Madam Speaker, many women helped create Bill S‑205 by joining forces and working hard. I want to pay tribute to these women and their resilience. Their insights and hard work have led to the tabling of this legislation before us which seeks to strengthen the Criminal Code and to put in place preventive safety measures called interim release at the beginning of the legal process, when a woman decides to report the violence she has experienced.
I rise in the House to speak to a bill that proposes a solution to the issues that affect thousands of victims of domestic violence by providing them with the protection and supports they desperately need to regain their safety and dignity. Bill S‑205 invites us to reflect on the fate of victims who have come to testify about how their domestic violence complaints were dealt with at the reporting stage by the police, as well as the entire process dedicated to such complaints.
I would especially like to talk about victims of sexual assault in sports, because over the past two years, as I reviewed the accounts of several athletes who were victims of violence and abuse, I realized to my great dismay how the system does not do justice to the victims. In routine court proceedings, lawyers agree on a number of things, such as a publication ban on the identity of the victim, a witness or a stakeholder in the justice system, even before the trial begins. What about the victim's right to lift the ban? One of the first things I noticed was how little opportunity there is in the system to consult with victims who are subject to a publication ban. That issue was pointed out by the people at My Voice, My Choice, whom I salute.
I rose several times in the House with the hope that the Prime Minister would open an independent, public inquiry into the sports and that this would highlight the absurdity of the mechanisms chosen to address violence and sexual assault, as well as the need to better protect our athletes and children. Why are athletes in vulnerable or power imbalance situations treated differently, outside the courts? That is a debate we should take the time to get into in the House.
When Rick Westhead's article came out, were it not for my intervention in the House and for the motion on Hockey Canada being adopted unanimously, what would have happened in the now high profile case of the alleged victim of gang rape by Hockey Canada players? Sport Canada was informed in June 2018, but did nothing. The chief of the London police apologized for not getting to the bottom of things at the time, and I could list everything the victim went through. The system allowed for the imposition of a non-disclosure agreement—or her silence in exchange for monetary compensation. Two years of work at the Standing Committee on Canadian Heritage and public pressure help put this case back on track, where it should have been from the start. The victim, in this case, could apply to have the publication ban lifted at any time during the trial, when she feels safe enough to do so.
I see the similarities with Bill S‑205. We must give victims back the power to decide whether or not to be informed. We should not be making decisions for them. We must give them tools to ensure they have some sense of safety, such as requiring the alleged abuser to wear an electronic device if they are released on bail. We must take the time to do the right thing and implement preventive safety measures. What do we know about “peace bonds”, often referred to as “810s” in legal jargon? We know the system uses them too often, and perhaps too quickly. Here again, we are confronted with that reality in each and every case that is reported in the newspapers. Orders issued under section 810 of the Criminal Code and the amount of red tape involved in filing complaints too often result in victims withdrawing their complaint.
I want to talk about indigenous women because, in rereading the testimony heard in the Senate, and given my role in connection to indigenous relations, I paid close attention to testimony from the Native Women's Association of Canada, represented by Sarah Niman, the organization's legal counsel. I would like to echo those voices. I am addressing my colleagues with a deep concern for indigenous women who, when they experience violence, are often abandoned by a system that is supposed to protect them. Too often, when an indigenous woman finds the courage to ask for help, she is confronted with a system that turns its back on her.
Instead of protecting her, the Criminal Code allows the abuser to remain free and keep hurting her while we wait for a solution to be found. The wait can seem endless at times, however. It is unacceptable that the safety of an indigenous woman should depend on her ability to persuade others of her worth and her right to protection.
That is why we must support Bill S‑205. This bill is far more than a piece of legislation. It is the promise of justice. It seeks to redefine our approach to violence against indigenous women by putting their safety and security at the heart of the legal process. Bill S‑205 not only creates specific intervention for indigenous women, it establishes a framework that will allow them to be seen, heard and respected in a system that too often ignores them.
This bill puts the criminal justice system under an obligation to consider the safety of victims at every stage, from the initial request for assistance until the end of the proceedings. The time has come to give victims a voice and restore their power to choose a path to justice. By supporting this bill, we are taking a decisive step toward a more just society where every woman, no matter her background, deserves to be safe and protected.
We are in favour of the amendments on specialized services for first nations, even though all citizens should be entitled to the best support services available. The Bloc Québécois is in favour of most of the measures set out in Bill S‑205. Allowing victims to be more involved in the legal process that concerns them is a good step forward that the Bloc Québécois can fully support. Victims should not have to go to great lengths to seek justice. The bill helps to reduce the obstacles that victims may face and that may dissuade them from courageously pursuing their complaint against their abuser.
We support the amendment made in committee to clause 1, pertaining to the criminal record of a violent intimate partner. The same goes for the list of amendments to clause 2 to clarify the legal definition of partners and the children of partners and include them in the risk assessment and the protections that are granted. We are opposed to reducing the maximum period of good behaviour from two years to 12 months. Finally, the committee improved the bill with a provision that enables judges to decide whether to prohibit the accused from possessing prohibited and restricted firearms, prohibited devices and crossbows.
Quebec is recognized as one of the most progressive nations when it comes to protecting victims of family violence. It has rolled out some promising initiatives, including electronic monitoring devices that help keep victims safer by restricting the movements of abusers. As of December 2022, more than 850 offenders had already been fitted with these devices. However, we know that challenges remain. The same protections do not apply to persons convicted at the federal level. It is imperative to standardize the conditions of release for all abusers so that all victims are kept safe, free from discrimination or distinction.
The legislative changes we are proposing will genuinely benefit victims, especially women affected by domestic or sexual violence. We need to make our justice system more efficient and more transparent. This requires clear and timely decisions regarding the release of abusers. However, it also demands greater awareness, so that all victims can report crimes without fear.
The numbers are chilling. The Quebec government's report on rebuilding trust noted an alarming 7.5% increase in femicide and domestic violence between 2009 and 2019. As parliamentarians, we have a responsibility to reverse this worrying trend. The reality on the ground demonstrates that many victims continue to live in fear of their abuser, even when he or she is in custody. This is unacceptable. It is essential to create an environment in which victims feel supported, listened to and protected. That is our duty.