It would remove three of the circumstances: exploitation, sexual violence and misogyny. Those are in proposed paragraph 231(5.1)(b), proposed paragraph 231(5.1)(c) and proposed paragraph 231(5.1)(d). It would fundamentally change proposed paragraph 231(5.1)(a) to apply only when the victim is a woman and is the accused's intimate partner. It would remove the concept of coercive control entirely and wouldn't protect victims of other genders who may also be subjected to coercive control.
The bigger concern is that the overall objective of this amendment would be to remove key provisions. The sexual violence provision is the one that would apply any time a murder occurs where there is an offence of a sexual nature, or an offence committed for a sexual purpose also occurring at the same time. The concern is that this would target cases we know have occurred, like the Pickton case, for example, which involved somebody who murdered many women in the course of purchasing sexual services from them. That provision would capture this type of scenario. It's for all kinds of murders that take place in the context of sexual violence. It's quite broad.
The characterization of “offence of a sexual nature” is any offence that involves an act that is objectively sexual in nature. An offence that is committed “for a sexual purpose” is one committed with the intent to facilitate an act of a sexual nature. Removing that, I think, would defeat the purpose of identifying that aspect of femicide.
Of course, removing the hate-motivated aspect means this provision would no longer cover cases like the tragedy at Polytechnique or the incel cases we've had, etc. Removing the exploitation one means it wouldn't cover situations where labour or services are exploited and where a murder occurs in that context.
I'd also say that this provision would provide an effective definition of “femicide”. It says that any time a female is killed in any one of these circumstances, it is femicide. There is a definition built in to this provision.
I hope that helps. Thank you very much.