Thank you so much.
Good afternoon. My name is Andrea Silverstone. I am the CEO of Sagesse Domestic Violence Prevention Society, an agency that works to disrupt the structures of abuse with individuals, organizations and communities across the provinces of Saskatchewan and Alberta.
Thank you very much for the opportunity to appear today before this committee to discuss Bill C-16. There are many aspects to the bill, all of which are important. However, today I'm specifically going to address coercive control in the context of criminal legislation.
My background with and understanding of this issue come from over 20 years as a social worker working with victims of coercive control and as a Ph.D. candidate studying the transcontextual experiences and impacts for victims.
Sagesse strongly supports Bill C-16's recognition of coercive or controlling conduct as a distinct harm within Canada's criminal justice framework and its inclusion in the femicide legislation.
Based on my Ph.D. research, I understand coercive control to be a pattern of behaviour that removes an individual's sense of personal agency, stopping them from making decisions in their own best interest. Coercive control is transcontextual. It appears in intimate partner relationships, sexual exploitation and trafficking, cult groups, gangs, elder abuse, radicalization and violent extremism, workplaces, and even via institutional misuse. Survivors often traverse multiple contexts across the lifespan, with harms that compound over time.
Criminal law must adapt to meet this reality. Traditional incident-based defences miss the pattern-and-impact dynamics that define coercive control. The criminalization of coercive control is more than just about lethality; it's a liberty crime. Comparative models in other jurisdictions criminalize patterns that cause a serious effect, such as substantial interference in day-to-day activities. Bill C-16 allows Canada to adapt these strengths from other jurisdictions while ensuring cultural safety and charter compliance.
However, in my opinion, there continue to be some challenges and limitations that I think need to be addressed.
First, the narrow relationship scope of this bill may lead to an undercapture of coercion in relationships of dependency and trust—for example, caregiving relationships or sexual exploitation.
Second, the proof burden risks reverting to incident counting unless pattern-and-impact elements and illustrative factors are explicit.
Lastly, it does not adequately address institutional misuse, especially in civil settings. By this I mean things such as procedural harassment and vexatious applications. These acts are persistent vectors of harm and coercive control that require legislative implementation guidance to both flag and manage the weaponization of systems and institutions by perpetrators.
I also want to briefly address concerns that have been raised around this legislation regarding equity impacts and overcriminalization. The best available evidence from jurisdictions with coercive control offences does not show widespread criminalization of minority victims. I address this in more detail in my submitted brief, referencing numerous studies, all of which clearly identify that perceived risk to equity and overcriminalization have not materialized.
I would also like to suggest the following recommendations to this legislation to ensure that it truly captures the experiences of victims.
First, please update the legislative wording to reference relationships of dependency and trust.
Second, codify that the offence includes patterns that cause either serious alarm or distress that substantially affects day-to-day activities.
Third, provide a list to guide the justice system to reduce overreliance on physical markers.
Fourth, include an interpretive note acknowledging that coercive control is transcontextual and may occur across the lifespan and in multiple domains. Coercive control clearly occurs in more than just IPV relationships.
Fifth, with regard to evidentiary guidance, encourage pattern chronologies, digital trails and collateral testimony, and explicitly allow expert evidence on the impact on the victim.
Lastly, provide safeguards against institutional misuse, requesting that federal-provincial policy flag procedural stalking and paper abuse.
Legislation is the starting point for change, but for it to be truly effective, federal investment is required. I believe there are three key investments that would support the success of this legislation. They are validated survivor impact measurement tools, which currently don't exist and would need to be developed; training for the justice system and service providers around coercive control; and investment in a national public education campaign and initiatives that engage community and informal supports in addressing coercive control.
I'd like to thank the government for tabling this important legislation, and I'd like to thank this committee for its time and consideration of care in ensuring that Canada is a country that protects victims of coercive control.