Mr. Speaker, I welcome this opportunity to speak to Bill S-215, an act to amend the Criminal Code (sentencing for violent crimes against aboriginal women), introduced in the Senate on December 11, 2015, by the Honourable Senator Lillian Dyck.
First of all, I would like to commend Senator Dyck for her advocacy on the critical issue of violence against indigenous women and girls. Our government shares the view that the unacceptable rates of violence against indigenous women and girls is a matter of urgency and national concern.
Bill S-215's objective is outlined in its preamble, which states the importance of denouncing and deterring violent crimes against indigenous women, given that indigenous women have been, for many decades, and still are, far more likely than non-indigenous women to be victims of violence.
Bill S-215 proposes to create two new Criminal Code provisions, sections 239.1 and 273.01, which would require the fact that a victim is an indigenous woman to be considered an aggravating factor when sentencing an offender for certain violent offences. These offences are murder, manslaughter and attempted murder; uttering threats to cause death or bodily harm; assault, assault with a weapon, or causing bodily harm and aggravated assault; unlawfully causing bodily harm and sexual assault, sexual assault with a weapon or causing bodily harm and aggravated sexual assault.
While I know that all of us support this bill's objective, these proposed reforms may have unintended consequences in the application of sentencing. The purpose of aggravating factors is to signal to sentencing judges that lengthier sentences are warranted in cases where the aggravating factor is present. I will note that the Criminal Code already establishes that it is an aggravating factor for the purpose of sentencing where an offence is motivated by hate, for instance, because of the victim's gender or race. It is also already an aggravating factor where the victim of a crime is a spouse, common law partner or child. In that regard, the proposed aggravating factor in Bill S-215 duplicates these provisions. Furthermore, Bill S-215 might have the unintended consequence of contradicting the application of the Gladue principle.
Section 718.2(e) of the Criminal Code requires sentencing judges to consider “all available sanctions, other than imprisonment, that are reasonable in the circumstances”, and mandates judges to pay "particular attention to the circumstances of Aboriginal offenders" in conducting this analysis. This provision requires sentencing judges to consider the background and unique circumstances of an indigenous offender, usually with the assistance of a Gladue report, and to consider alternatives to incarceration wherever possible. Where the offender is indigenous, combined with Bill S-215 , a judge could be under contradictory obligations both to lengthen the sentence for an indigenous offender's criminal conduct against an indigenous woman and, at the same time, to consider alternatives to incarceration and reduce the sentence because the offender themself has an indigenous background.
Beyond these concerns, it is imperative to also consider the societal context in which this bill's proposed reforms are situated. This includes the lived realities of indigenous persons in Canada. This broader context highlights the importance not only of Bill S-215's objectives, but also the need for multifaceted responses outside the criminal justice system to meaningfully address this complex issue. Statistics indicate that indigenous persons are overrepresented among both victims and offenders of violent crimes.
Indigenous women experience dramatically higher rates of sexual assault, intimate partner violence, and homicide than their non-indigenous counterparts. Specifically, indigenous females recorded a sexual assault rate of 113 incidents per 1,000 people, which is significantly higher than the rate of 35 per 1,000 recorded for their non-indigenous counterparts. Also, according to the 2014 general social survey on victimization, indigenous women had an overall rate of violent victimization double that of indigenous males, with 220 violent incidents per 1,000 people compared with 110 per 1,000; close to triple that of non-indigenous females, with 81 violent incidents per 1,000 people; and more than triple that of non-indigenous males, with 66 violent incidents per 1,000 people.
At the same time, indigenous persons are also overrepresented in Canada's correctional institutions. In 2016-17, indigenous adults represented 28% of the total provincial-territorial offender population and 27% of the federal offender population, but only 4.1% of the Canadian adult population. In particular, indigenous women accounted for 43% of admissions to provincial or territorial custody and 31% to federal custody, while indigenous men accounted for 28% of admissions to provincial or territorial custody and 23% of admissions to federal custody, according to the Statistics Canada's adult and youth correctional statistics for 2016-17.
As we can all agree, these findings paint a stark reality. In thinking about both the overrepresentation of indigenous persons in prison, as well as women and girls' unacceptably high vulnerability to violence, we must acknowledge and act on the understanding that these realities are inseparable from the historic and contemporary impacts of colonialism.
As explained in the Truth and Reconciliation Commission's final report entitled “Honouring the Truth, Reconciling for the Future”, violence and criminal offending are not inherent to aboriginal people, but rather emanate from very specific experiences that indigenous people have endured, including but not limited to, first-hand victimization and experience with physical and sexual violence in residential schools, poverty, and substance abuse. These factors have contributed to the overrepresentation of indigenous persons in all stages of the Canadian criminal justice process, both as offenders and as victims.
While we are all committed to addressing the pressing issue of violence against indigenous women and girls, Bill S-215 cannot respond to these lived realities to which the bill's proposed reforms would apply. These concerns lead me to the conclusion that the proposed reforms are unlikely to achieve their important objective.
Such a complex issue requires comprehensive approaches to ensure that the proposed solutions have their desired effect. I note that the results of the ongoing National Inquiry into Missing and Murdered Indigenous Women and Girls will be instructive in this regard. The inquiry is studying relevant issues, such as identifying the root causes of violence and abuse and finding ways to them, and addressing the impacts of poverty, marginalization, cycles of violence and disempowerment. Our government looks forward to receiving the recommendations of the national inquiry.
While the commissioners complete their important work, we are taking immediate action by investing in a commemoration fund that will support local and national commemoration activities; in organizations with expertise in law enforcement and policing to lead a review of police practices; in housing and shelters; in education and reform of child and family services; in programs to prevent and address violence against indigenous women and girls; and in increasing health support and victim services for families and survivors.
A broad-based, holistic approach is the best way to ensure better protection for indigenous women and girls from violence. Our government is committed to ensuring tangible and systemic changes that will ensure improved outcomes for indigenous people, including indigenous women and girls.