Madam Chair, the more I listen, the more frustrating this whole process is, and I'll tell you why.
G-2 is not an amendment to this bill. G-2 is an entirely new bill.
Backing up a bit, in April 2021, this committee agreed that the government should act on controlling and coercive behaviour, including in the Criminal Code. MP Collins, an NDP member, and Mr. Garrison brought forward Bill C-332. We have had three days of witness testimony on Bill C-332. Members of this committee took hours of time to develop amendments to Bill C-332, including us. We have an amendment to increase from two years to five years the time period whereby someone could reflect upon a relationship and achieve a conviction under this legislation. That was based on testimony we heard on Bill C-332.
We have not heard one moment of testimony on G-2. We haven't had the ability to have a witness appear and say, “I agree with clauses 1, 2, 3 and 4; I don't agree with clause 5.” G-2 has never been put to them.
When you look at Bill C-332 and G-2, the amendment is longer than the bill itself. The bill is fewer than three pages and the amendment is three full pages. Mr. Fortin is, rightly, trying to reformulate amendments on the fly, as all of us are, based on what is before us. That's not the way we're supposed to proceed. We have one amendment that wipes out all of our other amendments and wipes out all the consideration we heard on this bill.
For my part, I will be voting against G-2. I'm going to vote in favour of Mr. Fortin's amendment once we figure out that it should only apply to non-criminal actions. It's taking us forever to get there because of how this whole process is unfolding. I think that if the government wanted to bring in their own bill, they should have brought it in. Then we could have heard expert witnesses on that bill instead of bringing in their bill through an amendment to a private member's bill that we've spent all this time considering.
For example, with amendment G-2, based on the testimony I'm hearing from our witnesses—and this is not a reflection at all on our witnesses; they're here to present what the government amendment is and are doing a fantastic job of it—a pattern of behaviour or conduct can be two times. Based on the testimony we've heard, a number of items in this are non-criminal in nature. My interpretation of this is that if someone in a relationship does something twice that is non-criminal, if proof of fear is not required and if that person is the vulnerable individual in a relationship, then we can have criminal action.
It's so easy to contemplate scenarios under here where the threat of criminal action or a criminal charge could be brought. I think Ms. Gladu mentioned one. I see this all the time in relationships. One person says, “I'm not taking my medicine,” and the other says, “The doctor prescribed you this heart medicine; we're not leaving the house until you take your medicine.” The first person says, “Well, I'm tired of this. I'm tired of the way this has been going. I'm not taking my heart medicine.” The other person says, “Well, we're not going anywhere until you take your pills.” If you think that doesn't happen a million times over in Canada, it does. The evidence we have here might be that this wouldn't be captured, but that's exactly what Mr. Fortin's amendment is trying to do: to say that's reasonable.
We understand what we're trying to get to. We're trying to get to the person who says, “I won't give you your medicine unless you do something.” That's coercive. That's threatening. We heard testimony today that proof of fear is not required.
That same person could then say, “You know what? If you keep pushing me to take my heart medicine, I'm going to end it all. I'm going to jump in front of a bus. I'm going to threaten suicide.” That's prescribed in here too. Is that a criminal act? Who's the vulnerable person? Is it the one who needs his heart medicine and is threatening suicide? Are they both vulnerable?
I raise that as just one real-life scenario that we were unable to hear any expert testimony on. There was a tremendous number of really great witnesses who came forward on Bill C-332, but they didn't come forward on G-2. Normally, at this committee, amendments are very direct and focused, but this is a complete rewrite.
I'll be opposing G-2 in favour of the language that was less prescriptive. We heard testimony about whether to be more prescriptive and use examples or to be less prescriptive. We have language in here and have a bill that are the result of a study that this committee did and unanimously passed in 2021.
I applaud any effort to improve the bill, but to ask us right now, on the fly, to come up with amendments to a totally rewritten bill that we've heard no testimony on...I reject it. Our committee should not proceed in this fashion.
It's for those reasons that I will be opposing G-2 in favour of the current reading of Bill C-332. That will further enable us to have some of the amendments that are focused on Bill C-332 considered. According to what you've said, Madam Chair, if G-2 passes, then most of our BQ, Liberal and Conservative amendments go out the window.
At this point in the meeting, I thought we'd be done. I really did. Based on this bill and the support for Bill C-332, I thought we'd be done, but in order to do our job, we need to keep going the way we're going and parse out each one of these elements.
I'm going to be voting against G-2. I would urge my colleagues around the table to do that so we can get on with our consideration of Bill C-332.
If the government wants to bring in a new bill on coercive and controlling behaviour later, it is welcome to do that. It's had three years to do that. At this moment in this committee, when we have less than an hour left, this isn't the time for us to draft a bill, which is what we're doing right now. We're drafting a bill out of thin air.