk about all the time. They are working, not for a living wage, and have no benefits and no pension plans. They not only have fought against this benefit, should they have diabetes or should they choose to not want to get pregnant, but also have actively fought against a living wage, often in marginalized jobs, often taken up by women in marginalized communities.

Do members want to talk about freedom? It is freedom only if it suits the Conservatives' narrow, and what has been likened by some, certainly in the media, extremist rhetoric. These are things like the member for Carleton endorsing Jordan Peterson, who is anti-trans, anti-choice and anti-women.

Therefore, it is not surprising that in a bill that focuses on specifically lifting up equality in Canada, the Conservatives are conveniently fighting against it in the name of so-called “choice”. By them denying individuals' access to contraception or to the morning after pill, they are denying freedom to make a choice over one's body. This includes banning medications from young people who are transitioning, young trans kids. We need to protect trans kids. We need to protect women's rights, and we need to protect the right to choose.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I am proud to rise today to support what the NDP has fought for. It is the beginning of a pharmacare plan that will start with one of the things the NDP has championed for years: the reproductive rights of women and people who menstruate. It is a significant step forward to promote reproductive rights for women and gender-diverse people in Canada; we know, for far too long, leaders have neglected calls to improve reproductive health services. In this room today, I have heard Conservatives saying such things as that we already pay for abortion; they know very well that even the Liberal government still does not provide access to safe, trauma-informed abortion care. We are talking about the gamut of reproductive rights; that includes the ability, if one so chooses, to access contraception.

I used to be a high school sex ed teacher. One thing we would talk to the kids about was choice and how to protect themselves and their reproductive rights should they want to avoid pregnancy. I know there are Conservatives smiling because the discussion around sex, abortion and contraception is a difficult one, but these are important open discussions that we have to have, especially as we change into a society that is becoming much more inclusive in our gender diversity. I support that. The bill would allow nine million people of reproductive age in Canada to access contraception, providing them with reproductive autonomy and reducing the risk of unintended pregnancies.

However, we know that bodily autonomy is currently under attack. We have heard in the House, in fact, petitions that have been put on the floor by the Conservative Party that attack the trans community. The March for Life is happening on Thursday, and I wonder which Conservative faces we will see again this year at the campaign. Just as the colleague across the way said, the Campaign Life Coalition has labelled the Conservatives anti-choice. This is not surprising, because in this very session of Parliament, Bill C-311 was named a backdoor anti-abortion legislation in the name of so-called violence, even though it was not supported by any women's groups working with women and gender-diverse people who are experiencing violence.

The bill is also a major win for promoting the rights of economic empowerment for women and gender-diverse people in Canada. We have a right to choose what we want to do with our own bodies. I find it disturbing that, in 2024, most of the people opposing the bill in the House on the Conservative side are not even impacted by it. I do not know many men in the House who have to run to the drugstore to get birth control pills or have to use diaphragms or IUDs. This is a gender-specific issue for women and gender-diverse people. It is really appalling, because the very Conservative opposition that is talking about freedom, with a leader who talks about freedom, does not believe in freedom when it comes to bodily autonomy. The member for Carleton does not believe in freedom of religion, with the kind of Islamophobic, visceral garbage I have to hear on that side. Now they are directly attacking women's right to choose.

Bill C‑64—Time Allocation Motion

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I find it really funny that the Conservatives are talking about health care plans. Clearly, their lives have been marred with privilege, especially because every member in the House has a pharmacare plan that is paid for by taxpayer dollars, including the member for Carleton, who has had this for over 20 years.

In saying that, I have a feeling about why the Conservatives are stalling this, and it is because something is going to freeze over before they support the reproductive rights of women and, certainly, trans folks. The opinion held by the Conservative Party on the bodily autonomy of trans folk and women has been demonstrated through things such as voting for Bill C-311, which was a piece of backdoor anti-abortion legislation. It was called out by anti-violence groups, and it was supported by the Conservatives.

Let us not be too cozy with the Liberals either. Out east in New Brunswick, people cannot access an abortion. I have spoken to the minister about it, and the fact is that access to safe trauma-informed abortion care out east is not a reality. Although the Liberals wipe their hands of it as being provincial jurisdiction, I would like to remind the them that they do provide federal transfer payments, and they are obliged to uphold the Canada Health Act. That is not happening in parts of the country.

I am concerned about the Conservatives here. I know there was a whole revolution around women getting menstrual hygiene products. Now, there is a whole revolution around women or folks who use contraception getting contraception because not everybody has a health care plan and not everybody has access to safe trauma-informed abortion care. I wonder if my hon. colleague would speak to what his government is planning to do to make sure that folks who need a safe trauma-informed abortion can have it and what he is willing to do to make sure that this pharmacare plan gets passed.

Criminal Code

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I am bringing forward two petitions today.

The first petition is in regard to the fact that all of us in this House know that the level of domestic violence and violent crime across Canada has risen significantly under the Liberal government.

It is also well established in this House and across Canada that the risk of violence against pregnant women is greater, and yet the government fails to bring in any legislation that impacts our Criminal Code in this regard.

The petitioners, upset that the government has turned a blind eye to Bill C-311, are calling on the Liberal government to legislate the abuse of a pregnant woman and the infliction of harm on a preborn child as aggravating circumstances at the sentencing point, within our Criminal Code.

Carbon Pricing

[Diane Lebouthillier, Liberal, Minister of Fisheries]

Mr. Speaker, I expected no better from the Conservatives, who, in 2023, have opposed workers' rights and spread disinformation about housing.

They deny climate change. They want to reopen the abortion debate with Bill C‑311. They are betraying Ukraine. The one idea they had this year would financially harm eight out of 10 families. They are turning their backs on future generations when it comes to climate change. It is shameful.

Criminal Code

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, I am grateful for this opportunity to add what I hope are meaningful words on today’s bill. How we in this place can act to prevent intimate partner violence is an issue that has impacted my personal work here over these eight years. I know it concerns all members in this place.

Statistics Canada reports that, in 2021, there were 537 women per 100,000 people who were victims of domestic violence. Intimate partner violence accounts for almost one-third of the crimes committed in Canada and has increased 6% in the last year alone. Violent crime as a whole has increased 39%. Sexual assaults have gone up 71%. This is part of a larger pattern of increased levels of crime after eight years of the Prime Minister’s catch-and-release bail policies.

These statistics have an even greater impact when we consider that 80% of criminal activity involving an intimate partner goes unreported. We must ask ourselves why this is the case. Why is there such a lack of faith in our justice system? Why do victims feel there is greater benefit in not initiating criminal proceedings? Why do they not feel protected throughout a traumatizing period in their lives?

We can point to larger trends. Between 2004 and 2014, cases where failure to comply with a court order, when they were among the charges, grew by 25%, and cases involving charges related to a breach of probation increased by 21%. When intimate partner violence is reported, insufficient steps are taken by the justice system to deter further violence. This is despite the fact that in 60% of homicides involving an intimate partner, there was a history of violence. Half of these homicides involve an offender who has already been convicted on similar offences.

The Senate sponsor of this bill referred to one particularly egregious case, which I will now put on the record in this House. In Quebec, an individual accused of femicide had committed 50 criminal offences in his lifetime, including three sexual assaults and 11 instances of domestic violence. After violating his bail conditions a third time, he was arrested, but subsequently released. Just over one week later, he murdered his former partner. No wonder trust in our system has been shattered.

For the sake of victims, we need to do a better job of listening to and acting on their concerns. Bill S-205 is about providing our justice system with every tool we can to empower victims of intimate partner violence to come forward when crimes do occur and ensure that their rights are placed above those of their offender from the start of the legal process. It would ensure victims are consulted about their safety and security needs before conditions of release are imposed on an accused person. These conditions must take the victim’s opinion into account. If the victim is an intimate partner of the accused, they have the right to be made aware of the bail conditions.

A judge may choose to require the accused to wear an electronic bracelet upon their release, effectively creating a barrier between the victim and her attacker and ensuring law enforcement is alerted if the safety perimeter is broken. The bill would also extend the length of peace bonds and increase penalties for violating them. Again, this is proposed with the victim top of mind, allowing them a larger window of time after the attack takes place.

There is always more that can be done to bolster trust in criminal justice and to encourage victims to report their attackers without fear of retribution, but as it currently stands, an individual’s conditions of release are not subject to any monitoring mechanisms. This is not fair to victims, the public at large or our current understanding of intimate partner violence. What we know is not being reflected in the laws we have.

That is why this bill is one of many initiatives we should be adopting. I was pleased to speak in support of Bill C-320, or the truth in sentencing bill. It was just recently passed in the House with all-party support. The bill is another common-sense tool that would ensure we are prioritizing victims’ rights over those of the offender. At the core of Bill C-320 is transparency, which would ensure that victims are informed of why specific decisions are being made concerning an inmate’s parole date, temporary absence or work release. The victims should know all of those circumstances in advance of them happening and have the opportunity to contribute.

I am also proud of the work I did earlier this year on protecting pregnant women from violent men through Bill C-311. We know that, when women are pregnant, they are more susceptible to violence. We know that this is something that takes place in our country more than we realize when these situations are not top of mind. They are not handled within our court system in ways that draw more attention to the fact that these things are taking place.

It was affirming to me to know that the majority of Canadians who read the bill for what it was knew full well that it would have provided judges with new aggravating factors that are not consistently enforced at this time. In other words, these were Canadians who understood exactly what the purpose and intent was and that it was a very straightforward bill. At this time, a judge can choose to consider the fact that a woman was pregnant and that a child was injured, but they are not required to. This is just another scenario where, as with this bill, we need to do everything we can to protect women in situations of intimate partner violence.

There is a common theme among these bills. Victims believe that the justice system is not there for them when they choose to report their abusers. It is very clear, with the number of catch-and-release bail circumstances we find in this country, that violent crimes are continuing to take place. We need more deterrence and more reasons for individuals to reconsider, or not commit the crime in the first place, as well as to ensure that they are not carrying on with crimes when they are released prior to facing their court cases or on bail.

Individuals who are victims of violence believe that the subsequent steps that are being taken by courts after they have come forward and taken the risk of being attacked or abused for presenting their case, leave them at risk. This bill, Bill S-205, would make a significant difference in that situation. It takes a proactive approach. In other words, we are not waiting for other horrific situations to take place; we are curtailing them. That is just common sense.

This is a common-sense bill. It is about putting the victim at the centre of the judicial process and giving them more power to participate right from the start. Therefore, when the individual is facing charges and is being released, even in that circumstance, the preference is being given to protecting the victim.

I believe that we need to do everything we can in the House to pass any bill that would protect women from violence. That is certainly the case with Bill S-205. I encourage the House to move quickly and efficiently on it. It enables us to reflect even more on the opportunities that we have in this place, which we sometimes do not take for political reasons. Members can believe me that those who face violent crime cannot understand why we do not take every opportunity we have to do more to protect victims and to ensure that they are cared for.

Alleged Obstruction of Member for South Surrey—White Rock

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Yes, Mr. Speaker, I am rising on a question of privilege concerning the offensive and unparliamentary gesture the Parliamentary Secretary to the government House leader, Senate, made toward me last evening during private members' hour. The facts are well known already. Put bluntly, he gave me the finger.

It is my belief that this constitutes a prima facie contempt and should be taken up by the House as such. Hansard shows the sequence of events and comments that led to the incident during the debate on Bill C-311, the violence against pregnant women act.

I argued that the government had lost credibility on the matter of women's rights, in part because it had failed to stand up for the victims of Paul Bernardo. As members know, this killer and serial rapist targeted female teenagers and traumatized our nation. In my speech, I referenced a unanimous consent motion that the member for Niagara Falls brought to the House. The motion reads as follows:

...that the House call for the immediate return of vile serial killer and rapist Paul Bernardo to a maximum security prison, that all court-ordered dangerous offenders and mass murderers be permanently assigned a maximum security classification, that the least-restrictive-environment standard be repealed and that the language of necessary restrictions that the previous Conservative government put in place be restored.

In my remarks, I stated that the member for Kingston and the Islands was a member who denied consent.

The House resumed from June 13 consideration of the motion that Bill C-311, An Act to amend the Criminal Code (violence against pregnant women), be read the second time and referred to a committee.

Violence Against Pregnant Women Act

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I am pleased to have laid my private member's bill, Bill C-311, before parliament, and I will now end this second hour of debate with my closing comments.

The violence against pregnant women act would amend the Criminal Code by adding two new aggravating circumstances to paragraph 718.2(a). In other words, when an individual is charged with causing injury or death to a pregnant woman and has gone through a trial in a court of law and been found guilty, the judge determining the sentence would have to consider evidence that the offender, in committing the offence, abused a person who the offender knew to be pregnant, and/or evidence that the offence caused physical or emotional harm to a pregnant victim.

First and foremost, I stand here tonight in response to the families of victims who have done, and continue to do, so much in the midst of their grief in calling for these aggravating factors to be entrenched in our Criminal Code on behalf of pregnant victims of crime. There is Jeff Durham, who lost Cassie and Molly, and Sherry and Chan Goberdhan, who lost Arianna and Asaara. They are the voices representing so many more who lived through their experience, their grief and their call for greater justice.

It is my privilege to stand here advocating on behalf of those who no longer breathe or have a voice, on behalf of their families who have lost loved ones as their lives were taken in targeted violent crimes, and on behalf of those who face violence daily while living in fear of injury because they have made the choice to carry their pregnancy to term.

This evening, I am incredibly grateful for the endorsement of cultural groups whose work involves a heavy focus on the prevention of violence, namely: the Vedic Hindu Cultural Society, the United Sikhs Canada, the Overseas Friends of India Canada, the Greater Vancouver Bangladesh Cultural Association, the Baitul Mukarram Islamic Society, the Pakistani Canadian Cultural Association and the Sikh Motorcycle Club of Ontario.

It has been an honour to spend time with each of these organizations and to receive their written support for the violence against pregnant women act. I thank them again.

I am thankful for the support of my Conservative colleagues from South Surrey—White Rock and Peterborough—Kawartha for contributing to the debate in this place, and I thank the member for Brantford—Brant, whose legal competence assured me that the claim that this bill could harm pregnant women was a fallacy.

A special thanks to the member for Calgary Nose Hill, whose Substack article on this very issue reached 57,000 positive reads overnight last night, as we weighed in together on this difficult issue. Those people are not the people the Liberals are claiming are putting this bill forward.

I have deep respect for my colleagues and our leader, who know that this clear, concise bill is about one thing: protecting vulnerable pregnant women from violent men. In my speech in the first hour of debate, I referenced the fact that 70% of Canadians and 73% of Canadian women want to see increased protection for pregnant women in our laws, and want to see a woman’s choice to carry her child to term have greater recognition and weight in our legal system. This is fact.

I extend my sincere thanks to the thousands of Canadians who have made their desires known through their letters, phone calls, opinion polls, Substack responses and very direct comments of disgust and disappointment on the Liberal social media campaign that misrepresents the intent of the violence against pregnant women act.

Since 2015, violent crime has increased by a third and gang killings have doubled across our nation. Intimate partner violence has steadily increased each year for the last seven years, and eight in 10 victims of that crime are women.

In the first hour of debate, I spoke of a call from a young woman who, while pregnant, feared for her life and the life of her child. With the challenges she is now facing, such as limited income when food prices are skyrocketing, an inability to work while wanting and needing to care for her newborn, waiting for a room in a shelter, finding a home she could afford, and having had her belongings, credit card and bank account stolen by her abusive and threatening husband, she is nothing short of a strong, determined and brave woman. This remarkable woman thanked me for bringing forward the violence against pregnant women act.

Colleagues, every measure we can implement to better care for pregnant women facing violence must be taken. The violence against pregnant women act is one of those measures. Everyone in this place, including lawyers, know this is true, and Canadians await our decision.

[Jenna Sudds, Liberal, Parliamentary Secretary to the Minister for Women and Gender Equality and Youth]

Mr. Speaker, I am thankful for the opportunity to speak today to Bill C-311. I trust all hon. colleagues in the House condemn acts of violence.

The member for Yorkton—Melville wants to amend the Criminal Code. She wants to mandate that knowingly assaulting a pregnant person or causing physical or emotional harm to a pregnant person would be considered an aggravating factor in sentencing. This is already true, as the member well knows. It has been said over and over again that judges already have the ability to apply harsher penalties when aggravating factors are present in a crime, crimes such as knowingly assaulting a pregnant woman.

The changes proposed in this bill are unnecessary, but of course the member knows that. She knows this bill's true intention takes no genuine action to end the ongoing crisis of gender-based violence. It is disappointing we are having this discussion today because this bill is not about preventing violence. This bill is about something much darker, which is the backdoor codifying of fetal rights, the first step of removing a woman's right to choose.

I want to make something very clear. Our government takes no joy in participating in this debate. It should not be grounds for political points or political gain. On this side of the House, we fundamentally believe in a woman's right to choose, and it is not up for debate.

Access to abortion is health care and it saves lives, plain and simple. It is the Conservatives who insist on bringing this up and who insist on reopening this debate. This is the third such bill that has been brought forward by the member for Yorkton—Melville, and it will be the third such bill to be defeated.

Whether it is about sex-selective abortions, the so-called preborn children act or this bill about violence against pregnant women, we know a backdoor argument when we see one. It is an undeniable fact that violence against pregnant women specifically increases the likelihood of poor health outcomes for parent and child. Perpetrators of this type of violence are most often men and intimate partners, but all types of intimate partner violence have an impact on the mental, physical and emotional health of the victim. Violence against pregnant women is no exception, and the problem is not unique to Canada.

When this bill was first introduced to the House, the member opposite said, “I want every member of my party to have the freedom to vote their conscience.” If this bill were truly about pregnant women and the protection of children, the member would have the votes she is already seeking, but it is not.

This debate is not about ending violence against women or children. Anti-choice groups are cheering this bill on because they believe it is the first step toward taking away a woman's right to an abortion. That will never happen under this government. We will fight this bill tooth and nail.

Addressing gender-based violence should not focus on pregnant women alone. It should focus on everyone at risk of experiencing this very serious form of violence. We need to focus on approaches that end gender-based violence in our society as a whole, not just in specific circumstances.

Bill C-311 will never achieve that. Because our society is constantly evolving, Canadians are coming to better understand the harmful social norms that contribute to gender-based violence. They also increasingly recognize our justice and social systems too often fail the survivors of gender-based violence. Canadians agree we need a country free of gender-based violence, and they understand we need a holistic approach to get there.

The national action plan to end gender-based violence, which was launched last year, is the strategic framework for action across jurisdictions. Our goal is to support the victims, the survivors and their families, no matter what. We are at the negotiating table with provinces and territories to implement the national action plan right now.

The national action plan is so important to this work because it builds on actions we have already taken to address gender-based violence. We have clarified the definition of consent. We have strengthened laws to address gender-based violence, including intimate partner violence. We have toughened bail eligibility for repeat offenders. We passed Keira's law, meaning judges must be educated on coercive control. We have given courts the authority to mandate that perpetrators of intimate partner violence must wear an electronic monitoring device. We have introduced five paid leave days for survivors of family violence, helping them access the supports that they need.

Acts of gender-based violence are despicable. I believe in earnest that every member in this place supports that notion, condemns gender-based violence and works every day to end it in this country. Fundamentally, gender-based violence violates our human rights. It takes a physical, psychological and financial toll on victims, survivors and their families.

However, the member knows well that bills like this are the entry point for the pro-life movement. They exploit one of the most painful parts of a woman's life. This legislation is a means to an end, which is to criminalize pregnant people experiencing miscarriages and eventually criminalizing abortions. If we follow this path to its natural conclusion, this bill would give more rights to a fetus than to the person carrying it.

Bill C-311 is not trying to end gender-based violence in our country. To do that, we need to continue working with provincial and territorial governments, indigenous partners, frontline organizations, civil society groups and all people living in Canada who want to find long-term solutions to this problem, which has plagued our country for far too long. We do not need distractions from that goal.

[Michelle Ferreri, Conservative, Peterborough—Kawartha, ON]

Mr. Speaker, it is always an honour and a great privilege to stand in the House of Commons on behalf of my community of Peterborough—Kawartha.

I would like to thank my colleague from Yorkton—Melville for putting forth Bill C-311, which I will be speaking to this evening.

Bill C-311, an act to amend the Criminal Code with respect to violence against pregnant women, is a simple and straightforward piece of legislation. If passed, it will create accountability for those who commit violence against pregnant women.

Here is the bill summary, which comes right out of the legislation itself:

This enactment amends the Criminal Code to specify that knowingly assaulting a pregnant woman and that causing physical or emotional harm to a pregnant woman are to be considered aggravating circumstances for sentencing purposes.

That is the entire bill summary. The bill is less than one page long.

Let me quote it:

Whereas Parliament wishes to denounce and deter violence against pregnant women by explicitly including pregnancy as an aggravating circumstance for the purpose of sentencing....

It does exactly one thing. It adds longer prison sentences where there is:

evidence that the offender, in committing the offence, abused a person whom the offender knew to be pregnant...evidence that the offence caused physical or emotional harm to [the] pregnant victim

Violence against women has been recognized as a global public health problem since 2010. Violence during pregnancy is of special concern due to the adverse effects on not only the mother but also the developing child. Violence during pregnancy has been associated with negative lifestyle behaviours, compromised prenatal care and poor maternal physical and mental health.

When a perpetrator has been identified and found guilty, the sentence must be required to match the crime. This is something all of us in the House of Commons can agree on. What we know and what my colleague has brought to light is that the Criminal Code sentencing provisions are insufficient. It is well established that the risk of violence against women increases when they are pregnant, yet consequences for their attackers do not.

According to Statistics Canada, intimate partner violence has steadily increased each year for the past seven years, and eight in 10 victims of crime are women. The Canadian Perinatal Surveillance System reported that women abused during pregnancy were four times as likely as other abused women to report having experienced very serious violence, and this is a little graphic for people watching at home, including being beaten, choked, threatened with a gun or knife, or sexually assaulted.

Furthermore, there are more than 80 cases in recent Canadian history of women who have been killed while pregnant. Each of these women was killed by a man who knew they were pregnant, yet sentencing judges are not mandated to take these actions into account under the current law.

Each and every one of us in the House, regardless of party lines, carries the responsibility to do everything we can to make public safety a priority, to ensure that everyone is safe, including our most vulnerable. In existing criminal law, if a pregnant woman is assaulted, depending on her injuries, the offender could face a maximum penalty of 14 years if they were charged with aggravated assault. With this new legislation, that person could be liable to a harsher sentence.

This is a bill designed to increase public safety. This is a bill designed to show Canadians that we care about public safety. Who can argue with that?

When one hears the facts, it seems like a no-brainer bill that would get the support of all members, but sadly that is not the case. So often, it takes a tragedy to change laws. As we have heard, there have been almost 100 tragedies of pregnant women being murdered, and the law still has not changed. Today, we have a chance to do that.

I spoke with Jeff Durham, who I know is watching right now. Jeff was the husband of Cassie and the father of Molly. Cassie and Molly were brutally murdered by someone known to them. Jeff has tried for years to get this law passed, and he expressed his deep frustration with me on the phone, in a very private conversation that he allowed me to share with the House, that he cannot believe how politics continue to hijack this bill.

This country is failing victims, survivors and their families. This country is soft on crime, and public safety is eroding rapidly. Canada's worst criminal in history has been moved to a medium-security prison. What message are we sending to Canadians?

There is no longer an incentive to be a good human, because there are no consequences. It is time we stood with survivors, victims and their families. It is time we showed our support with action.

This bill is concrete action. It puts in place a sentence that matches the horror of killing or assaulting a pregnant woman. We are Canadians. We should be protecting our most vulnerable, and that includes pregnant women. I ask every member in this house to stand up for victims, survivors and their families.

I ask every member in this House, every mother, to think about Jeff Durham when they cast their vote for this bill. I ask them to think about their sisters, their aunts, their daughters or their own mothers, and how they would feel if someone attacked them, or worse, if someone attacked them while they were pregnant. The time should match the crime, and attacking or murdering a pregnant women is among the most heinous of crimes. The mother is the most sacred of people in our society.

Let us do something to fix it. Let us send a message that it will not be tolerated. Let us remove the politics from this bill. Let us stand with public safety. Let us implement a law that says we will not tolerate this, and let us vote in favour of Bill C-311.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, it is 2023 and we are in the House again debating something that should not be up for debate: Bill C-311.

While the member for Yorkton—Melville claims that this bill is about protecting women from violence, no organizations that actually work to support and protect women from violence are endorsing this bill. Why is that? It is because the people who care about violence being perpetrated against women understand what is needed to protect and support women. Those are the things that my fellow New Democrats and I have been fighting for in this House for years and the very things that the member and the Conservative Party have refused to support.

They are things like implementing the calls for justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls. They are things like legislation that would limit assault-style weapons. They are things like a whole range of economic measures that would support women, including dental care, child care and pay equity. They are things like adequately and comprehensively supporting the full range of reproductive rights and health care in all regions of Canada, particularly in northern and remote regions.

They are things like listening to experts like Julia Anderson, the CEO of CanWaCH, who told the foreign affairs committee just weeks ago, “a 12% average decline in access to modern contraception would result in an additional 734,000 unintended pregnancies.” She also indicated, “A 23% shift from safe to unsafe abortions will lead to an additional 491,000 unsafe abortions.” Acting to provide more access to birth control, abortion and maternal health care would save lives.

They are things like ensuring that Canada adheres to the feminist international assistance program and lives up to the commitments it has made to support sexual and reproductive health rights for women and girls throughout the world by funding health care services like abortion. In fact, this bill, Bill C-311, would do nothing to protect women or to support them. It is nothing more than an attempt to undermine women's rights in Canada, including the right to a safe and accessible abortion. It would take away health care services from women, because abortion is health care. Taking away access to safe abortions does not stop abortions from happening. It stops safe abortions from happening and it costs women their lives.

The right to control our reproductive health is fundamental to our rights as women. This is not the first time the member for Yorkton—Melville has attempted to undermine the right to an abortion and other women's rights. However, I think this may be the first time that we have seen this kind of violence washing: using violence against women as an excuse and a disguise for chipping away at women's rights.

This bill pretends that judges do not already have the discretion to apply greater penalties for aggravating circumstances. This is completely false, and there is no valid justification for this legislation. Our legal system is already more than capable of ensuring that women are protected. Judges already have the ability to add additional punishment.

In fact, there is only one reason for this bill to exist. It is designed to create a legal recognition for the fetus. I will quote the member for Yorkton—Melville's own words: “Canada has no abortion law. The legal void is so extreme that we do not even recognize preborn children when they are victims of violent crimes.”

It is my sincere hope that when members table bills for consideration, they do so truthfully and honestly and they legitimately believe in what they say about their bills. This bill is a blatant attempt to mislead this House and Canadians. There is no need for this bill. There is no rationale for this bill. In fact, this bill is dangerous to women. It is dangerous to women in Canada and it is dangerous to women around the world. It is actually harmful, because we know that at least 40,000 women are dying annually around the world because of unsafe abortions. I want to say it one more time: When we criminalize abortion, we do not stop abortion and we do not stop women accessing abortion; we stop safe abortion and women die.

Limiting access to abortions and reproductive health care does not stop abortions. I cannot say that more clearly. Whenever a woman is denied the power to make her own decisions about whether and how often to become pregnant, her internationally recognized human rights are violated, and her health and life are at risk. The best way to protect women and girls is to provide health care, provide support and not limit women's access to those things.

I have said this in the House before: I have a daughter. I will fight to my dying breath to ensure that she can access every health care support that she wants in her lifetime and that she will always have the right to choose when she has children, if she has children and how she has children. I would be a horrible person if I could stand in this place and want that for my daughter, and not want that for every woman and girl in this world.

I will continue to stand and protect women's rights, and no matter how many times the member brings backdoor bills forward and tries to take away the rights of women, New Democrats will not support it.

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, today I rise to speak to Bill C-311, which was introduced by the Conservative member for Yorkton—Melville.

I am proud to stand with my NDP and Bloc colleagues and with Canadian women across our great country in opposition to this Conservative bill, Bill C-311. This is a thinly veiled attempt to reopen Canada's abortion debate. I want to be clear that the government firmly condemns all forms of violence against women, including against pregnant women, and strongly supports a woman's right to choose.

Throughout debate on the bill before us, we have heard Conservatives allege that this is not about abortion. I find this perplexing, because the sponsor herself has connected the dots. Therefore, members should not just take my word for it. We can review what the sponsor has said about her bill.

The member for Yorkton—Melville rose in the House to advocate for Bill C-311; in the same breath, she said, “Canada has no abortion law.” She called this a “legal void” and argued that “preborn children” should be considered victims. The sponsor also linked a so-called pro-life petition on her website in conjunction with the bill. We are listening to the Conservative members across the aisle, and we hear them loud and clear. This is about abortion. I will also remind colleagues that anti-abortion organizations have praised Bill C-311, claiming that this legislation “affirms the humanity of the unborn.”

We have seen what happened to abortion rights just south of our border. On this side of the House, we stand in solidarity with American women who have seen elements of their reproductive health care stripped away from them, as well as with those who are fighting to restore abortion rights. We will always protect Canadian women's reproductive freedom. We will not let them down.

I am speaking in this House tonight from a unique perspective, as a member of both the health committee and the status of women committee. This dual role allows me to witness first-hand the intersection of health care and women's rights. It underscores that access to safe and legal abortion services is a fundamental component of comprehensive health care. This is why the language and content of Bill C-311 raises concerns about potential implications. It is also very similar to previous private members' bills brought forth by the same member that unsuccessfully tried to introduce the concept of a “preborn child” into the Criminal Code.

The history of abortion rights and the ongoing battles to protect and maintain those rights demonstrate the need for vigilance. What we see today is one Conservative's step to chip away at the established legal protections. I am disappointed that I have not seen any Conservative caucus members speak out against the bill, but their silence speaks volumes.

This is about more than a change to the Criminal Code; this is about fundamental Canadian values. Let me reassure any Canadians who are listening that our government will never shy away from standing up for our beliefs. We believe in access to abortion. However, the bill before us would actually weaken existing protections for pregnant women under the law.

Our government takes gender-based violence very seriously; we cannot support legislation that threatens existing legal protections. It is also important to note that judges already have the ability to grant aggravating circumstances if a victim is pregnant. This means that pregnancy is a factor to be considered at sentencing by judges in cases of assault. The bill, as drafted, fails to achieve its stated purpose.

Women’s rights organizations have not shown any support for the bill, but it has received substantial support from anti-choice groups and individuals. I will highlight a few organizations that have spoken out against Bill C-311. The Abortion Rights Coalition of Canada has condemned this legislation. Abortion is Healthcare, a group from the sponsor’s home province of Saskatchewan, called out Bill C-311 for “slowly moving the fetus toward personhood.” I thank these organizations for their work in protecting reproductive rights.

In contrast to Bill C-311, the Government of Canada reaffirms its commitment to safeguarding access to abortion and essential health care. As a Conservative bill, Bill C-311 is not an isolated effort. It is the latest attempt to undermine and challenge the hard-fought reproductive rights that women in our country have secured.

Last week, I rose in the House to call on members to build a more gender-sensitive Parliament. Canadians are watching, and they want to see us having healthy debates. Many women had comments on the overall work we do here. Sandra commented that she would “like to see a solution focused culture rather than the abusive environment that is evident today.” On this side of the House, we want to advance women’s rights, and on the other side, they want to bring us back to square one.

On this side, we are the party of the Charter of Rights and Freedoms. It is our firm belief the charter protects the right to abortion. This charter right is not up for debate in our country, nor are any other charter rights.

Let us talk now about something else that is missing from this bill. That is the work that needs to be done to fight gender-based violence and keep women, girls and gender-diverse people safe.

In budget 2023, the Government of Canada once again affirmed its dedication to protecting and preserving access to abortion, allocating $36 million over the course of three years for the renewal of the sexual and reproductive health fund. This financial support will guarantee that marginalized and vulnerable communities can access essential sexual and reproductive health care information and services.

The 10-year national action plan aimed at ending gender-based violence is a crucial collaboration between our government and the provinces and territories. It includes a substantial half a billion dollars over five years to assist provinces and territories in its implementation.

We are moving full speed ahead to advance gender equality. Today, we must stand together in opposition to this bill. While strengthening sentencing for crimes against pregnant women may appear to be the intent here on paper, it can have far-reaching consequences for abortion rights. We must defend the reproductive rights of women and protect the principle that every woman has the right to make decisions, free from interference and judgment, about her own body.

We must not forget the struggles and sacrifices made by our mothers, our sisters and countless brave individuals who fought tirelessly until abortion was decriminalized in 1988. Even as we make progress, there are those who seek to turn back the clock and to chip away at the progress we have achieved.

I want to be very clear. Women's rights are non-negotiable, and abortion is health care. On this side of the House, we will not allow the hard-won victories of the past to be discarded. Canadian women deserve better than this. I will be voting against this bill, and I urge my colleagues to do the same.

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, today I rise to speak to Bill C-311, which was introduced by the Conservative member for Yorkton—Melville.

I am proud to stand with my NDP and Bloc colleagues and with Canadian women across our great country—

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, in the first hour of debate on Bill C-311, the violence against pregnant women act, there was a lot of push-back by the Liberals and the NDP on issues not in the bill. The lack of care and rigour in this debate should be distressing to Canadians who are paying attention at home.

It is abundantly clear that this legislation is about one thing, which is protecting vulnerable women through a Criminal Code amendment. It is very important that this debate centres on what is before us. We are looking to consistency in sentencing across the country as an objective so that pregnancy, as an aggravating factor, is no longer discretionary but mandatory to consider.

I will read the bill in its entirety into the record so there is clarity for all those following the debate.

Bill C-311, an act to amend the Criminal Code (violence against pregnant women), states, beginning with the preamble:

Whereas Parliament wishes to denounce and deter violence against pregnant women by explicitly including pregnancy as an aggravating circumstance for the purpose of sentencing;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

The short title states, “This Act may be cited as the Violence Against Pregnant Women Act.”

Under “Criminal Code” it states:

Paragraph 718.‍2(a) of the Criminal Code is amended by adding the following after subparagraph (ii.‍1):

(ii.‍2) evidence that the offender, in committing the offence, abused a person whom the offender knew to be pregnant,

(ii.‍3) evidence that the offence caused physical or emotional harm to a pregnant victim,

That is it. There is a preamble, a short title, and brief amendments to beef up sentencing if a violent crime is committed against a pregnant woman. This is common-sense legislation that protects women who choose to carry their baby to term.

Nowhere in this legislation is there any reference to the unborn or reproductive issues. Making this debate about something other than protecting women is unfair and uncaring. This is where the their fake feminism is exposed.

Just last week, it was reported that Paul Bernardo was transferred to a medium security prison. Conservatives brought forward a unanimous consent motion calling for an immediate return of this brutal serial rapist and killer to a maximum security prison. We were shouted down by the Liberal member for Kingston and the Islands, and that made the intentions of the Liberals clear. They have decided to defend one of the most disgusting men in Canadian history, rather than his female victims and their families. This is misogyny.

When the Liberals vote against Bill C-311, they will be voting against women and against choice. They will once again be protecting violent men, not vulnerable women. Conservatives are on the side of women and victims.