Madam Speaker, I am pleased to rise to give my unconditional support to Bill C-217, tabled by the hon. member for Saint-Hubert, whom I want to congratulate. This bill will amend the Criminal Code to provide increased protection to witnesses who were victims of sexual assault, or against whom violence was attempted or threatened.
These witnesses would therefore avoid being cross-examined by the accused, as is currently the case for persons under 14 years of age. This would eliminate a sometimes absurd situation which has gone on for too long.
Recently, an increasing number of people charged with assault have decided to undertake their own defence. Every time an accused decides to do without the services of a lawyer, his victims run the risk of being once again confronted with their aggressor, this time in public.
Moreover, the legal system is also affected by austerity measures. Among others things, eligibility criteria for legal aid are becoming more stringent. This means that an increasing number of people are not eligible for legal aid, since their income is deemed too high. Still, these people do not have enough money to afford a lawyer.
Undertaking one's own defence then becomes an alternative that many will choose, thus increasing the risk of a court confrontation between the aggressor and the victim. It is important to think about the plight of a victim having to testify in court before the person who assaulted her.
Our adversarial system is based primarily on the confrontation of two parties: the state on one side, represented by the crown attorney, and the accused on the other side, usually represented by a lawyer. The victim of a criminal act is not considered to be a third party in the case. However, he or she remains a key witness who can often provide invaluable evidence. Therefore, it is important to ensure his or her protection and to see that his or her testimony is made in the best possible conditions.
This is precisely what Bill C-217 seeks to ensure. It is not a magic formula that will turn the victim's testimony into a fun thing, but it is a simple way of making sure that he or she does not have to go through the absurd ordeal of facing the aggressor again and be forced to answer his questions.
A few years ago, the federal government amended section 486 of the Criminal Code in a fashion similar to the one proposed by the hon. member for Saint-Hubert in her bill, except that it legislated to prohibit the accused who has undertaken his own defence from cross-examining victims under the age of 14. This goes to show that the federal government is aware of the fact that, in some cases, to ensure the protection of the witness who is also a victim, the court may have to impose on the accused that the cross-examination at least be conducted by counsel.
Age is not the only factor that makes a victim vulnerable. In rape or verbal, physical and psychological abuse cases, the victim often ends up in a cruelly and painfully fragile emotional and psychological state. Having to take the stand is already hard enough, and answering questions from their aggressors represents quite an ordeal for victims who often are still in a state of shock.
Beyond the legal aspect, there is also a whole human aspect, which cannot be ignored. Our system certainly recognizes the rights of the accused. The accused has every right to conduct his case without counsel. But many experts maintain that it is suicide to go it alone, the rules and proceedings being far too complex to be readily assimilated by lay persons and used in a trial.
However, for various reasons, some individuals accused of violent and sexual crimes choose to conduct their own defence. The risk remains then that the accused could misuse this right to once again confront and traumatize his victim by asking abusive questions, making the victim relive every instant of this painful experience.
Recently, two cases have clearly illustrated the absurd nature of the situation that prevails at this time. We need only to think of the notorious Agostino Ferreira, who was allowed to cross-examine, for several hours, the two employees from a boutique on rue Saint-Denis in Montreal, whom he had assaulted and raped.
We can barely imagine the state of mind of these two victims, when brought face to face with the same person who had humiliated them in the worst possible way. Imagine what was going through their minds when the person responsible for their rape was asking them questions about the details of this horrible event.
Let us remember the Concordia killings as well. The person responsible, Valery Fabrikant, dismissed his lawyers and cross-examined the witnesses himself, which was truly a verbal torture for them.
In most cases where the accused himself cross-examines the victim, the victim, after having been humiliated by the accused, is forced to relive the whole event, this time in public.
There is a way of sparing the victims this additional torture, without infringing on the rights guaranteed to the accused by law. Restricting the rights of the accused to defend himself in assault cases of a violent or sexual nature, as proposed in the bill of my colleague for Saint-Hubert, would afford the victims additional protection during the trial process.
In conclusion, the system can be as efficient as possible, but one fact remains: the key element in the legal process in cases of assault and sexual abuse is the victim's reporting of the attack and charging the attacker or attackers. If, for one reason or another, the victims do not testify as to what they experienced, any legal system, even the best in the world, will prove totally ineffective.
But, as long as assault victims continue to courageously bring their abusers to justice, and as long as the law makers and legal precedent recognizes their rights, the basic and vital objectives of criminal law-protecting society and setting an example-still have a chance to be met.
These are the reasons why Bill C-217 represents a giant step toward a more efficient and effective legal system, through a greater understanding and protection of those who are still the key element in the system, the victims.