The second part of Bill S‑205 pertains to the recognizance orders to keep the peace and be of good behaviour provided in section 810 of the Criminal Code, which means approximately 80% of domestic violence cases. Take note of that number: 80% of domestic violence cases end up with a recognizance order under section 810, that is to say without a trial or a charge. This section provides a general preventive justice regime, without any offence having been committed, but it establishes a source of criminal responsibility.
In November 2020, a report on section 810 was presented by the Université de Montréal and the Université du Québec à Montréal, in partnership with the Regroupement des maisons pour femmes victimes de violence conjugale. The report shows that this section is being used increasingly in domestic violence cases, even though it has been altered very little since its 1892 version. The report also notes a troubling finding, which is that section 810 is now most often used to avoid a trial, even though perpetrators subject to an order under this section fail to comply with the conditions in 50% of cases.
Bill S‑205 amends section 810 of the Criminal Code by adding to the current general order another that is specifically related to domestic violence. Electronic monitoring can establish a safety perimeter between the victim and the potential perpetrator. This means that police can intervene more quickly. It can also protect children, and the woman herself. Political action in Spain to combat domestic violence began in 1997. That country adopted electronic bracelets in 2009. Since then, some 950 women have been protected thanks to the bracelet, and no women were murdered when the bracelet was worn.
According to the new order, if a person has previously been convicted of a similar offence, the order would be for three years rather than two years. If the person refuses to comply with the conditions of the order, the prison term would be two years rather than the current one year.
The new proposed order would allow a justice to impose substance abuse or family violence therapy, which is something new in the Criminal Code. Every case is different and we have to allow justices the discretion they need to decide whether the accused should undergo therapy to help deal with their problem of violence and also put an end to the revolving doors in our courthouses.
I'd like to conclude with two comments. The first is from Justice Laskin, from the Budreo decision:The criminal justice system has two broad objectives: punish wrongdoers and prevent future harm. A law aimed at the prevention of crime is just as valid an exercise of the federal criminal law power under s. 91(27) of the Constitution Act, 1867 as a law aimed at punishing crime.
My final comment is a reminder that in only a few weeks, it will be the unfortunate anniversary of the event that occurred on December 6, the most deadly ever for women in Canada. I am hoping for one thing only: that we give them this bill as a sign of our support for December 6.
Thank you. I would be happy now to field any questions you may have.