Pam Damoff

[Indigenous Peoples and Canada's Justice System, February 14th, 2018]

Mr. Chair, as I rise on the traditional unceded territory of the Algonquin nation, I am deeply grateful to participate in this very important debate on the experience of indigenous peoples within Canada's justice system.

As vice-chair of the status of women committee, I have listened to compelling testimony while we studied the overrepresentation of indigenous women in the justice system. Indigenous women are overrepresented in all aspects of the criminal justice system in Canada. Indigenous women in Canada experience violence at a rate almost three times that of non-indigenous women, and report experiencing more severe forms of violence than other women. The rate of sexual assault of indigenous women is three times higher than for non-indigenous women. They are also overrepresented as victims of homicide.

Between 2008 and 2017, the number of indigenous women inmates increased at the alarming rate of 60%.

Indigenous women and girls grow up facing intergenerational trauma as a result of parents who never learned to parent because of the impact of colonial policies, such as the residential school system and the sixties scoop; lack of mental health supports in the community; addiction; poverty; violence and abuse; and lack of access to education. One thing is very clear. The justice system has failed indigenous women every step of the way.

I had the privilege of visiting five corrections facilities in Edmonton last month, including the Edmonton Institution for Women and the Buffalo Sage Wellness centre, a healing lodge run by the Native Counselling Services of Alberta. At Buffalo Sage, I had the honour of taking part in the circle with Elder Vicki and hearing from female offenders, women who had survived what life had thrown at them and are now on a healing journey immersed in their culture, on the road to rehabilitation and reintegration, women who had attacked and escaped violent abusers and themselves ended up in prison, women whose lack of housing and poverty led them into the criminal justice system, and women who lost their children to the foster care system. These women are warriors whose strength is beyond anything I have ever seen.

I also had the privilege of visiting Pê Sâkâstêw, a men's healing lodge, where I had a memorable meeting with a 39-year old who first came into the justice system at 12 years old as a young offender. After a life in and out of jail, one that included abuse and addictions, he is serving a sentence for robbery, and is now on his own successful healing journey. He lives as a man in prison and as a woman outside, and prefers the “he” pronoun. He is on work release in the community. He has reconnected with his community for the first time in 20 years. He is another person with tremendous strength who is connecting with his culture, and that connection is guiding him on his healing journey. I can honestly say I will never forget him or any of the people I met over those two days.

During the study, we heard that women are the fastest-growing prison population, and indigenous women make up close to 70% of the prison population in some institutions. Mandatory minimums do not work. In fact, we heard they lead to higher rates of recidivism. If we really want to get tough on crime, we will stop sending people to jail, people whose poverty and life circumstances have put them in the criminal justice system. We should start treating the problems that brought them into the criminal justice system.

I met a woman at the Edmonton Institution for Women whose life would have been much different if she had been sentenced two days earlier, two days before mandatory minimums came in to effect. We heard from countless witnesses that mandatory minimums need to go, and that judges need discretion in sentencing.

The need for restorative justice has been heard time and time again. The Gladue reports provide recommendations to the court about appropriate sentencing and factors to be considered during sentencing, such as background, abuse, underlying issues such as FASD or substance use, residential schools, and more. This was a right won at the Supreme Court of Canada. However, Gladue reports are not always used properly. Not all provinces even have trained writers to prepare Gladue reports. We heard that in many circumstances, these reports are actually used against the offenders at parole hearings.

With respect to other issues, we heard about the lack of access to adequate representation during trial. We heard about the need for civil legal aid to assist women in gaining custody of their children or with other matters in family court. We heard that lawyers, judges, and police officers often lack awareness of the impacts of colonialism and colonial practices such as the residential schools. We heard about the need for culturally appropriate trauma-informed education for those who work in the criminal justice system. We heard about the need to reach out to communities to recruit more indigenous police officers, parole officers, corrections officers, lawyers, and judges, and about providing the supports to ensure their success in their chosen field.

We heard that victims of crime were afraid to go to the police. Certainly, the recent case of an indigenous woman who was sexually assaulted, who was jailed for five days to ensure she would testify against her assailant and was even transported in the same van with her assailant to court, illustrates that the fear indigenous women have is very real.

Nearly half of all indigenous offenders were removed from their homes in childhood. I applaud the commitment of our Minister of Indigenous Services to fix this broken foster care system. Enhanced mental health services and the need for those services 24/7 are sorely needed within the corrections institutes as is the proper diagnosis, treatment, and support for those living with FASD.

The previous government did away with accelerated parole, which was designed for low-risk, non-violent offenders to be released from prison at the earliest possible date to serve the remainder of their sentence in the community, thus providing a better chance for their rehabilitation and reintegration. We need to reinstate this important tool to remove indigenous women from prisons and put them back into their communities.

Indigenous women who find themselves in the correction system also need greater supports in the community upon release. Too often women find themselves without safe and affordable housing, and without a job. One witness described it like legs of a stool. Without all four legs, the stool collapses. Take away housing and employment and the woman most certainly will collapse, ending up back in the cycle of poverty, perhaps in an abusive relationship, or a return to jail.

One of the most concerning things we heard was that the prison classification system was designed for men but it was used to women. The result is that more women are sent to maximum security prisons where they have less programming in general, less opportunities for culturally-appropriate programs, more segregation, and less family contact.

Two provisions of Corrections and Conditional Release Act should be used more: section 81 and section 84. Section 81 allows for indigenous communities to oversee the care and custody of indigenous offenders who would otherwise be in a federal prison. Section 84 allows for an indigenous community to propose a plan for an interested and consenting indigenous inmate's release and reintegration in the community.

My time is limited tonight, so I am not able to list all of the issues facing indigenous women in the justice system. However, I encourage all members to read our report and recommendations when it is complete.

Our government is listening to the voices of indigenous women and girls. In budget 2017, our government provided long-term and stable investment in the indigenous justice program; and programs to divert offenders from Main Street courts in appropriate circumstances or community-based justice programs, leading to transformative change in the lives of individuals, families, and communities by providing an opportunity to address underlying issues of addiction and mental health concerns.

Our government also committed to provide $65.2 million over five years and $10.9 million a year thereafter to address the overrepresentation of indigenous offenders in the criminal justice system and help previously incarcerated indigenous people heal, rehabilitate, and find employment in the community.

In addition, through the indigenous community corrections initiative, our government will provide contribution funding to support training and capacity building within indigenous communities to help them implement community-based projects that will assist in the reintegration of indigenous offenders and provide alternatives to incarceration both on reserve and in urban centres.

I will close by paraphrasing a witness from the Indigenous Bar Association in Canada who said that:

Indigenous women have lived on this land for 15,000 years, and for 14,850 of those years, they were strong leaders in the community. We can and must return them to this role and can only do that by working side-by-side with indigenous people to fix the criminal justice system.

[Indigenous Peoples and Canada's Justice System, February 14th, 2018]

Mr. Chair, my question to the hon. member has to do with the importance of ceremony. When I was at Buffalo Sage Healing House, I met a woman who talked about going from surviving, when she was in an institution, to healing, and a lot of it had to do with the fact that she was taking part in ceremony.

I wonder if my colleague could speak to the importance of that and the healing journey for indigenous men and women who find themselves in corrections.

[Indigenous Peoples and Canada's Justice System, February 14th, 2018]

Mr. Chair, I thank the member for Yukon for his very moving speech. I also want to thank him for all the efforts in his own riding in changing lives within his community.

I heard him mention Gladue reports. I will be speaking about them myself a little later, but I wonder if he could speak to the importance of those within the criminal justice system. The fact they are being done well in his community is something that is really important. That is not the case all across Canada. I wonder if he could speak about what they are and why they are important within the justice system.

[Petitions, February 13th, 2018]

Mr. Speaker, as I rise today on the traditional unceded territories of the Algonquin nation, I am pleased to present petition e-1228 calling on the government to work in consultation and partnership with indigenous peoples to redesign the Canadian citizenship guide and exam to acknowledge indigenous treaty rights, require applicants to answer a question about the traditional territories they may currently inhabit, and educate new Canadians about residential schools and the legacy of colonialism.

This petition was initiated by my constituent, Mariam Manaa in consultation with local indigenous knowledge keeper, Stephen Paquette. The petition received tremendous response and support in my riding of Oakville North—Burlington, located on the traditional territory of the Mississaugas of the New Credit First Nation, and across Canada.

[Canadian Swimmer's Achievement, February 5th, 2018]

Mr. Speaker, I am pleased to rise in the House today to honour my friend and Oakville resident Madhu Nagaraja, who recently became the first Canadian to successfully swim across the Strait of Magellan. Madhu completed the swim on November 29, becoming only the 23rd person in the world to complete the 3.9-kilometre swim through the strait famed for its strong winds, high waves, and frigid waters.

Madhu attempted the same swim in 2015 but was unsuccessful. Rather than feel defeated, Madhu gathered his team around him and tried again. He often says that it is not about the swimming; it is about building a strong team. An experienced open-water swimmer who has crossed the English Channel and Lake Ontario, Madhu said that he wanted to attempt the swim across the strait again in honour of Canada's 150th birthday.

I want to say, congratulations to Madhu. We are all so very proud.

[Canada Labour Code, January 29th, 2018]

Mr. Speaker, when I spoke earlier this afternoon, I was quite hopeful this debate would continue to be a non-partisan. We heard amazing speeches this morning from the minister, the member for Jonquière, and the member for Rivière-des-Mille-Îles. The member for Calgary Nose Hill gave a powerful speech this morning. Earlier we had a question for the member for Berthier—Maskinongé, which received a standing ovation from all hon. members. Thus, I am really disappointed the member for Lethbridge chose this opportunity to turn her intervention in the House into a partisan speech.

Would she clarify that a survivor coming forward has an ability to appeal to the minister who in turn can appoint the deputy minister to respond? If the employee is not satisfied, he or she can appeal to the Federal Public Sector Labour Relations and Employment Board. The board can rule or turn it over to the Speaker who can intervene.

Would the hon. member clarify the record on the actual process that can take place?

[Canada Labour Code, January 29th, 2018]

The member is absolutely correct, Mr. Speaker. I am heartened when I come into this place, listen to the debate, and recognize that all parties, regardless of the differences we may hold on other policies, are united on this item in particular.

This reverberates far beyond the walls of the House. When members of Parliament talk about bringing forward legislation on harassment and bullying, we are sending a message to all Canadians, to all businesses, to all workplaces that it is simply unacceptable and the culture needs to change.

By having these conversations, we will start to move the needle. It will not be easy and it will not be this one conversation that will make change. This needs to continue beyond Bill C-65. It needs to continue with respect to how we conduct ourselves both in public and with our staff. It needs to be top of mind in our conversations with constituents. We can have a strong leadership role to play across the country.

[Canada Labour Code, January 29th, 2018]

Mr. Speaker, the member is absolutely right. We did a lot of work studying violence against young women and girls. Certainly cyber-violence was a large part of that, and the fact that young women and girls are subjected to unprecedented violence online. We mistakenly often call it cyber-bullying, and we need to call it out for what it really is, which is cyber-violence.

We looked at a number of models. He is correct: that model was one we recommended. The government, as part of a broader package of looking at gender-based violence in general, is taking online violence very seriously, and certainly so is the Minister of Public Safety. I cannot speak on behalf of the government, as a backbench member of Parliament, but I know it is something I have had discussions with various departments about, and it continues to be a top priority for them.

[Canada Labour Code, January 29th, 2018]

Mr. Speaker, I will be sharing my time with the member for Rivière-des-Mille-Îles.

I am very honoured to have the opportunity to talk today about Bill C-65. Our government ran on a commitment to take action on workplace harassment and violence, and I am extremely proud of this first step we are taking in the House today.

All of us here in the House, no matter our political allegiances, have a unique opportunity. Today we can join forces and take a stand together. We can send a strong message to all Canadians that workplace harassment and sexual violence is unacceptable, period, and that it will not be tolerated any longer.

Sexual harassment and violence in the workplace is nothing new. Certainly in my career I have experienced sexual harassment and bullying. I think it would be difficult to find a woman who has not, to one degree or another.

I am particularly pleased that this proposed legislation would also include MP staff, which is a group I feel is particularly vulnerable because of the nature of their work on the Hill. I certainly experienced it. My first job after university was right here in this place working for a true gentleman, London West MP John Burghardt. I recall one incident in particular when, after an evening reception, a male MP made completely inappropriate sexual advances toward me. I walked out and never told anyone, including my boss, because I was fearful of the consequences to my career and to my reputation.

Sadly, little has changed since the early 1980s. The power dynamic that exists on the Hill makes it a workplace that is a perfect storm for harassment and bullying. I worry about our staff, in particular our female staff, and I echo the comments made by my colleague from Milton. If staff members have an issue, regardless of party, they should not hesitate to come to me to talk about it.

High-profile cases are dominating the headlines day after day. The problem is both pervasive and far-reaching. In fact, just more than one in 10 Canadians say that sexual harassment is “really quite common” in their workplace. Another 44% say that, while it is infrequent, it does happen. I suspect those statistics are quite low.

The hashtag movements, #MeToo, #AfterMeToo, and Time’s Up, are the result of people, women and men, who thought it was important to show the world how pervasive and common harassment and sexual violence are in our lives, and they found the courage and strength to speak up.

Make no mistake; workplace harassment and sexual violence exist not only in high-profile professions but everywhere around us. The reality is that it has always been everywhere. We just ignored it or simply looked the other way, because of fear of reprisals or being labelled a troublemaker, or because norms in the industry made us feel we had no choice.

We know that harassers and abusers have used their power and influence to indulge in behaviours that were not only thinly veiled but generally accepted by their colleagues. The difference now is that not only are survivors speaking up but we are opening our eyes and paying attention. We are talking about just how pervasive harassment and sexual violence really is, and how important it is that we do everything we can to eliminate it.

There is momentum right now, and we must take advantage of it because it gives us a unique opportunity. Our government is taking action to do just that. In November, our government released a report on what we heard during consultations on workplace harassment and sexual violence. With Bill C-65, we would take strong action to ensure that federal workplaces are free from these unacceptable behaviours.

Our government is seeking unanimous consent on this bill, and I am hopeful that this proposed legislation will be endorsed by all members. I am also hopeful that we can join forces to send a clear message to Canadians that harassment and sexual violence in the workplace or anywhere are intolerable and unacceptable. This message should come not from one political party but from all parties. We can show Canadians that we are united in our intention to put a stop to workplace harassment and violence.

When people come forward, they need to know that they will be protected and supported through strong measures and that their careers will not suffer as a result. It is our responsibility as parliamentarians to put these measures in place. Canadians need to feel safe at work, regardless of where they work and for whom they work, and that applies to employers and workplaces across Canada, including the federal public service and right here on Parliament Hill.

Recently I had the privilege of visiting five corrections facilities in Edmonton and speaking with the dedicated staff who work there. The situation at Edmonton Institution for men was a cesspool of bullying, violence, and sexual harassment—an environment so toxic that the independent report said that there would be great challenges in changing the culture there. Significant steps have been taken, but the road to recovery will be challenging.

I had the opportunity to speak to some of those who had worked throughout the years in this toxic workplace. When I asked one female parole officer if she had hope that the situation would improve, she looked at me and said that I was it. As federal corrections officers, these staff would be covered by Bill C-65, and they deserve our support. We owe it to them and to employees across Canada to ensure they can go to work every day and know they will be safe from a culture of bullying and sexual harassment.

Bill C-65 would give employers the tools they need to adequately address and deal with harassment and violence, including sexual violence, in the workplace. We are also strengthening compliance and enforcement mechanisms under the Canada Labour Code in order to increase workplace health and safety, and better protect workers' rights. The use of monetary penalties and the authority to publicly name violators are just some of the changes announced to make workplaces healthy, safe, and productive places.

Bill C-65 is based on our research, on our consultation, and on what Canadians have said they need when it comes to preventing and dealing with harassment and sexual violence in the workplace.

Last year, we released the report “Harassment and Sexual Violence: What We Heard”, which summarizes a series of engagement activities we undertook with the Canadian public, unions, employers, non-governmental organizations, academics, and other experts. We made sure that a wide range of voices were heard to support evidence-based policy development and implementation, and held online public consultations as well as a series of round tables with stakeholders and experts.

Some of the findings were striking. Of the more than 1,300 people who responded to our online survey, a full 60% reported having experienced harassment, 30% said they experienced sexual harassment, 21% reported experiencing violence, and three per cent said they had experienced sexual violence. Incidents are under-reported, often due to fear of retaliation. When they are reported, incidents are not dealt with effectively. Some 41% of survey respondents stated that no attempt was made to resolve an incident they reported. Women are more likely than men to experience sexual harassment, and people with disabilities and members of visible minority groups are more likely to experience harassment than other groups.

It comes down to this: workplace harassment and sexual violence are unacceptable behaviours that have been going on for too long. Canadians want and need their government to do something about it and to lead the way. That is exactly what we are doing in Bill C-65. I am asking each of the members of Parliament in this place to rise to the occasion being presented to us today. Take a stand and show constituents that we care about making workplaces safer for everyone.

While this issue continues to make headlines, we must ensure it is not a popular movement that will fade away before any real changes are made. We need to do something now to correct the course we have been on for too long. I recently read a comment by former journalist Jennifer Mossop who stated that it is time. It is time for mutual respect and genuine and sincere public discourse to take us to the next level.

This needs to end now. Bill C-65 is going to help make that happen. Let us all support it together. It is time.

[Criminal Code, December 11th, 2017]

Madam Speaker, I thank the member for her advocacy on this issue as well.

We know that women and members of LGBTQ2 community have not come forward because of fears that they will not be taken seriously, and that when it does go to court they are concerned that consent may not have been given.

This legislation can give them confidence that no means no, and that, regardless of the situation they find themselves in, whether it be through alcohol or some other situation, and their concern is that it would be interpreted differently, they can have confidence in the justice system.

This is only one piece of what is required, but it is an important step in making sure that survivors of sexual violence can come forward with confidence.