Evidence of meeting #12 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Symonds  Director, Engagement and Justice Initiatives, African Nova Scotian Justice Institute
Van Geyn  Litigation Director, Canadian Constitution Foundation
Flores Echaiz  Lawyer, Ligue des droits et libertés
Khelil  spokesperson, Ligue des droits et libertés
Lee  Lawyer, The Canadian Bar Association
Brown  Mayor, City of Brampton
Johnson  Deputy Chief of Police, Toronto Police Service
Beisel-Cobb  Accounts Receivable, Western Financial Group, As an Individual
Alexander  Founder, End Violence Everywhere
Broadfoot  As an Individual
Wamback  Co-Founder, Canadian Crime Victim Foundation

The Chair Liberal Marc Miller

I understand what you're suggesting, Ms. Alexander. I don't think it would be appropriate at this moment, but, certainly, you could submit it to the chair and to the committee.

5:45 p.m.

Founder, End Violence Everywhere

Cait Alexander

I was screaming for my life, for Michael to stop. We can play the video if you want: Put it on the big screen.

The Chair Liberal Marc Miller

Thank you.

Ms. Dhillon, go ahead for six minutes.

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Thank you, Mr. Chair.

I'd like to thank all of the witnesses for being here today and sharing the tragedies you've gone through and the loss of your children. It's something that needed to be heard. Thank you for your courage. It means a lot, I think, to all committee members across all parties. You are all right that it should not be partisan. None of this should be partisan. I thank all of the witnesses for repeating this here over and over again.

In 2022, I don't know if you know, I presented Bill C-233, also known as Keira's law. It had to do with intimate partner violence. In 2023, it received royal assent with unanimous consent from parties across the aisle. Everybody unanimously consented in Parliament. It became a law. This law amended the Criminal Code. For the first time ever, we even addressed coercive control, which is where a lot of this starts from. When we look at coercive control, most often it's a stepping stone. This was never ever considered as part of the argument.

In Keira's law, we also saw that judges—as you mentioned Mrs. Beisel-Cobb and Mrs. Alexander—need better training and judicial education. This was changed. You mentioned electronic monitoring as well. It requires justices to consider using electronic monitoring as a condition for release orders.

The bill was a result of the advocacy of Keira's mom. This too was very painful because of the testimony we heard at that time in 2022 and 2023.

We saw during COVID everything that was happening and how the intimate partner violence shot up. Could you please talk to us a little bit about coercive control?

Mrs. Beisel-Cobb, we'll start with you. We could focus on that and see how we can do better.

These are changes we all did together. We all made them together. I presented the bill, but I thank again all parties. It went to the Senate and it quickly passed and became part of section 515. There are other sections. Across all provinces as well, we saw that they noticed Keira's law and similar laws were enacted.

Mrs. Beisel-Cobb, we could start with you.

5:45 p.m.

Accounts Receivable, Western Financial Group, As an Individual

Jacqueline Beisel-Cobb

Could I just pass it to you first, Cait?

5:45 p.m.

Founder, End Violence Everywhere

Cait Alexander

Absolutely, thank you.

There was a bill tabled by Laurel Collins from the NDP, Bill C-332, which had unanimous House support. It ended up in the Senate at second reading.

I'd like that bill to be resurrected. It's thorough. We've added stakeholders to it. I think everyone in this room would do well to resurrect that bill because that would make coercive control a crime. Coercive control is always present in abusive situations. That would give the police the grounds...because the problem is right now you have to wait until someone's bleeding before you can press any charges. That coercive control bill would help save lives before the blood gets drawn.

We also need an amendment to the Jordan rule. I know it was done in good faith, but the road to hell is paved with good intentions. The Jordan rule needs a giant asterisk or a notwithstanding clause usage. We should not be timing out cases simply because we don't have the resources or it hasn't been funded properly. We should not be throwing them out. I think 30% of sexual assault cases get thrown out under the Jordan rule now. That's 30% more offenders who are just out on the street simply because we didn't get to go to court.

Section 278 of the Criminal Code is another one. In the current law, the defence counsel is able to subpoena all of the victim's hospital records, personal journals and anytime they've talked to anybody in law enforcement. They can subpoena the victim's entire life and weaponize it against them in the court—and they do that. Section 278 is something we need to look at.

Looking at bail, Jordan, Bill C-332 and section 278 would help at least give us a good place to start. We really ultimately need the court system to be trauma-informed and survivor-centred. Right now, it's the opposite.

I'll never move back to Canada, but it would be the most amazing thing for the country to all come together and say, we're going to do this, we get it. Canada is 20 years behind most developed nations.

I'd love it if you guys could just do it. We could all just get along, get this done and have a justice system that works so that we can have a safe country and have functioning citizens who contribute to the economy and have good lives.

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Thank you so much.

Mrs. Beisel-Cobb, would you like to add to that?

5:50 p.m.

Accounts Receivable, Western Financial Group, As an Individual

Jacqueline Beisel-Cobb

Yes, I was just going to say that Bill C-332 definitely needs to be tabled again, brought back and passed. There are no ifs, ands or buts about it. It needs to be passed.

If I could ask for anything, it would be that bill especially, and all the other ones that Cait mentioned. Bill C-332 would allow police officers and everyone to do their jobs more easily and effectively and to keep people safe.

The Chair Liberal Marc Miller

Thank you, Mrs. Beisel-Cobb.

Mr. Fortin, you have the floor for two and a half minutes.

Rhéal Fortin Bloc Rivière-du-Nord, QC

I spoke earlier, and I don’t intend to add anything. I thank all four of you for being with us today. I reiterate that your testimony is taken into consideration. I offer you my sincerest condolences for what you have experienced.

The Chair Liberal Marc Miller

Mr. Gill, you have five minutes.

5:50 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

Thank you, Chair.

I would like to thank each and every one of you for coming here as witnesses.

As Mr. Fortin said, we don't have questions for you. We were speechless hearing your stories. We heard you loud and clear. I am sorry that this government has failed all of you. Please accept my heartfelt condolences for your losses and the struggles you have seen in your lives.

Mrs. Beisel-Cobb, if you could talk directly to the lawmakers, what would you like to say to them?

5:50 p.m.

Accounts Receivable, Western Financial Group, As an Individual

Jacqueline Beisel-Cobb

I'd like to say we do talk about change. Again, I'm not sure why we're so fearful of making that change, but if it happened to your daughter, sister or niece, you wouldn't be so fearful and you would make that change. You'd make it now, not later.

5:50 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

I will tell you that in my capacity, I will leave no stone unturned to make these things happen. Like Andrew Lawton, I am also a first-timer here. We will do each and every thing in our capacity to bring those reforms that will protect victims. We have to put victims ahead of criminals.

What message would you like to send to Canadians and families about offenders breaching their conditions and being given more chances because of weak Liberal laws?

5:55 p.m.

Accounts Receivable, Western Financial Group, As an Individual

Jacqueline Beisel-Cobb

I'm so upset. I'm angry. It just doesn't make sense to me. I would say to the victims that I'm so sorry and I wish I could help.

I know the judges are overworked. I know the system is really busy, but again, it's more of a message to the criminals that they can just go ahead with a slap on the wrist and get away with it.

5:55 p.m.

Conservative

Amarjeet Gill Conservative Brampton West, ON

I cede my time to the member from York Centre now.

Roman Baber Conservative York Centre, ON

Thank you.

Jacqueline, I read your letter earlier today. I can't imagine...I'm so sorry for your loss.

The same goes for you, Brett.

I hate to be the bearer of bad news. I wish I wasn't going to say what I'm about to say to you. It's going to be a bit technical.

The police are asking us to clarify the burden of proof on these reverse onus offences. Bill C-14 doesn't do that. We're asking them to codify the removal of the ladder principle, which compels judges to release at the earliest opportunity on the least restrictive conditions.

I don't have confidence that this bill is going to end the revolving door that our sentencing and bail systems have become. The bill doesn't deal with young offenders. The bill doesn't deal with parole. It barely touches on sentencing reform.

Imagine right now, Cait, that this Bill C-14 they're bringing in passes and nothing changes. Now imagine that I invite you here a year or two years from now. What would you say to my Liberal colleagues across the aisle?

5:55 p.m.

Founder, End Violence Everywhere

Cait Alexander

It's already happened, right? This my third time at committee. It's the same deal.

And, no, Bill C-14 is not going to work.

5:55 p.m.

Conservative

Roman Baber Conservative York Centre, ON

Bill C-14 is not going to work. Bill C-14 does not go far enough.

I do not understand for the life of me why, listening to the type of testimony that we are listening to today.... We are watching some of my Liberal colleagues right now not be overly interested in what they are hearing. They have an opportunity. We will get this bill. We can amend it at committee.

I plead with you to please remember today's witnesses. This was the most powerful panel that we have had since the beginning of this bail and sentencing study. Let's remember Jacqueline. Let's remember Brett.

By the way, we have offences against court orders that are now being overlooked, that are subjected to a diversionary framework by virtue of Bill C-75. They're not being prosecuted. This bill does not deal with them.

Please ask my colleagues to deal with that.

Jacqueline, would you like to do that?

The Chair Liberal Marc Miller

There is, unfortunately, not time for a response, Mr. Baber.

5:55 p.m.

Conservative

Roman Baber Conservative York Centre, ON

Is there time for a 10-second response?

The Chair Liberal Marc Miller

We've gone way over, Mr. Baber. You went way over time.

Ms. Dhillon, I'll turn the floor over to you for five minutes.

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Thank you so much, Chair.

Mr. Broadfoot, I reiterate on my behalf and, I think, on behalf of everybody on this committee our sadness at the tragedy that your family has been subjected to. There are no words. I see you struggling. I thank you for coming and speaking about your daughter.

Can you share with the committee anything you think is important for us to understand about your family's experience in court throughout this whole process or just your experience in general? What more would you like to see us doing?

5:55 p.m.

As an Individual

Brett Broadfoot

In order to answer your question.... You're going to need a little more knowledge. You just asked me about in court. We didn't get that opportunity, right? Her abuser took my daughter's life before his court date, which was scheduled for July 31, 2024. When the police arrived on scene, he was still in action, and they had to take his life in order to try to save my daughter's.

We didn't get any court in that sense. My daughter and our family were left, from March 15 to July 31, waiting to see what would happen on July 31, but unfortunately, that didn't happen.

I'm sorry that I can't answer your question a little bit better, but I hope you understand.

6 p.m.

Liberal

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Thank you.

I think you helped everybody better understand this moment that all of you went through—not getting any answers either.

I spoke about Keira's law. It's a private member's bill that I presented, and it swiftly passed through Parliament, through the Senate, to become part of law. For the first time ever, we saw coercive control addressed. We saw the Judges Act amendments where judges were to be trained for intimate partner violence, sexual assault, etc. Anything to do with intimate partner violence, really, became—for the first time ever, I think—addressed in the Criminal Code.

We spoke about electronic monitoring. Ms. Beisel-Cobb, Ms. Alexander and, I think, everybody—all witnesses—spoke about the desire for electronic monitoring, which is available under the Criminal Code.

These are some of the things that we've changed and have tried to change. What more would you like to see added?