Thank you, Mr. Chair.
I'll try to do this quickly, despite the rather broad scope of this amendment to the Canada Labour Code. The first point pertains to the part entitled “Family Responsibility Leave”, the second point concerns the part entitled “Leave for Victims of Family Violence”, and the third point relates to the part entitled “Leave for Traditional Aboriginal Practices”.
In the case of the family responsibility leave, the bill sets out three unpaid days. The first point of my amendment would change the leave to five paid days. With respect to the leave for victims of family violence, the bill provides for 10 unpaid days, but the second point of my amendment would change that to 10 paid days. That is entirely consistent with the recommendations of numerous witnesses. In fact, most of the witnesses we heard from on the matter told us that 10 unpaid days of leave was inadequate for victims of family violence.
There is no way that a man or woman experiencing family violence will be able to afford to leave their home and flee the domestic violence, possibly going to a shelter, if those 10 days of leave are not paid. The witnesses were pretty clear about that. Victims would be more likely to stay and put up with the violence than to use this unpaid leave of absence. They will not leave the place they call home if it means not being paid for 10 days. We are talking about people who are often in financial hardship, so it is absolutely outlandish to think that they would be willing to flee their violent situations on the premise that everything will be fine all because they have 10 days of unpaid leave. The witnesses made no bones about the fact that the measure was inadequate. My amendment, therefore, would ensure that those 10 days of leave were paid.
Multiple witnesses raised another issue I'm sure everyone at the table recalls. I'm referring to the exception set out in subclause 206.7(3) of the bill. I completely understand the intent behind the provision—to prevent the perpetrators of violence in the family from having access to the leave. We heard, however, that, in a number of provinces, police often apply the double-charge principle. That means that an officer responding to a domestic violence situation can charge both parties, since the officer does not necessarily know all the facts when arriving on the scene and, so, takes both individuals to the police station. Once they have been questioned and the investigation has been completed, one individual clearly emerges as the source of the problem and the person who has violated the Criminal Code. Only that individual, therefore, will be charged with the facts uncovered by the investigator.
In cases where both parties are charged, victims would not be able to access the leave for victims of family violence. As I see it, the exception is too broad in scope. While I understand its purpose, it could cause collateral damage, which would prevent some individuals from using the leave. It goes without saying, then, that the exception should be removed so as not to achieve the exact opposite of what is intended. Witnesses who work in the area are the ones who flagged the problem of double charging in Canada; it was not me. They are aware of the problem and are very concerned that the exception would prevent some people from accessing the leave.
As for the leave for traditional aboriginal practices, my amendment would ensure the leave was paid, the idea being the same as with the other types of leave.
The last point in amendment NDP-4 would give the Governor in Council regulatory authority to consult with aboriginal governments and organizations before adding traditional aboriginal practices to the list of activities set out in subclause 206.8(1), in other words, hunting, fishing, harvesting, and any practice prescribed by regulation. The purpose of the amendment is to explicitly state that the addition of any traditional aboriginal practices by regulation to the list requires the consultation of aboriginal governments and organizations. With all due respect, a department official should not be the one deciding whether an activity constitutes a traditional aboriginal practice and whether it should be added to the list by regulation. Aboriginal stakeholders would have to be consulted to ensure the proper recognition and respect of the rights of aboriginal people.
Those are the amendments I am proposing. I hope they will spark a fruitful debate in which all members are able to have their say and that the majority of members will support the amendments.