Justice Committee on Feb. 2nd, 2021

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Thank you, Madam Chair.

Good morning.

Thank you to the witnesses for being here.

I was fortunate enough to be on the board of directors of Escale de l'Estrie, a shelter in Sherbrooke that does amazing work to support women who are victims of domestic violence.

One thing is becoming clear: the ubiquitous nature of social media and instant communication technology has made it increasingly difficult for victims to find a safe space, away from the influence and control of their partners. Even if the partner is not physically present, he can always reach out to the victim.

Should the bill cover cyber-violence? I'm referring to direct cyber-violence—using technology to monitor, control or harass someone in their private life—and indirect cyber-violence, posting content about a partner online.

[The Chair, Liberal, Iqra Khalid]

Who is that question for, Madam Brière?

[Élisabeth Brière, Liberal, Sherbrooke, QC]

I will let them choose who is the best one to answer that.

[The Chair, Liberal, Iqra Khalid]

Ms. Bouchard.

[Stéphanie Bouchard]

Thank you for your question, but Ms. Levman is the expert on everything having to do with the Criminal Code. I will say, however, that the pandemic has certainly brought to light many of the violence-related challenges victims face because of the lockdown.

We work closely with the Federal Provincial Territorial Working Group on Victims of Crime and all the directors of victim services around the country. Provinces and territories are making considerable efforts to overcome some of the pre-existing challenges that have been exacerbated by the pandemic. They have set up text-based services so victims can reach out for help in the middle of the night while the abuser in the home is sleeping.

Of course, more can always be done, but the stakeholders certainly have an awareness and a broader understanding of the unique circumstances the situation has created. A lot of people are working hard to find practical and effective ways of helping victims during the pandemic.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Thank you.

Madam Chair, would it be possible to have a written answer to that question, please?

[The Chair, Liberal, Iqra Khalid]

Absolutely.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Thank you.

As you mentioned, Ms. Farid, the lockdown and special emergency measures introduced to combat COVID-19 have exacerbated not just the gender gap, but also pre-existing abusive situations. Women who are victims of abuse now have a harder time leaving their spouses. What's more, the special emergency measures have increased the risk of violence by aggravating related factors such as drug and alcohol use, financial insecurity, mental health problems and weak personal support systems.

Do you think the bill drives home the message that violence will not be tolerated?

[Claire Farid]

Thank you.

I can't comment on that aspect of the bill. I will say, though, that the pandemic has certainly exacerbated the problems victims of domestic violence face, as you mentioned.

Family justice services have been available throughout the pandemic in various formats. A number of support services are being offered virtually. As I explained, the amendments to the Divorce Act will come into effect on March 1. That is another thing that should make a difference.

[The Chair, Liberal, Iqra Khalid]

You have 20 seconds remaining, Ms. Brière.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

I see.

It's okay. I'm good.

[The Chair, Liberal, Iqra Khalid]

Thank you.

We now go to Mr. Fortin for six minutes.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, Madam Chair.

I would like to thank the witnesses who are with us today. Domestic violence is an important issue, and any and all related factors are concerning, so I'm glad you're all here this morning.

I've looked at the overall situation, and the biggest question I have is this. How will the line between offences be drawn when it comes to domestic violence versus harassment versus coercive conduct? I realize Bill C-247 provides a definition. By the way, this morning, we are considering Mr. Garrison's motion, not the bill, but I appreciate that there is a connection and something of a definition.

Ideally, I would like to hear from all three of you, but since Ms. Farid is general counsel, perhaps she can answer. Nevertheless, you are all senior counsel, so I don't mind if one of you is especially keen to answer the question. What I'd really like to know is how the courts will distinguish between those three situations.

Ms. Farid, perhaps you can go first.

[Claire Farid]

I am here mainly to talk about the Divorce Act, but my colleague Ms. Levman—

[The Chair, Liberal, Iqra Khalid]

I'm sorry, Ms. Farid. Could you hold your mike closer to your mouth, please?

[Claire Farid]

I am here to talk—

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

I have a point of order, Madam Chair.

[The Chair, Liberal, Iqra Khalid]

Go ahead, Madam Findlay.

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

It's a technical issue. Whenever Ms. Farid is talking, her voice is coming out way louder than the interpreter's, and it's very hard for me to hear, whereas when Monsieur Fortin was speaking, it was fine. I don't know what the issue is there. It's very hard to hear the translation.

[The Chair, Liberal, Iqra Khalid]

Thank you for pointing that out, Madam Findlay.

Ms. Farid, maybe we can try it with you holding the microphone closer to your mouth and speaking a bit more slowly. We'll see where that gets us.

[Claire Farid]

All right.

Unfortunately, I am not here to discuss the Criminal Code or the offences. I am here to discuss family law, so I'm not in a position to provide the information you are looking for.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Perhaps Ms. Levman can answer.

[The Chair, Liberal, Iqra Khalid]

I'm not sure if Ms. Levman has made it to the call yet.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Ms. Levman, would you care to answer?

[The Chair, Liberal, Iqra Khalid]

She's—