Madam Speaker, for many reasons, I am really pleased to be standing to debate the current bill at third reading. I am happy, because I first tried to bring this issue to the attention of the House nearly four years ago. It has been a long struggle to get the bill to this state. I am also happy because the bill does something quite important: It recognizes that, in intimate partner relationships, there are other forms of violence than broken bones and bruises, and they are equally harmful. I am happy that all parties have now come to support the bill.
We owe a great debt of thanks to the survivors who came forward to committee and publicly told their stories of suffering coercive and controlling behaviour. We owe it to the women's shelter workers, who gave very eloquent testimony about the need not only for better legislation but also for better supports for women who suffer from domestic violence. We also owe a debt of thanks to the police who talked about their frustration. In particular, those in the Saanich Police Department told me that, many times, officers visited homes that they knew they would come back to. They knew that there would be bruises and broken bones next time, but they did not have the tool they needed to intervene.
Finally, I want to thank the member for Victoria. I took this, as my own private bill, as far as I could get it in the last Parliament. I have been very pleased to work with her in this Parliament to make sure that the bill gets across the finish line.
There is an urgency here. Quite frankly, I was worried that the bill might get lost in the rancour of the end of a sitting in a minority Parliament. I want to express my thanks to the member for Calgary Nose Hill, who did some important negotiations today that will help us get the bill back in front of the House next week so that we can pass it before we rise.
Why is it urgent? Of course, we all know the terrible statistic that, once every six days, a woman in this country is murdered by their intimate partner. Not as familiar is the statistic that nearly 25% of those are indigenous women. Given the promises that we have all made in this Parliament, especially the government, to act on the issue of missing and murdered indigenous women, this becomes a part of that package.
It is also urgent because, often, the women who are subjected to coercive and controlling behaviour are among the more marginalized in our society, whether they are indigenous women; new Canadians, who may lack the connections and supports in the community to escape such relationships; or those within my own community, the queer community.
We recognize, and we heard very clearly, that there is a concern about ensuring that the bill not do further harm. There were some extensive amendments made in committee to prevent revictimization as much as we can for those who survive, as well as to prevent the use of the bill by the actual abusers to continue their coercive and controlling behaviour.
Two of those amendments are quite important. One would forbid those who self-represent from being allowed to cross-examine their partners. These are perpetrators who engage in coercive and controlling behaviour and who represent themselves in court. Instead, the judge would appoint an independent lawyer to do that. That is an important part of avoiding revictimization by the abusive partner. The second is equally important. It says that, in findings of guilt under this offence, the judge must consider the overall context of the relationship. In common language, this means that the judge would have to ensure that the actual abuser, not the victim of coercive and controlling behaviour, is the one being charged. It is my hope that, after seeing these important amendments, the other place will also act expeditiously to pass the bill.
In addition to the women who are subject to coercive and controlling behaviour and the harms they suffer, and in addition to those who eventually die by femicide, which, 95% of the time, is preceded by coercive and controlling behaviour, the other victims of coercive and controlling behaviour are children. Children who are in households where coercive and controlling behaviour is taking place quite often suffer enormous psychological damage as a result of this behaviour as it goes on.
That leads to a related question that the bill does not address, and that is parental alienation. As I like to say when we talk about family law, this is not a thing. There are people who try to use the concept of parental alienation against their partners, saying that it is not their behaviour that has caused their children to be afraid but their partner, who is alienating the children's affections.
The bill does not deal directly with parental alienation, but it does deal with one of the fundamental causes of those disputes, which is the coercive and controlling behaviour at its root. We have heard today that all parties are very interested in making sure that we also address the question of parental alienation.
Will the bill end domestic violence? Of course it will not. There are many other supports that the frontline women's shelter workers talked to us about. They include legal aid in family law at the provincial level and additional funding for shelters. During the pandemic, it became quite clear that many women do not have good options for leaving these relationships.
Even when women finally come to the conclusion that they have no other option but to leave, there is no place for them to go in the community. In particular, many women stay in relationships because they have children; they are not sure how they will provide shelter and food for those kids. Therefore, they suffer through that coercive and controlling behaviour in the interim.
Quite clearly, we need better education in the justice system on the issue of coercive and controlling behaviour, as well as domestic violence in general. Too often, stereotypes of survivors and relationships interfere with the proper operation of the justice system.
Many police forces have done good work in establishing domestic violence units. Not all police forces have those units. We need to make sure that police forces have people who are trained and have the sensitivities to recognize when there are harmful relationships in front of them. When the bill is in place, they would be able to use it to help people get assistance in those times.
We also know that prosecutors, quite often, do not proceed with cases because of a victim's reluctance to testify. We need some education there, both for the survivors and for the prosecutors, to make sure that these situations actually proceed in court, as they should. This is a way of sending a very strong social message that this behaviour is unacceptable and that those who engage in it will be sanctioned by society.
Finally, there is a difficult topic and one that I am always concerned about: We need to encourage judges to better educate themselves in this area. I respect the independence of judges, and I am not arguing here today that we make judges do something. What I am arguing is that we should get the attention of judges and have education provided to them, within their own professional organizations, on the topic of domestic violence and, in particular, coercive and controlling behaviour.
No, the bill would not stop domestic violence, but because of the close connection between coercive or controlling behaviour and femicide, it may play an important role in reducing femicides in this country. The bill would provide an important tool to catch harmful and dangerous situations in interpersonal relationships earlier than we do now. This is what I heard very strongly from the frontline shelters and from the police. Right now, we lack a tool that recognizes and allows action before there are bruises and broken bones.
I am pleased to see virtually universal support for the bill. I am pleased that we have a good prospect of getting it passed next week and getting it sent to the other place. I am hopeful that the amendments we made address the concerns of some of the Senators and allow them to act expeditiously as well.
