Bill S-205 (Historical)

An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)

This enactment amends the Criminal Code in respect of interim release and other orders related to intimate partner violence offences. The enactment also provides for recognizance orders to be made when there is a reasonable fear of domestic violence.

Protecting Victims Act

[Emma Harrison, Liberal, Peterborough, ON]

Mr. Speaker, I will be sharing my time with my colleague from South Shore—St. Margarets.

I am grateful to rise today on behalf of my constituents in the riding of Peterborough to speak to Bill C-16, the protecting victims act, and to contextualize the legislation within Canada's broader effort to confront and prevent gender-based violence.

Gender-based violence is a persistent and measurable reality affecting women, girls and gender-diverse people across this country. In 2024, 187 women and gender-diverse people were killed violently in Canada. That represents one woman every two days. Women are far more likely than men to experience severe forms of intimate partner violence, sexual violence and criminal harassment. More than one-quarter of all victims of violent crime in 2024 were victimized by an intimate partner.

These are not isolated incidents, and our justice system has struggled to effectively address these crimes, given the complex realities of gender-based violence and the patterns of behaviour that often define abuse. The rate of intimate partner violence, one of the most prevalent forms of gender-based violence experienced by women and girls, is more than three and a half times higher compared to men and boys. Indigenous women, women with disabilities and young women face even higher risks.

The Government of Canada has recognized that addressing gender-based violence requires a comprehensive and coordinated response. In 2017, the federal government released a federal gender-based violence strategy and has since invested over $800 million a year to coordinate federal actions under three pillars: preventing gender-based violence, supporting survivors and their families and promoting a responsive justice system.

Since 2022, the federal government has invested in a national action plan to end gender-based violence, a 10-year framework aiming to end gender-based violence in Canada by supporting victims and survivors of crime and their families and improving their experiences with the criminal justice system. Significant efforts have been undertaken in this area. For example, the federal victims strategy works to give victims a more effective voice in the criminal justice system and increase their access to justice. Through the victims fund, which is part of the federal victims strategy, resources are made available to the provinces and territories for the implementation of the Canadian Victims Bill of Rights, including for the development of public legal education and information material, and the provision of training on the legislation for criminal justice professionals.

Considerable efforts have also been made to strengthen the criminal justice system's response to gender-based violence. Canada's Criminal Code provides a broad-based response to all forms of violence, exploitation and abuse against all persons in Canada. Over the past years, legislative amendments in former Bill C-51 and Bill C-75 clarified and strengthened sexual assault laws and the criminal justice system's response to intimate partner violence, and former Bill C-233 imposed stricter conditions for those charged with an offence involving intimate partner violence. In addition, former Bill S-205, which came into force last April, created a new peace bond designed specifically to provide better protections for victims of intimate partner violence and their children, including by allowing conditions such as electronic monitoring to be imposed on the defendant. All of these efforts reflect an understanding that prevention, protection, accountability and survivor support must work together.

Today, Bill C-16 is a critical part of that continuum. It strengthens the criminal law in ways that respond directly to what survivors, advocates and frontline professionals have long told us about how gender-based violence actually occurs. Bill C-16 creates a new offence criminalizing a pattern of coercive or controlling conduct in intimate partner relationships. This addresses the reality that abuse takes place over time. It aligns the law with the lived reality of survivors and allows for earlier intervention, before coercive or controlling conduct turns into serious physical harm or death. It also supports more accurate police and prosecutorial responses by requiring a contextualized assessment of power and exploitation.

Bill C-16 also addresses the most extreme manifestation of gender-based violence: the killing of women because they are women. By explicitly naming and recognizing femicide in the Criminal Code, the bill acknowledges that women and girls are disproportionately killed in specific contexts, including intimate partner violence, sexual violence, exploitation and hate-motivated attacks. Naming femicide matters. It makes visible a reality that has too often been obscured and affirms that these killings are not random tragedies but systemic failures that demand accountability.

The bill would ensure that murders occurring in these circumstances are treated as first-degree murder. It would also require judges, when sentencing for manslaughter in the same context, to consider penalties equivalent to second-degree murder, including life imprisonment and parole ineligibility for 10 to 25 years.

Importantly, Bill C-16 also recognizes that gender-based violence increasingly occurs through technology. The rise of sexually explicit deepfakes, sextortion and online harassment has created new avenues for abuse, particularly targeting women and girls. These forms of violence can destroy reputations, livelihoods and mental health, and they often silence victims through shame and fear.

The bill would address these gaps by clarifying that non-consensual distribution of intimate images includes realistic deepfakes, as well as criminalizing threats to distribute such material and increasing penalties for those offences. These measures would complement existing Government of Canada initiatives aimed at addressing online harms and protecting digital safety, particularly for young people.

The bill would also modernize the offence of criminal harassment. Data shows that stalking and harassment are common before acts of serious violence, yet the current requirement to prove a victim's subjective fear has made early intervention difficult.

Further, Bill C-16 proposes reforms to the Canadian Victims Bill of Rights to better protect victims and expand access to testimonial aids for adult victims of intimate partner violence, sexual offences and criminal harassment, offences that disproportionately affect women and girls. These measures would improve justice system outcomes for victims by recognizing that court systems can be retraumatizing and that supporting meaningful participation is essential to justice. The bill would also build on recent reforms to peace bonds and firearms control, reflecting clear evidence that access to firearms significantly increases the risk of lethal intimate partner violence. By strengthening preventive tools and closing enforcement gaps, Bill C-16 would support the Government of Canada's broader commitment to keeping victims and communities safe.

Bill C-16 is a necessary step in Canada's ongoing commitment to confront gender-based violence with seriousness, clarity and resolve. It reflects the hard truth that violence is rarely a single act but often a pattern, that technology has created new tools for abuse, and that too many women and girls continue to lose their lives in preventable circumstances. By criminalizing coercive control, recognizing femicide, strengthening protections against online and intimate partner violence, and reducing barriers for victims and survivors of crime within the criminal justice system, the bill would align our laws with lived reality and evidence.

For these reasons, I urge all members to support Bill C-16. Addressing gender-based violence is not optional, protecting victims is non-negotiable and justice must be delivered before more lives are lost.

Public Safety and National Security

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, I thank the member for her hard work on FEWO. Certainly, she brings up a lot of good points about Bill S-205. I was proud to sponsor that on behalf of Senator Boisvenu, who has since retired but certainly made it his life's mission to protect women from violent offenders and abusers.

The member has pointed out a number of things that happened at status of women last year by Liberal and NDP members who looked to gut the bill. Really, the goal of that bill was to ensure that an abuser, an intimate partner, who is a life threat or a physical threat to a woman and her children, was held accountable. What ended up passing was one good step, but there were many provisions to be tough on those abusers, to keep them away from the people they violate and abuse, that were gutted by Liberal and NDP members. That is just another example of them going soft on the criminals at the cost of the victim's safety. We can go on all day, in fact, about what they have done.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I would like to thank my colleague for her speech. The Standing Committee on the Status of Women is currently studying this increase, this femicide epidemic. Yesterday, former senator Pierre-Hugues Boisvenu came to testify, and I would like to hear what my colleague has to say about Bill S-205.

My colleague spoke about violence against women, but we do not understand why, in Bill S-205, the maximum period of good behaviour was reduced from 2 years to 12 months, when, for some criminals, this is an extremely critical period of time. This is precisely the time when they harbour animosity towards their former spouse, and that can last more than 12 months. Reducing this maximum period from 2 years to 12 months is only one of the ill-advised measures adopted when we finally voted again on Bill S-205.

[The Deputy Speaker, Chris d'Entremont]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

October 10, 2024

Mr. Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 10th day of October, 2024, at 6:26 p.m.

Yours sincerely,

Secretary to the Governor General,

Ken MacKillop

The schedule indicates the bills assented to were Bill S‑205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders)—Chapter 22; Bill C‑291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material)—Chapter 23; and Bill C‑64, An Act respecting pharmacare—Chapter 24.

The motion to adjourn the House is now deemed to have been adopted. Accordingly, the House stands adjourned until tomorrow at 10 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 7:16 p.m.)

Corrections and Conditional Release Act

[Christine Normandin, Bloc, Saint-Jean, QC]

Madam Speaker, I am also pleased to rise to speak to Bill C-320, which was introduced by the member for Oshawa.

This bill is very much in line with other private members' bills that have been introduced by various members from various parties. These bills demonstrate that there is complete unanimity on this issue, unlike in many other areas. All parties agree when it comes to the issue of protecting victims and integrating them better into the justice system.

For example, I can talk about two other bills that were debated very recently in the House, including Bill C-332, which was introduced by the NDP member for Victoria and seeks to criminalize coercive control. That bill focuses more on partners or spouses in a family context. I would like to read the bill summary:

This enactment amends the Criminal Code to create an offence of engaging in controlling or coercive conduct that has a significant impact on the person towards whom the conduct is directed, including a fear of violence, a decline in their physical or mental health or a substantial adverse effect on their day-to-day activities.

This bill seeks to create a new offence for conduct that often occurs in a domestic context.

I was also pleased to rise to speak to Bill S-205, which was introduced by now former senator Pierre‑Hugues Boisvenu and has to do with intimate partners. Once again, by way of explanation, I want to read the bill summary as it appears in the bill. It states and I quote:

This enactment amends the Criminal Code in respect of interim release and other orders related to intimate partner violence offences. The enactment also provides for recognizance orders to be made when there is a reasonable fear of domestic violence.

This bill, which I spoke to in the fall, is rather large in scope when it comes to measures to protect victims of domestic violence.

The two bills I just talked about deal with keeping women safe and protecting female victims. We know that the number of femicides increased by roughly 7.5% between 2009 and 2019. My colleague from Shefford also mentioned this. There is a great deal of work to be done to protect women. That is also the purpose of Senator Boisvenu's bill. It talks about the use of electronic bracelets, but also about the obligation to give the victim a copy of the order regarding the accused and to ensure that the victim has been consulted about her safety and security needs when a bail decision is being made.

There was already a strong interest in ensuring that victims of domestic violence offences or sexual offences are given more information about, and also have a say in, an accused's release, should a peace bond be issued. The idea is to ensure that the victim is aware of the situation and that she can even be involved in the release process, in a way, by helping monitor the actions of an accused who is subject to certain conditions, such as maintaining distance. Unfortunately, law enforcement agencies do not always have enough eyes to ensure that release conditions are met. Perhaps this is one way to ensure better monitoring and enforcement of orders.

Bill C-320 has some minor nuances. In this case, we are talking about victims in general. It is not just about victims of sexual offences or victims of domestic violence, but would include the families of murder victims, for example. The definition of victim as set out in the Corrections and Conditional Release Act includes the direct victim, but it also stipulates that someone else can act on the victim's behalf. This could include the victim's spouse or the person who was their spouse at the time of the victim's death, someone who was cohabiting with the victim, a relative or a dependant. This means that the bill can apply to a broader definition of victim. What this bill does is make it mandatory to give the victim more information on certain aspects.

We are not calling into question the very concept of parole, for example. That is something that the Bloc Québécois supports, because we believe in rehabilitation. The parole system may not be perfect, but we must still support it in the sense that, in some cases, rehabilitation takes precedence over a very strict desire to simply keep people incarcerated when it is not necessary or appropriate and when there is a real possibility of social reintegration.

Under the bill, the victim must be informed of the eligibility dates and review dates applicable to the offender in respect of temporary absences or parole, and they must be given an explanation of how those dates were determined. The victim must also be informed when the offender is released on escorted or unescorted temporary absence, on parole and on placement, meaning when the offender is sent to a halfway house. The victim must be informed of the date on which the offender will be released and how that date was determined. In short, explanations are given regarding the parole system, temporary absences and orders to place the offender in a halfway house.

Without completely reforming the issue of parole, this bill ensures that the person does not learn through the media that an individual convicted of a crime committed against her or a member of her family was released without her full knowledge of the process, the mechanics of that decision. This will ensure greater confidence. In fact, I dare to hope that the bill will help give victims more confidence in the federal prison system and further involve victims in the process. If this transparency can make victims more confident, that can have an untold impact on certain aspects of the judicial process.

I mentioned this during the study of Bill S-205. One of the common problems encountered in court when the time comes to lay criminal charges against someone, and particularly in the context of domestic violence, is that the victim is often not a party to the case, but simply a witness. This witness is important because, often, they are the only witness the Crown can use to put someone in jail and proceed with a hearing. If the victim does not have sufficient confidence in the justice system, she may decide not to testify, for fear of retribution. It is often for these reasons that domestic violence hearings go nowhere, for lack of a victim.

This is an opportunity to improve overall knowledge of the justice system, from one end of the legal process to the other, as was done with the other two bills, and this one. We can help people understand the system better, have more trust in it and participate more in the process to ensure that those who have committed wrongdoing end up serving the sentence handed down for their actions.

However, we also need to ensure that better psychological supports are available. As soon as the institution is required to properly inform victims about the parole process, for example, this can retraumatize many victims. We must therefore ensure that there are sufficient resources and supports in place for these victims if we want to get this right. We will have to make sure that there is a useful purpose, but also that we think more about the victims in the sense that this bill puts victims at the centre of the process. We must not do just one part of the job. We have to make sure that the work is done properly and that victims are fully supported. Ultimately, we have to be able to say that the victim has been put at the centre of our concerns and is part of the judicial process. She is not just an outside witness.

This bill has good intentions, and that is why I am convinced that the parties decided to unanimously support it at second reading and in committee, and that they will support it now at third reading.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I would like to speak to Bill C‑320, which amends the Criminal Code with respect to disclosure of information to victims. The Bloc Québécois supports this bill.

As vice-chair of the Standing Committee on the Status of Women since 2020, I have contributed to numerous studies aimed at addressing violence against women. The figures are very alarming. Many cities in Quebec and Canada have gone so far as to describe the situation as an epidemic. We need to come up with concrete solutions for victims, to prevent the violence from creating more victims. In a recent article, I promised to make this a priority in my status of women file.

Today, I will explain the Bloc's position in greater detail. Then, I will elaborate a bit on the benefits of this bill. In closing, I will reiterate the importance of making this a non-partisan issue.

First, the Bloc Québécois's position is consistent with its commitment to support initiatives that keep women safe and that address violence against women. We believe that victims have everything to gain from getting as much information as possible about their assailant and the situation surrounding the assailant's potential release. This position is in keeping with the Bloc Québécois's support for Bill C‑233. As a small reminder, that bill amended the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device. The Bloc Québécois will always stand up to protect victims of crime and strengthen the relationship of trust between the public and our institutions.

Secondly, the bill before us now seeks to amend the Criminal Code to enable victims of a criminal offence to get an explanation about how certain decisions were made about their assailant. This includes the eligibility dates and review dates applicable to the offender in respect of temporary absences, work release, parole or statutory release. Adding a mechanism that would give victims access to additional information about their assailant's situation and decisions being made about that person is certain to strengthen the justice system.

Over the past few years, Quebec has positioned itself as a world leader in enhancing victim protection and strengthening victims' trust in the justice system. For example, the Government of Quebec has launched a pilot project in a number of courthouses to create courts specializing in sexual assault cases in certain courthouses; one of them is near me, in Granby. There is also the electronic monitoring device pilot project, which was successful and has been deployed across the province. These advancements meet the objective of recognizing how vulnerable victims of an offence are and putting all the tools at their disposal so they can be safe. This way, the justice system can evolve and adapt to better serve the needs of victims of crime. In an effort to be consistent, the Bloc Québécois will support Bill C‑320.

If they pass, these legislative changes will represent an added value for the victims, including female victims of domestic or sexual violence, for example. The justice system has to be more effective in general and more transparent, not least to facilitate the legal process and ease the long-term effects on victims or their family, especially when a decision is made about releasing the assailant. It also strengthens public trust in the justice system so that no other victim of a crime will hesitate to report it to the police.

Statistics show that there has been a spike in femicide and domestic violence. Between 2009 and 2019, there was an increase of 7.5%. As parliamentarians, we have a responsibility to help reverse this troubling trend. The year 2024 is not off to a good start, since the first femicide in Quebec took place at the beginning of January in Granby, in my riding. Once again, my thoughts and sympathies go out to the victim's loved ones.

The reality on the ground highlights the gaps, including the status quo in the justice system: Many victims continue to fear their assailant, even while that person is in custody. We can only applaud an initiative that seeks to improve the victim's experience of the justice system throughout the process, starting from the moment she decides to file a complaint. We need to rebuild their trust. Actually, “Rebâtir la confiance”, or rebuilding trust, is the title of an important non-partisan report that was produced by elected officials in Quebec City on the issue of violence against women, highlighting victims' lack of trust in the system.

Thirdly, I would like to emphasize this non-partisan aspect that allows us to move this file forward. I know that the Conservative members will support this bill. We need to rebuild victims' trust in the justice system, which these same victims describe sometimes as lax. This bill seeks to better equip victims and their families so that they can obtain accurate and concurrent information on the court's decisions on their attacker. Victims and their families say that they are sometimes surprised to learn that the attacker is entitled to early release, long before the end of the 25-year sentence, for example. This needs to be taken into account. The Liberal caucus will also be in favour of this bill because it will improve the level of transparency in the judicial process. The NDP caucus, too, will be in favour of this bill because it will improve the level of transparency in the judicial process.

We all agree on the need to find solutions to help victims regain this all-important trust and further encourage them to come forward.

I would like to briefly come back to a few other measures that were recently brought in that seek to meaningfully work on this issue of violence. We know that adding meaningful proposals and establishing a real continuum of services will help victims. No magic wand is going to fix all of this in one shot.

I want to come back to the matter of the special court for victims of sexual assault. This is a recommendation from the report entitled “Rebâtir la confiance”, that is currently being analyzed. The purpose of such a court would be to give victims a safe space where they can be heard by the justice system, a space where the workers at every level, including judges, are sensitive to the needs of victims. The first such court was set up in Valleyfield on March 5, 2022. It was a world first. Yes, Quebec became the first place in the world to set up a court specialized in domestic violence.

With regard to electronic monitoring devices, Quebec has once again been a leader in better protecting victims. Quebec became the first province in Canada to launch a two-pronged monitoring system for domestic violence suspects. However, threats still exist. From what I heard in committee, we need to be careful that these devices do not create a false sense of security and ensure that they are worn properly. We also need to consider the fact that connectivity may be a problem in some places, especially remote areas, which means that the devices may not work properly there. We need to address that.

I had argued from the outset that the government should follow suit and recognize Quebec's leadership on this issue. On May 20, 2022, Quebec was the first jurisdiction in the country to do this. It was ridiculous that only criminals sentenced to two years less a day should have to wear an electronic bracelet. The federal government should follow suit so that criminals with the toughest sentences could also find themselves subject to this measure under the Criminal Code.

We have seen study after study in committee, but concrete action is slow in coming. There was the committee study on intimate partner violence, which also demonstrated the need to broaden our perception of violence and include the notion of coercive control. Recently, there was the clause-by-clause study of Bill S‑205, which specifically aimed to broaden the scope of electronic bracelet use. There is also this question of trust in the system that was raised during the study on abuse in the world of sport. Victims questioned the complaints system and called for an independent public inquiry to restore their trust and encourage reporting. In fact, that was the top recommendation in the report by the Standing Committee on the Status of Women. The government must take action now.

In closing, I would say that it is important to send a strong message to the victims and to take additional measures. We have to set partisanship aside and ensure that we actually mean it when we call ourselves feminists, that we walk the talk. I have had enough of fake feminism. On the other side, they cannot claim to be feminists by boasting about getting tough on crime if they also infringe on women's right to control their own bodies.

We have to remain vigilant and not fall prey to demagoguery, disinformation, and dare I say even the erosion of law and order. That would be the logical conclusion.

It is going to take a lot more than common sense to find solutions. Let us all—elected members, justice officials and community stakeholders at every level—work toward a common objective: to save women's lives so that there is not one more victim.

Status of Women

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, I have the honour to present, in both official languages, the ninth report of the Standing Committee on the Status of Women, in relation to Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act (interim release and domestic violence recognizance orders). The committee has studied the bill and has decided to report the bill back to the House with amendments.

I would also like to say congratulations to Senator Boisvenu, who brought forward this bill and who has been a voice for so many victims across Canada. The 11 of us really appreciated working on such an important bill that had such personal intent.

Official Report

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I rise on a point of order.

On September 21, during the debate at second reading on Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act on interim release and domestic violence recognizance orders, I read a quote on the record from Martine Jeanson, founder of the Maison des guerrières. Unfortunately, I mistakenly attributed the quote to Sarah Niman, legal counsel and assistant manager of legal services for the Native Women's Association of Canada.

The quote from Sarah Niman should have read:

Bill S-205 seeks to provide violence victims something of a voice. This bill places the onus on the criminal justice system to check in with victims, consider their safety through the proceedings, and produce outcomes that consider their safety. Bill S-205 does not create a response specifically tailored to Indigenous women, but it does create a framework for them to be seen and heard in a system that otherwise does not.

I deeply apologize for this error. I want the record to reflect accurately what was said and by whom. Therefore, I believe if you seek it, you will find unanimous consent for the following motion:

That the Debates and any House multimedia recording of Thursday, September 21, 2023, be amended by deleting the words “Sarah Niman, from the Native Women's Association of Canada” and substituting the following: “Martine Jeanson, founder of the Maison des guerrières”.

Foreign Affairs and International Development

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, I rise on a point of order.

I made an error in my vote on Bill S-205. I wish to vote yea. I ask for unanimous consent from this House to have that changed.

Message from the Senate

[The Speaker, Anthony Rota]

I have the honour to inform the House that messages have been received from the Senate informing the House that the Senate has passed the following bills to which the concurrence of the House is desired: Bill S-205, an act to amend the Criminal Code and to make consequential amendments to another act (interim release and domestic violence recognizance orders); Bill S-210, an act to restrict young persons’ online access to sexually explicit material; and Bill S-246, an act respecting Lebanese heritage month.