Thank you, Madam Chair.
Thank you to all of our witnesses.
I'm a lawyer and my wife is also a lawyer.
My wife runs four legal clinics, so I hope that is helpful to the witnesses. She deals largely with women and with people who don't qualify for legal aid.
I am also the author of this bill and a former Crown prosecutor. I taught sentencing class and advanced criminal law. These are areas in which I would like to think that I have a bit of experience.
I want to couch my comments by saying that I'm not attempting to be adversarial, but I would like to make this bill better. I want to point out one thing that I don't think I would like to engage in dialogue on. The notion of further criminalizing people is not the intent of the bill. I understand that nobody is saying that. The issue is that it would be a by-product of the bill.
This bill, believe it or not, is not about criminalizing. It is taking existing conduct that would otherwise be criminal and is addressing it either by renaming the offence or by altering the sentencing. In having an offence of assault of an intimate partner, we are not saying that we want more victims to become the accused. The reality is that, if somebody is guilty of assault of an intimate partner, they are also guilty of the offence of assault under the Criminal Code. I would hate to see a victim convicted of assault in those circumstances.
Similarly, if somebody is guilty of murder—and we say that it would be first-degree murder—that victim, today, would be guilty of at least second-degree murder. There is nothing in this bill that changes whether somebody is guilty of murder. It's an issue of sentencing and an issue of whether it would be first-degree or second-degree murder.
I don't want to see a victim be found guilty of second-degree murder. I'm talking about, for instance, the Lavallee decision, which I'm sure you're all familiar with, and the cases that have come after it. That's the last thing I would want. I don't think any victim should be guilty of murder. When I drafted this bill, I did so quite carefully in that regard.
I think we have to deal with the systemic issue. If the issue is one of criminalization of people who shouldn't be criminalized, then we need to deal with that, clearly. You are telling us that is an issue. Similarly, we don't want to see other people who are not guilty of these sorts of offences be found guilty. This is a huge issue.
I came from a jurisdiction where charge approval was not in the hands of police; it was in the prosecutorial hands, which is something I advocate for because I'm against mandatory charging for the issues you have laid out.
I know I just gave a very long preamble, but this is really on my heart. I don't want to see any more victims. This bill doesn't try to make any more victims. As I understand it, the issue on which you're dialoguing, which I welcome, is one of making sure that there aren't any more victims. I'm all for that. I just want to address the problem of intimate partner violence.
I invite your comments. Thank you.