Mr. Chair, the government will not be supporting this amendment. This amendment would leave the defence of provocation intact and would therefore permit persons accused of murdering their spouses or other family members who provoke them through lawful words or actions to continue to raise the defence.
In some cases or in some types of circumstances, depending on the evidence, the defence could be successful. In many cases, even if the defence is ultimately unsuccessful litigating whether and how the defence applies in these cases, it is likely to be costly and time consuming for all parties.
The amendment therefore runs counter to the objectives of Bill S-7, which is to modify the law so that it clearly excludes provocation on the basis of law conduct.
Criticisms of the defence of provocation have been made in all jurisdictions with a legal tradition similar to Canada's that have the defence. In the past decade, such jurisdictions have either abolished or limited their provocation defences. Three Australian states and New Zealand have abolished the provocation defence entirely.
In 2014 the Australian state of New South Wales passed legislation similar to Bill S-7 that limits the provocation defence to conduct by the victim that amounts to a relatively serious criminal offence. Three Australian states and the United Kingdom have limited the provocation defence in other ways.
The reforms proposed in Bill S-7 would bring Canada's law of provocation into line with those of similar countries. We are therefore opposing the proposed amendment.