Mr. Speaker, Bill C-286 would amend the Witness Protection Act to include spouses whose lives are in danger because of the action of their spouse, which is defined to include former spouse, common law partner or former common law partner. A common law partner is a person who has cohabited in a conjugal relationship with another person for a period of not less than one year.
Violence against women remains a serious social problem, despite advances in public awareness, support services and judicial and policy responses such as peace bonds, firearm prohibition orders, incarceration, no contact communication orders, restraining orders. To an irrational abuser, however, civil remedies, such as supervisory orders, custody orders for children or division of matrimonial property, may exacerbate a situation to the point where the only final recourse for the victim's spouse and her children is to escape the threat of personal harm by disappearing.
A commentary on Bill C-286 points out that this proposed legislation will introduce a subtle yet important shift in the rationale for the witness protection program. The existing program is to promote law enforcement by protecting witnesses who are in personal jeopardy because of their involvement in police activities. The proposed bill will add a related but separate purpose, the protection of persons who believe their lives to be in danger from their spouse or former spouse. This protection for individuals would be a goal of its own and not directly related to broader police activities.
I have no doubt that all members of the House agree that support for victims of domestic violence is needed and most commendable. The act will, however, be meaningless unless additional financial resources are committed to cover the expanded role of the federal government and the RCMP.
Currently, spouses who are in such danger that they feel they must flee their surroundings and change their identities do now have some measure of protection under a little known ad hoc process called new identities, unless this has been a victim of the Conservative government's latest round of cuts to federal programs.
With the help of information from police, women's shelters and victims groups, the program assists desperate women in life-threatening situations gain a new identity and relocate by providing them with new social insurance numbers and ensuring continuity of federal social benefits such as employment insurance. This does prevent some devious predators from surreptitiously tracking down their estranged spouse. However, with no separate funding sources, the assistance provided is not comprehensive and falls far short of its aims and objectives, which leads us to the need for this act.
Bill C-286 would also provide a new solid base for the new identities program.
Subclause 7(2) of the bill sets out the factors which should be considered in the case of admitting a spouse to the program. They include: the nature of risk to the security of the spouse; the nature of the injuries caused to the spouse by the severe psychological damage inflicted on the spouse by the other spouse and the criminal record, if any, of the other spouse; the circumstances that cause the spouse to believe that his or her life is in danger; alternative methods of protecting the spouse without admitting the spouse to the program; and such other factors as the commissioner deems relevant.
Unless the criteria for entry are somewhat strict, the program could result in an unmanageable situation in which applicants flood the system. Spouses would have to believe, on reasonable grounds, that their life was in danger by reason of acts committed against them by their spouse and would have to be recommended for admission by a law enforcement agency, which could also include government departments.
Participation in a spousal witness protection program must be well thought out by a prospective candidate who must appreciate both the short term and long term complications. If elements of organized crime are a threat, one is most happy to disappear without a trace. Under the spousal program there is the family dynamic of parents, siblings, grandparents left behind, which could complicate matters. Children who, with the passage of time, may forget or play down the violence and abusive behaviour of the parent left behind, may work to reconnect with the parent, thereby blowing the cover of this protective veil after much time, effort and expense.
In most cases, under the current program, the RCMP erases all traces of a witness' former identity, moves the persons to a new province, pays for job re-training and provides money for re-establishment. A handful of abuse victims have been admitted to the existing program, but mainly for those who have testified against their partners.
When we consider the tremendous number of victims of domestic abuse and violence in our country, one can readily appreciate that there could be much take up under these programs and the funding necessary for the programs would be substantial. At the present time, the witness protection program costs range from $400,000 to $500,000 per witness, which is very significant.
As this bill entails expenditures of money, I hope that the sponsor of the bill has sought an opinion on whether a royal recommendation is required, and if so, that the Conservative government will in fact support such a recommendation. The costs in and of themselves should not defeat an initiative that is worthy of further consideration.
Although it goes beyond the scope of the proposed legislation, serious consideration should be given by this government to working with our provincial partners to provide additional resources to deal with preventive measures and sound programs to get at the root causes of domestic abuse and violence, whether they be programs for counselling in alcohol and drug abuse, anger management, debt management, stress management, gender sensitivity--something we did not see much of on the other side of the House yesterday--marriage counselling, or other interventions that may prevent violent and abusive behaviour. This wish list is extensive but so necessary if we are truly to address the issue of spousal abuse and violence.
We must assist the service and delivery providers throughout this country with much needed resources, either indirectly through the provinces in our social transfers, or directly to the social agencies for assistance programs that do not offend the federal-provincial jurisdictional responsibilities. The bottom line is that the groups and organizations on the front lines need help and financial assistance, help that will pay dividends in diminishing the demand and the need for extensive utilization of a spousal witness protection program.
One of these front line agencies in my riding of Welland is Women's Place of South Niagara, a crisis centre and provider of shelter for women and their children who are victims of domestic abuse and violence. Its doors are open to those who are forced to flee their residences, often in emergency situations, and sometimes with just the clothes on their backs, in order to protect themselves from serious injury or worse at the hands of a physically aggressive spouse or common law partner.
Occasionally an intervention of this nature is the catalyst to defuse an increasingly violent relationship, allowing the parties to reassess such a relationship and either to proceed to a more amicable or at least rational separation or to work to a possible reconciliation and a new respect for one another. Too often this is not enough.
I have listened with astonishment and horror to the anecdotes of abused women from the shelter who are brave enough to tell their stories anonymously. I question how our society allows such situations to occur and why there are not the resources for prompt interventions. It is a sobering fact to learn that some women, for many different reasons, endure up to 30 incidents of abusive behaviour before they seek help to leave an abusive relationship for a much better life.
Some advocates for victims of domestic abuse and violence would like to see a totally new program of protection with decisions of acceptance into the program being managed or reviewed by professionals trained and skilled in making assessments of abused women and children, instead of leaving it to the RCMP to decide which victims need protection. Their concern is that the policing authorities could limit their choices to victims of abusers who have been criminally convicted of a serious related criminal offence. Police involvement would still be required but augmented by the input of trained professionals.
In this discussion I also wish to point out that legally acquired rifles and shotguns are the weapons of choice in cases of domestic homicide. It has been pointed out that guns are frequently part of the cycle of intimidation and violence that many victims face in their homes. For every woman who loses her life at the hand of a spouse with a firearm, there are thousands who are threatened or live in fear. In fact, one shelter worker with the Alberta Council of Women's Shelters estimated that at least 30% of her clients had been threatened with a gun. The opponents of licensing and registration tend to come from regions where guns are more common, such as rural communities and the west. Ironically, these regions are also where firearms figure more prominently in incidents of domestic violence.
The Firearms Act introduced measures for licensing of gun owners and registration of firearms. Coupled with appropriate training and implementation, these measures are essential to removing firearms from situations where women are at risk. Licensing of gun owners is essential to keep guns away from potentially abusive spouses or individuals with a history of violence.
I would hope that the sponsor of the bill would urge his government not to proceed with its commitment to gut the firearms program. Protection of women and children from domestic abuse includes much more than including them in a witness protection program.
The inclusion of spouses in the witness protection program is the last, the final safety net in cases where counselling and criminal law have been ineffective. Women who fall into this category must be given this opportunity to save their lives and those of their children. That is why I will support this bill moving to committee stage for a full consideration, including the testimony of knowledgeable witnesses.
