Bill C-332

An Act to amend the Criminal Code (coercive control of intimate partner)

This enactment amends the Criminal Code to create an offence of exercising coercive control of an intimate partner by engaging in a pattern of conduct that consists of any combination, or any repeated instances, of any of the following acts: using, attempting to use or threatening to use violence against certain persons, coercing or attempting to coerce the intimate partner to engage in sexual activity or engaging in other conduct that could reasonably be expected to cause the intimate partner to believe that their safety, or the safety of a person known to them, is threatened.
It also makes consequential amendments to other Acts.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Thank you.

I have another question. We just passed the third reading in the House of Commons of Bill C-332, which is now on its way to the Senate. Once this bill is passed, it will make coercive and controlling behaviour a criminal offence.

As the new national director of public prosecutions, what actions will you be taking to prepare the prosecution service to handle these new cases?

Criminal Code

[The Deputy Speaker, Conservative, Chris d'Entremont]

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-332 under Private Member's Business.

The House resumed from June 11 consideration of the motion that Bill C-332, An Act to amend the Criminal Code (coercive control of intimate partner), be read the third time and passed.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, I am very proud to be standing in the House today to talk about Bill C-332. It is such an important bill because it talks about amending the Criminal Code around controlling and coercive conduct. I want to thank the member for Victoria for bringing this forward into the House. I also want to take this opportunity to thank the member for Esquimalt—Saanich—Sooke, who brought forward a bill in the 43rd Parliament that is very much the same.

This is an important bill because, when we look at any kind of intimate partner violence or gender-based violence, we need to make the world safer by saying that this is real and that it happens. One of the most concerning issues of our time has been an increase in domestic violence. Especially, during the pandemic, it rose in Canada by 50%. When people were in their homes trying to stay safe, all too often, they became far less safe. One challenge, of course, in addressing these issues is that there is nothing in place at this time about criminalizing coercive and controlling behaviour.

This matters a lot. So often, it happens in little ways. There are these kinds of behaviours where a person is having a relationship or has a connection with someone and see little things that are done all the time. These things minimize a person's reality and control them so that they cannot have the freedom that they should have. It takes away a little part of the self.

I remember working with people who had gone through some sort of gender-based violence and intimate partner violence. One thing they were clear about with me was that it was all these little things that kept happening.

In the beginning, it just seemed as though, if a person just gave up a little piece of themselves, it would bring peace into the relationship. They thought everything would then be okay. Even if they felt uncomfortable with it, there was nowhere to go to say that the person they were with was now taking away all of their credit cards, would not let them have access to their own bank account or was telling them that they had to leave and come back at certain times.

Even when they reported it, nothing could be done. There was no recognition of that behaviour, something that was actually leading to a very dangerous place. That is why I am so supportive of the bill: It is important that we start telling people that this is inappropriate behaviour.

Before I took on my role as a politician, in my job as the executive director of the Immigrant Welcome Centre of North Vancouver Island, I remember working with a lot of newcomer women who had come to Canada through different avenues. They had been sponsored by a spouse or had come over as a caregiver. It was shocking how often that was taken advantage of.

I remember one woman, in particular, who came into our office quite agitated and angry with Canadians. When we sat her down to talk about it, she told us the story of meeting a Canadian man in her home country. They fell in love, she married him, and she was then sponsored to come back to Canada to live with him. When she arrived in Canada, things slowly started to change with her husband; he was very clear that, in Canada, women did not have the same rights as men. Of course, we know that is not the case, but if one is a newcomer woman, one may not know this.

She was very angry because, after she came to Canada, he had done things such as change the locks on the doors. He actually made it so that, when the doors closed in the house, they locked automatically. He did not give her a key. If she got caught outside, he would be very angry with her.

We had to work really hard to get this woman into a safe place. When I look at this here, I can see very clearly that, if it had been criminalized in this place, we would have been able to move a lot faster with her. I hope that, as we do this, we remember the important part of teaching women and people who are in vulnerable groups that this is not okay behaviour. It is those small things.

I have talked to so many people who have survived this behaviour. It teaches them not to trust themselves because their reality is rejected by the person they have this relationship with. When a person cannot trust themselves, it really leads to paths where they do not take care of themselves in the way that they should because they feel like they have done something wrong, and that is the most despicable part of this behaviour, as far as I am concerned. When we take away a human being's ability to trust themselves and to know what does and does not feel good for themselves, it is a terrible form of abuse that is often minimized. It often leads to violence, as those people do not have the ability to defend themselves because they have been picked at for so long that they no longer understand their own human rights.

I am glad to have this bill put forward. We have to remember that this kind of behaviour is consistent with early warning signs of femicides, and we need to stop that. It is not only about the physical violence, although that is so important, but also about these small behaviours and these warning signs of aggressive behaviour and toxic relationships, which include coercive and controlling behaviour.

In my riding, there are many spaces to help people flee violence, and I want to acknowledge all of them; they do incredible work. One that has always stayed close to my heart is the work done in Campbell River at the transition home. It has the beautiful history of Ann Elmore Haig-Brown. She was a woman who worked very hard in that area of Campbell River to make sure that women, largely, were protected. Even though she did not have an official safe house, she created one in her own home. She made sure that women and children fleeing abusive relationships were protected. She often kept them in her own home or in the cottages around her home. She was very quiet and discreet, and she never shared anyone's reality, but she kept them safe. I think that kind of work is so important. She started a pathway towards Campbell River being able to move forward to have its own transition home and to move on to the other services provided by the Ann Elmore transition house in Campbell River.

When we look at the history of domestic abuse and of intimate-partner violence, we can see this path that has always been there. Women and children were fleeing violence and were not able to come forward to talk about inappropriate behaviour that is controlling. Because there was nothing there, the gaps just became wider. The other important thing is that it creates less trust in people who provide the supports, such as police or RCMP, for example. If a person cannot come in and get the help they need right away, it means they do not have trust in those systems, which makes it harder to ask for help later. Adding this is really going to allow police and RCMP to be able to take action much sooner than they are able to today. A big part of this should also include making sure that they get the training to understand what this behaviour looks like and how to call it into reality.

I want to mention that this bill also includes a provision that would allow victims of coercive and controlling behaviour to be recognized by the legislation, even after the relationship has ended. This is really important because for so many people who go through this experience and who are able to get away, for one reason or another, when they look back at it, they can see the pattern that started so much earlier. It is important that this is there because it would allow people to really call on that. In our society, we have to make sure that people are held to account for the actions that they take, so this is important. It means that people are not silenced and that when they are ready to come forward and speak, this would be there for them.

I want to thank everybody who works so hard to keep people safe. I think it is about time that we take that step forward to make sure that we are even safer and that the legislation is there to take action sooner.

[Iqra Khalid, Liberal, Parliamentary Secretary to the Minister of National Revenue]

Madam Speaker, I am pleased to speak to Bill C-332, an act to amend the Criminal Code on coercive control of an intimate partner. The bill would strengthen Canada's legislative framework addressing intimate partner violence, creating a new offence aimed at better protecting victims of coercive control in intimate relationships.

Coercive control involves ongoing conduct that deprives victims of their autonomy. It is a pernicious form of intimate partner violence and a significant risk factor for extreme violence. I have spoken with respect to this many times, not just in the House but also in committee. When I was part of the justice committee, we studied this very egregious behaviour, which is a predeterminer of intimate partner violence within communities and within homes.

Before speaking specifically to Bill C-332, I want to thank the member for Victoria and the member for Esquimalt—Saanich—Sooke for their dedication to this cause. It is really important, and I appreciate their dedication. I am also grateful to all the individuals and organizations that provided evidence to the Standing Committee on Justice and Human Rights during its study of this piece of legislation and its 2021 study on coercive control in intimate relationships more generally. That includes my own Chief Nishan of our Peel Regional Police. I appreciate all of their hard work on this.

Gender-based violence, including intimate partner violence, is unacceptable and has no place in our country. Intimate partner violence is one of the most pervasive forms of violence against women. Our government is committed to ending the gender-based violence epidemic. Criminalizing coercive control is an important step to achieving this end; it is preventative, and it is very important in terms of how we work together in our communities.

I am very pleased to see that the Standing Committee on Justice and Human Rights has passed the government's amendments to Bill C‑332, which were largely developed with the input of the provinces and territories, stakeholders and the experiences of other countries that have criminalized coercive control. The amended offence is now modelled on Scotland's domestic violence offence, which was strongly recommended by stakeholders who supported introducing such an offence.

Specifically, the amended offence would criminalize engaging in a pattern of conduct with intent to cause the accused person's intimate partner to believe their physical or psychological safety is threatened. It would also criminalize being reckless as to whether the pattern of conduct could have this effect. “Pattern of conduct” is defined broadly to include subtle forms of abuse that are not criminal in and of themselves; that is, it is conduct that could reasonably be expected to cause the victim to believe that their physical or psychological safety is being threatened.

The committee's amendments not only are responsive to stakeholder input but also further the bill's pressing objective of protecting victims in coercive control cases. For example, the bill would amend the Criminal Code to do the following.

It would require courts to impose a weapons prohibition bail condition where an offender is charged with a coercive control offence, unless the justice considers that such a condition is not required in the interest of the safety of the accused or the safety and security of a victim of the offence or of any person, and to consider imposing additional conditions to ensure the safety and security of the victim where the offender is released on bail.

It would also make the appointment of counsel for cross-examination mandatory on request by victims in coercive control cases where the accused person is unrepresented and seeks to cross-examine the victim themselves, unless the judge or justice is of the opinion that the proper administration of justice requires otherwise.

It would also authorize the taking of DNA from those convicted or discharged of the bill's proposed coercive control offence, which would assist with the investigation and prosecution of intimate partner violence cases.

It would also require courts to issue a weapons prohibition order where an offender is convicted or discharged of the coercive control offence.

The amended bill also responds directly to several concerns raised by stakeholders, including by removing the requirement for proof that the victim was afraid. We have heard that requiring such evidence places a burden on the victim to testify, which is going to be a revictimization. It also requires them to show the effect of the accused's behaviour on them. We know in other areas of law, and now here, that another approach is possible, one that requires evidence showing that a reasonable person in the victim's circumstances would believe that their physical or psychological safety was threatened. This approach does not necessarily require a victim to testify and is familiar to Canadian courts.

The bill would also remove the best interests defence, which was included in the bill as introduced. Significant concern was expressed that this defence could have resulted in excusing abusive conduct, in particular toward cognitively impaired and disabled individuals, based on the claim that the coercive conduct at issue was actually in their best interest.

The bill would also delay the coming into force of the offence so that criminal justice practitioners could be trained on how to enforce it. Many stressed the importance of training prior to implementation, in particular because coercive control is an ongoing conduct offence, which is unusual in criminal law as the vast majority of criminal offences are incident-based.

The bill underscores the message that all forms of intimate partner violence are serious, including the more subtler forms, which have so often gone unrecognized. Supporting Bill C-332 is one of many concerted efforts that the government has taken to end gender-based violence, including intimate partner violence and to support victims of both.

For example, in 2021, the Government of Canada announced over $600 million in funding over five years to address gender-based violence in Canada. Of this, Justice Canada was allocated $48.75 million to ensure access to free legal advice and legal representation for survivors of sexual assault and intimate partner violence.

In 2022, the government allocated funding of $539.3 million over five years to enable provinces and territories to enhance services and supports within their jurisdictions to prevent gender-based violence and support survivors through the national action plan to end gender-based violence. I am pleased to have learned that bilateral agreements between the Government of Canada and all 13 provinces have been finalized.

I realize I am coming to the end of my time, but I am looking forward to working with all parties in this House to ensure that we are eradicating and actively preventing gender-based violence from occurring in all communities, including mine in Mississauga—Erin Mills.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, today, I am pleased to contribute to the debate on Bill C-332, which amends the Criminal Code to make controlling or coercive conduct an offence. The Bloc Québécois is in favour of the principle of this bill.

This bill, which was introduced by the member for Victoria, is part of a growing trend among legislators working to address coercive violence. In recent years, the Standing Committee on Justice and Human Rights produced a report on this issue, which was tabled in the House on April 27, 2021. The Standing Committee on the Status of Women also examined this issue, as did the Standing Committee on Canadian Heritage as part of its study on safe sport. In sport, people in a position of authority can exercise coercive control over their athletes.

I am the Bloc Québécois critic for sport. The Standing Committee on Canadian Heritage heard testimony from many athletes who shared how they were abused and mistreated. I commend them for their courage and I want to assure them that we will do everything we can to strengthen this legislation. This bill is not perfect and many shortcomings have already been identified. However, there is nothing preventing the federal government from making amendments to the laws governing sport or to any provisions of other justice and human rights legislation.

I am going to talk about coercive control in sport. I will also address how this inappropriate practice can lead to abuse and mistreatment of athletes. This phenomenon is often hidden under the guise of discipline and performance requirements. It deserves special attention because it destroys not only careers, but lives.

With the Paris Olympic Games just around the corner, I invite my esteemed colleagues to reflect on the importance of recognizing that there is another reality facing Olympic and Paralympic athletes. There is another side to the medal. Behind every dazzling victory and every gold medal, there are often enormous sacrifices, endless hours of training and sometimes silent suffering. The pursuit of sporting excellence can push some athletes to their extreme limits, and the pressure to succeed can be overwhelming. Under this facade of glory and success, the realities of overtraining, ignored injuries and unrealistic expectations can lead to situations of abuse and coercion. Acknowledging these darker aspects is essential to striking a balance between the pursuit of performance and the preservation of athletes' well-being, ensuring that sport remains a source of personal development, not distress.

Coercion manifests itself in different ways in the world of sport. It can be physical, such as forcing someone to train beyond their pain threshold; psychological, through intimidation or threats; or emotional, through manipulation or constant put-downs. Unfortunately, these practices are often justified by the need to perform and reach goals. In addition, an imbalance of power can develop in coach-athlete relationships. Athletes are constantly in a situation of give and take and may not be capable of recognizing the intent behind each gesture in isolation. However, that vulnerability provides fertile ground for a predator to make the ultimate gesture by escalating to aggression. Respect may not always be present, it seems.

For example, young athletes are often exposed to intense pressure from an early age. In many cases, they are pushed by coaches or even by their own parents to reach new heights without taking into account their physical and mental limits. This excessive pressure can lead to permanent physical trauma, as well as serious psychological problems such as anxiety, depression and even suicidal behaviour. Coercion, however, refers to the disconcerting behaviours and meaningless gestures that are subtly made when athletes come into contact with someone who has bad intentions.

Right now, I am remembering the meeting where the Standing Committee on Canadian Heritage heard poignant testimony from Justice Rosemarie Aquilina of the State of Michigan. Almost of us have heard about the gymnastics abuse scandals, the stories that made headlines and galvanized public opinion. Take the case of Larry Nassar, the former team doctor of the United States national gymnastics team, who sexually abused hundreds of young gymnasts under the guise of medical care. For years, these young girls were forced to remain silent, often out of fear of retaliation or shame, reinforced by a culture of coercion and blind obedience.

Here in Canada, I am not sure if my colleagues have watched Rick Westhead's documentary, Broken: Inside the Toxic Culture in Canadian Gymnastics, where he covers the case of the infamous Brubakers, who did the same thing to Canadian gymnasts, and the silence and role of Gymnastics Canada in all this. I want to thank the team at Gymnasts for Change for taking a courageous stand, including Kim, Abby, Melanie, Emily, Jessica, Ryan and all the other warriors.

I would also like to thank My Voice, My Choice; Can't Buy My Silence; Athletes Empowered and Global Athlete. They are heroes. Over the past few weeks, athletes have been sharing their stories on Jean-Luc Brassard's show, L'envers de la médaille. Athletes have also told their stories to the Standing Committee on the Status of Women and the Standing Committee on Canadian Heritage. In addition, numerous cases have made headlines in Quebec and Canadian newspapers. These are cases of abuse that could have been prevented if athletes' signals had been interpreted correctly or if better laws had been in place, of course.

I remember coming away from committee meetings shaken and stunned. These emblematic cases could have been prevented if proper safeguards had been in place and the victims had been taken seriously from the outset. How many investigations have been stonewalled by police investigators and by people within the sport federations themselves? Unfortunately, the culture of performance and the policy in sport of winning gold medals at all costs have often blinded those in charge. They have overlooked obvious warning signs. Each time, I ask myself why our society allows these things to happen.

This bill makes perfect sense today because it represents a major step forward in sport as well. It is a first in a series of changes needed to better protect victims of coercion. In sport, these victims are unfortunately all too often underage children. I still believe that a public inquiry is needed, pursuant to part 1 of the Inquiries Act, to get to the bottom of the issue of maltreatment and abuse in sport. Public inquiries have always revealed systemic problems and proposed possible solutions.

I have called upon the federal government, as well as the Minister of Sport and Physical Activity and her predecessor, to launch a public inquiry. The Standing Committee on Canadian Heritage just completed its report on safe sport, which will be tabled in the House very soon. I look forward to discussing it. Until then, I want to remind the House that the consequences of coercion and abuse in sport are deep and lasting. Physically, athletes can suffer irreversible injuries. Psychologically, they can develop post-traumatic stress disorder, eating disorders and addictions. The emotional impact can include loss of self-esteem, feelings of shame and relationship issues. The impact on an athlete's career in sport can be catastrophic. Many promising young talents are forced to leave their sport early after being abused. This not only deprives individuals of their passion and potential, it deprives sport more generally of its future champions.

In conclusion, the Bloc Québécois strongly supports Bill C‑332's objective of better protecting victims of coercive or controlling violence. However, certain significant flaws require further consideration to guarantee that the bill is effective and fair. It is vital to expand the scope of the bill to allow former partners, family members, neighbours and colleagues to testify. This could help put an end to the system of “their word against mine”.

What is more, the severity of the sentences needs to be assessed and the presence of children in situations of coercive violence should be considered an aggravating factor. It is also crucial to examine the impact of this new offence on family law and child protection, as well as the reasons prosecutors frequently drop certain charges to opt for lesser charges, undermining the administration of justice and public trust. The Criminal Code already has 35 sections that can be applied in domestic or spousal violence cases. It is imperative that they be strictly enforced and that we find ways to ensure that prosecutors use them more in cases of coercive or controlling violence.

Finally, it is critical to overcome the difficulties related to the collection of evidence and the strength of the prosecution's case, while protecting the presumption of innocence. A debate needs to be held to balance out the duty to protect victims of controlling or coercive conduct and the right of the accused to a fair trial. By addressing these issues, we could enhance victim protection and make justice more effective and more fair for everyone, as well as ending the culture of silence, of course.

We can take action now. This toxic culture has deep roots, which is why we need to act on several fronts. We can start by raising awareness and educating athletes on their rights from a very early age. Coaches and leaders must be trained to recognize and prevent coercive and abusive conduct. Sports organizations must implement strict policies against maltreatment and provide safe, confidential mechanisms for reporting abuse. Athletes must be encouraged to speak out without fear of retaliation and must be given the support they need when they do so. We need to end the culture of silence. That is important. It is essential. It is also vital that we get parents and families involved in this process, because they play a key role in protecting and supporting young athletes. Parents must be informed about the signs of coercion and abuse and know how to respond effectively to protect the children.

The House resumed from June 4 consideration of the motion that Bill C-332, An Act to amend the Criminal Code (coercive control of intimate partner), be read the third time and passed.

[Sherry Romanado, Liberal, Parliamentary Secretary to the President of the King’s Privy Council for Canada and Minister of Emergency Preparedness]

Madam Speaker, it is my pleasure to speak to Bill C-332, an act to amend the Criminal Code on controlling or coercive conduct. The bill would create a coercive control offence that seeks to protect victims of intimate partner violence and hold their abusers accountable. These are laudable and pressing objectives that I know we all support. I want to thank the member for Victoria for bringing the bill forward; I also want to note that it is important to thank the member for Esquimalt—Saanich—Sooke. I thank him for his years of work on this issue and for the incredible speech he just delivered.

I am very pleased that the Standing Committee on Justice and Human Rights adopted the government's amendments to Bill C-332, which seek to further the critical objectives of the bill. These amendments were informed by provincial and territorial input; the fall 2023 stakeholder engagement process led by Justice Canada, in collaboration with provincial and territorial partners; the testimony of witnesses who bravely appeared to speak to Bill C-332 as introduced; Scotland's domestic abuse offence model, which was recommended by stakeholders who support enactment of a coercive control offence; and—

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I would like to start my speech with a sad statistic. As of May 28, 2024, in Quebec, there have been as many femicides as in all of 2023. My thoughts are with the victims and their loved ones.

I rise today to speak to Bill C‑332, which would amend “the Criminal Code to create an offence of engaging in controlling or coercive conduct that has a significant impact on the person towards whom the conduct is directed, including a fear of violence, a decline in their physical or mental health or a substantial adverse effect on their day-to-day activities”.

This is a subject that is very important to me since I raised this issue at the Standing Committee on the Status of Women, where we are currently conducting a study on the matter. I will talk about the definition of coercive control, some of the details of this bill and a few reservations I have about the bill.

First, coercive and controlling behaviour includes physical, sexual and emotional abuse, financial control, implicit or explicit threats to the partner or ex-partner, and against their children, belongings or pets.

Coercive and controlling behaviour does not relate to a single incident, but a pattern of behaviour that takes place repeatedly. It is important to understand that certain behaviours, taken in isolation might be considered normal, but it is the pattern and repetition of those behaviours that make them coercive or controlling violence.

Megan Stephens, one of the witnesses who took part in the study at the Standing Committee on Justice and Human Rights, indicated that there is no universal definition. However, a few definitions were discussed during the study, including restricting a person's movements, refusing them access to the home, controlling what they eat, disconnecting phone lines, breaking their cellphone and preventing them from going to work or to school. Taken together, these behaviours amount to coercive control.

Coercive control is low-level and repetitive. It often does not involve physical violence and takes away a person's sense of personal agency. Victims no longer make decisions based on what their own best interests are or what their driving motivators are, but they make decisions based on fear of what the other person will do to them if they don't make a decision in a certain way. It is generally understood as a course of intimidating, degrading and regulatory practices used by abusers to instill fear and threat into the everyday lives of their victims. Victims are deprived of their liberty and autonomy. The intent is to gain and maintain power and control and strip away a person's freedom and their sense of self.

Abusive behaviours are intended to cause fear and gain power and control over a woman’s thoughts, beliefs and actions. Controlling another person’s thoughts, beliefs and actions does not require specific overt acts of violence, although those acts certainly may be occurring as well.

Abusive partners use isolation, both physical and psychological, as a means to control their partner's contact with friends and family to emotionally bind the partner to them with the shackles of fear, dependency and coercive control tactics. In some cases, abusive partners use state-sanctioned structures to continue to coerce and control women through custody of and access to the children. The legal system is used as a weapon against the victim.

Second, I want to look more specifically at Bill C-332, introduced by the member for Victoria. It is part of a growing trend among legislators who work against coercive violence. In recent years, the Standing Committee on Justice and Human Rights produced a report on this issue. I mentioned it earlier. It was tabled in the House on April 27, 2021.

The Standing Committee on the Status of Women is currently studying this issue. The Standing Committee on Canadian Heritage and the Standing Committee on the Status of Women dealt with this issue during their study on safe practice in sport.

In the last Parliament, the NDP member for Esquimalt—Saanich—Sooke introduced Bill C‑247 in October 2020. In November 2021, during this Parliament, he introduced Bill C‑202, which is essentially a new attempt to revive the legal framework, definitions and criminal consequences relating to coercive or controlling violence.

Bill C‑332 is the NDP's third attempt to put this issue on the agenda. The fact that it passed first reading and was added to the order of precedence of the House on September 20, 2003, makes Bill C-332 the most successful so far and the most likely to complete its legislative journey.

More recently, there was also Bill C‑233 from the Liberal member for Dorval—Lachine—LaSalle. It received royal assent on April 27, 2023, after study by the Standing Committee on the Status of Women. This piece of legislation amended the Criminal Code to require judges, in cases of domestic violence and before issuing a release order, to consider whether it would be desirable for the accused to wear an electronic monitoring device. In addition, the bill amended the Judges Act to require continuing education seminars on matters related to sexual assault, intimate partner violence and coercive control.

According to a study published by Statistics Canada in April 2021, intimate partner violence, including controlling or coercive behaviour, is an integral part of this problem. It is a scourge. It is difficult to put an exact figure on the scale of violence in this country, as most cases are not reported to the police. This is the main obstacle when it comes to identifying and documenting this behaviour as well as implementing solutions for victims.

In her testimony before the committee, Lisa Smylie, the director general of communications and public affairs at the research, results and delivery branch of the Department for Women and Gender Equality, reported that approximately 36% of domestic violence incidents and only 5% of sexual assaults are reported to the police.

Based on data reported by police services in 2018, women in rural areas experienced the highest overall rates of intimate partner violence in the country. The committee also noted that marginalized women, including indigenous women, racialized women, women with disabilities and migrant women, face the greatest risk of violence, not to mention children. Furthermore, although coercive and controlling violence can occur in other contexts, it is present in 95% of relationships where there is domestic violence as we know it.

Today, this coercive and controlling violence is facilitated by technological advancements. GPS systems make it possible to track women. Small cameras can be used to film them. Smart phones and social media platforms are used to spy on them. All these means and tools make it easier for abusers to continue to extend harm, isolation and control regardless of victims’ physical locations. As we saw, there are also the traditional forms of blackmail on social media, impersonating the victim, sending persistent threatening messages, or even distributing private information or sexual content about the victim.

Third, the committee noted a few problems in enforcing the current law in the cases of victims of coercive or controlling violence. I will go over them quickly. The victims distrust current mechanisms, police services and the justice system and have little confidence they will adequately address their trauma. Unfortunately, this attitude is particularly pervasive among groups that are most often targeted by these acts, in other words, indigenous or racialized women, marginalized populations and immigrants. Women who are immigrants or who do not have Canadian citizenship fear the repercussions that reporting the abuse will have on their immigration application.

Furthermore, several stakeholders report that victims believe that they will not be taken seriously. They know that there are myths out there and they want to avoid being judged by institutions on their credibility when they come forward. It is undeniable that the fear of being blamed in turn means that few victims come forward. Victims are limited in what they can do because they may be dependent on the abuser, financially for example. They are caught in a vicious cycle where they could lose everything, end up on the street or lose custody of their children.

This point was raised by several witnesses during a committee study on women's economic empowerment. While aspects of coercive control and controlling behaviour may be present, the police and the justice systems often say that the victim's word alone is not enough to file a complaint. The numerous cases of femicide and harassment show the limitations and major flaw of the infamous “810 order” in cases where violent men pose a high risk of reoffending. They must be treated differently and be forced to use a monitoring device.

In conclusion, the Bloc Québécois supports the objective of Bill C‑332. However, we believe there are significant shortcomings that will need to be studied in committee. For example, we will have to study the possibility of expanding the scope of the bill so that ex-partners and other family members can testify in order to address the problem of one person's word against another's. We will also have to address the severity of the sentences and the consideration given to children in cases of coercive or controlling violence, as well as the connection between the new offence and the impact on family law and protection issues. Many other aspects need to be studied.

In conclusion, I would say that we need to have a debate on the duty to protect the victims of controlling or coercive behaviour relative to the obvious right of the accused to a fair and equitable trial. Let us continue to reflect on this issue. That being said, this is done elsewhere in the world and there is not one country that would backtrack on this issue of coercive control.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Madam Speaker, I am thankful that this bill has been brought forward. This is a really important bill that we need to discuss. In my time here in the House of Commons, I have had the opportunity to do a lot of work when it comes to violence against women, domestic violence, intergenerational trauma and impact to families.

According to American forensic social worker Evan Stark, who is at the leading edge on this, coercive control is characterized by a pattern of negative behaviours that aim to intimidate, threaten and humiliate a person in front of friends and family; take control over aspects of everyday life such as where a person can go or who they can see; repeatedly put a person down; make credible threats of violence or economic oppression; and entrap them in an abusive cycle.

Bill C-332, an act to amend the Criminal Code, recognizes the dynamic between this and intimate partner violence and how intimate partner violence is different from other forms of harassment or assault. When it comes to a trusting relationship between partners, we know it is a very different relationship when a person is a subordinate to someone in charge or when a person has any vulnerability. Although the Criminal Code does recognize sexual assault and violence, it does not dig deep enough when it comes to coercive control.

I would like to talk about this bill a little bit. The amendments the committee made are very well done. I specifically looked at these amendments because the bill had to get into the language regarding what coercive control was. Getting into the details, we have to understand the pattern of conduct; we need to understand that it is not just a single event. Many times, police are called to a single event of a physical nature, but coercive control is something that happens time and time again. Seeing that it is fully detailed in here, I would really like to thank the members of the committee who did great work on this. We need to make sure that when we are talking about it, if we are going to educate on it, if we want to ensure that the police know how to enforce it, we need to have a good understanding of it. The committee has done a great job on that.

The exact issue is when it comes to reporting. Education has to be paramount here. One of the greatest tragedies we have is that when abuse does happen, especially to women, they do not call. We know that, in over 90% of cases of violence against women, the victims are not calling the police to report. We have to look at the group of people who are not reporting. In that group we find more marginalized women who are becoming more vulnerable. Often, they are not reporting because of trust. If somebody has reported once or twice before, will they call back if it continues to happen? Without coercive control in the Criminal Code, this will not happen.

It is so hard to prove what coercive control is. By indicating specifically in the bill what it is, it gives much greater depth to the courts and to the police to make sure that we are actually laying the charges that are necessary. To survivors, though, this is a very difficult thing for them. Survivors of coercive control are fighting between trying to protect their children and protect themselves; they are making sure that they do not lose their children, making sure that they are protecting their children from their perpetrator. In many cases, we are looking at revictimization. We have heard time and time again of people going into the courts after accusing somebody and being revictimized. The NDP member who sponsored this bill saw what impact coercive control can have.

We need to ensure that our courts are informed by trauma, that those working with victims of violence and intergenerational trauma are trained, because these are very vulnerable people. It is not just about a person being hit and getting bruised, but it is also about what that does to a person inside. Many of these victims who have come forward are already ripped apart, so making sure that we can support these people is very important.

I would like to read a few quotes from women's organizations because, when it comes to their support of this bill or some of their concerns, they have been very active. I would really like to thank these women's organizations that are out there working day in and day out to make sure that women, when they are looking for shelters and financial support, receive support. Luke's Place is one of these organizations. The legal director at Luke's Place, a family law support centre for abused women in Oshawa, says the majority of women who are abused do not report it to police and therefore would not benefit by this new law.

That is one of the concerns that they brought forward, and that is why it is important that we have all of this information. She worries that with this law, women who defend themselves from abusive partners might themselves be accused of coercive control. That is why we have to talk about coercive control and parental alienation, and understand how all of these pieces come together to create a really complex issue.

We also have to wonder, will the police be able to enforce this? When victims are making these phone calls, it may be the first call or it may be their 11th call. We do not know. We know that it usually takes up to 11 times for a woman to make that first call after being violated. We do not know what call that is. However, if they have lost trust in the system, there is an issue.

As we are moving forward, we need to see what is positive and what is negative. How can we control this to ensure that when victims are coming forward, they do not, in turn, get forced into coercive control, that the tables do not get turned on them?

We have heard so much testimony from women across Canada, whether it is at the justice committee or at the status of women committee. We have heard from women who have come forward and shared their stories about the tables being turned on them. When they came forward, they were talking about not having money, being followed, being stalked, and a variety of different things that could happen, such as name-calling, all of these abuses, and the fact that at the end of the day they did not have that support. These are the things that we need to talk about.

One of the biggest things, and this is what I think this legislation does, is that it provides a tool. It provides something to go back on and to lean on. This would allow early intervention. If people are educated, they may be more aware of it. They may be more aware of what is going on in a person's life.

Only 30% of women, of people, have visible injuries as a result of domestic violence, and only a certain number of people experience, perhaps, emotional, sexual or financial parts of this abuse. When we know that 30% have bruises, what about the other 70%? What does that look like?

Why do we need to do this? Just moments ago, people were talking about the correlation between women and femicide. These things are happening. Between 2011 and 2021, police reported 1,125 gender-related homicides of women and girls in Canada. Of these homicides, two-thirds were perpetrated by an intimate partner, 28% by a family member, 5% by a friend or an acquaintance, and the remaining 1% by a stranger. We know that, in many cases, women are victims of their own partner, the people they trust the most in their lives.

Between 2011 and 2021, in all the gender-related homicides of women and girls, the largest proportion died by stabbing. Now we have to look at this. Is this a first-time incident? What happened prior to this? When we look at this, we will find that this would not have been the first time of violence. It is much greater than that. Although most homicide victims are men and boys, women and girls are disproportionately killed by someone they know. That is exactly what we need to talk about when we are looking at coercive control.

I want to end this with one last example. This is the case of Daniella Mallia. She went to the police three days before her death to report that her ex-boyfriend was harassing and threatening her via text. She repeatedly told police that her ex-boyfriend's behaviour caused her to fear for her safety. This was three days before this young woman was murdered.

We can do more. We can do better. I fully support this bill. I look forward to its passing in this House today.

[Laurel Collins, NDP, Victoria, BC]

moved that the bill be read the third time and passed.

Madam Speaker, I want to start by acknowledging that it is not often that all MPs agree in this chamber. Especially around this time of year, politics can be particularly divisive and partisan. However, all members from all parties have come together to support my private member's bill and support survivors of intimate partner violence, and I want to extend my gratitude. I hope that we can all think of this bill as an example of the great things we can accomplish when we reach across the aisle and collaborate. When we work together to put aside political differences, focusing on the needs of our constituents, we can change their lives for the better.

In Canada, a woman is killed by an intimate partner every six days. Let that sink in. Every six days, we lose a woman to intimate partner violence, and it disproportionately impacts indigenous women. Of the women killed, 22% are indigenous.

I want to acknowledge that yesterday was the fifth anniversary of the National Inquiry into Missing and Murdered Indigenous Women and Girls report, and after five years, only two out of 231 calls for justice have been implemented. When the report was tabled, the commission confirmed that the missing and murdered indigenous women and girls crisis is a genocide, yet the government has delayed and delayed. Former commissioner Michèle Audette says that she has “lost faith” in the government's ability to tackle this issue. I want to remind my colleagues that as elected officials in Canada, we have a responsibility to stop the crisis of missing and murdered indigenous women and girls.

The 2019 report highlights that intimate partner violence disproportionately impacts indigenous women and girls. In the same way that all parties have worked across party lines to support my bill on coercive control, I call on MPs in this House to put aside political differences, tackle the crisis of missing and murdered indigenous women and girls and implement the calls for justice, including fully funding a red dress alert.

I want to thank the member for Winnipeg Centre for her leadership and advocacy on this.

We know that coercive control is one of the most common precursors to femicide, even when there have been no other instances of physical violence. I have spoken in the past about how coercive control has impacted my family, but I have also heard from hundreds of people across Canada who have written to me, met with me and spoken to me about how coercive control has impacted them either directly or through loved ones.

Each person who shared their story told me how grateful they are that this piece of legislation exists and that they hope no one will ever have to go through what they experienced. While each story is unique, the pain is very similar. The pervasiveness of coercive control is all-encompassing, and the trauma is deeply rooted. One story that sticks with me is from a constituent of mine. She has asked me not to use her name out of fear of retribution from her abuser, but she has given me permission to share her story. For her anonymity, we will call her Lisa.

Lisa spoke to me about how she experienced coercive control by her children's father. Her abuser had taken over every single aspect of her life, and like so many other stories, the abuse eventually became physical. When she was finally able to escape that relationship, her abuser began to control her through her children. The father of Lisa's children would withhold her children from her and threaten them. She had to do what he wanted just to see her own children. When the issue of child support was in front of the courts, the judges ignored the fact that Lisa had been sexually assaulted and abused by the father of her children, who were now being withheld from her.

She spoke about how the legal system favours men so heavily that even when Lisa's daughter spoke to the lawyers and the judges about the situation with her parents and when she spoke about being scared, if she seemed prepared, there would be allegations that Lisa was coaching her and that she was manipulated. Then if the child's recounting of events was missing details, then there were doubts about the validity of the story.

At the end of the day, both parents now have equal access to the children, despite the abuse, despite the coercive control and despite the harm that continues to be done to these children.

The reality is that, currently, there is no law that protects people from situations like this, from situations like the one that Lisa went through. Lisa told me she is extremely grateful that this legislation is moving forward, but she spoke about how much more work needs to be done. She worries about the systemic issues that will still exist even if, and hopefully when, this bill, Bill C-332, is passed and implemented.

A key part in Lisa's story is the fact that in every step of the judicial process, the system does not favour people who come forward and share about the abuse they are experiencing. When people report abuse to police, they are often turned away due to a lack of evidence. If their case is accepted by the officer and is brought forward to a judge, they risk the case being thrown out again. If they are one of the few who get to have their case heard in court, judges and lawyers have no requirement to be trauma-informed.

Many judges, prosecutors and other individuals in the criminal justice system do not have the training needed to understand the dynamics of intimate partner violence. There are also judges who have made sexist and misogynist comments during trials and judges who have ill-informed preconceptions about victims of gender-based violence.

The enforcement of this legislation would be incredibly important. While many judges who would oversee cases of coercive control would be provincial, the federal government has a responsibility to lead by example and to ensure that judges and lawyers who would work on cases of intimate partner violence, including coercive control, receive adequate training and that they be trauma-informed.

Survivors of coercive control are not only abused by their partners but also face retraumatization by the legal system itself. This needs to end, but that will only be accomplished if the government stops delaying and dragging its feet, and makes the reforms needed to support survivors of intimate partner violence. Survivors need a criminal justice system that supports them instead of revictimizing them.

Today, while Lisa is out of the relationship with her abuser, he is still able to control her through her children. While there are pieces of this legislation that touch on the fact that coercive control can include having children withheld from people or having threats of violence against children to control people, the topic of parental alienation is not considered in this legislation.

We have heard from stakeholders like the National Association of Women and the Law that parental alienation is a controversial concept not founded in scientific evidence. It is used in clinical and legal settings to describe when children are refusing or resisting contact with a parent. Abusers use accusations of parental alienation as a form of coercive control.

Unfortunately, this concept continues to be weaponized against women in abusive situations. It is weaponized to silence them, to remove children from their care and to remove them from the care of the victim of abuse, simply because the children do not want to spend time with the abusive parent.

Organizations and frontline workers have been ringing the alarm bell on this. More than half of workers in women's shelters in Quebec describe the accusations of parental alienation as a core priority for their shelter or their organization. It is one of their primary concerns.

It is a real issue that has impacts not only on mothers, but also on children who may be facing situations of abuse or witnessing that abuse. The impact of that abuse is so widespread, and it affects women who are in women's shelters or in the health care system, as they access our judicial system, and it has impacts on how they participate in our economy. While I hope that this bill, Bill C-332, can be voted on and passed, I urge parliamentarians to consider the very urgent need to train judges, to train everyone in our criminal justice system, to change the legislation, to better support victims of intimate partner violence and to better support parents facing discrimination in our criminal justice system.

I want to take a moment to thank the many organizations that have come together to support this bill, Bill C-332, and who have had a hand in crafting it. I am thinking of Sagesse and many of the organizations in my home community of Victoria, which includes the Victoria Women's Transition House and the Cridge transition house.

I want to thank my colleague, the member for Esquimalt—Saanich—Sooke, for his continued efforts to ensure that we criminalize coercive control. He first tabled a version of this bill in a previous Parliament and has been an incredible ally not only to victims of abuse, but also an ally to me in this Parliament and an ally to women who face gender-based violence on a daily basis.

I also want to thank the courageous people who have come forward to share their stories, and they include the many survivors of intimate partner violence, the family members who have shared their stories of loss and the professionals who have been working on the front lines of the crisis of gender-based violence and the crisis of intimate partner violence and who have been continuing to advocate every day.

I also want to thank my sister who shared her story and who allowed me to share her story. She has pushed and supported me throughout this process to make sure that we are better supporting survivors of intimate partner violence and gender-based violence.

These issues are so deeply rooted in our society, and we must do more. As we have seen a rise in intimate partner violence, we know that the cost of living crisis, the pandemic and all of these stresses have a detrimental impact on intimate partner violence. We need to come together in this chamber not only to pass this bill, Bill C-332, but also to commit to giving victims and survivors the tools they need to not only leave abusive situations, but also to find justice in our justice system.

The House proceeded to the consideration of Bill C-332, An Act to amend the Criminal Code (controlling or coercive conduct), as reported (with amendments) from the committee.

Department of Justice—Main Estimates, 2024-25

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Chair, we are very aware of Bill C-332. I thank the member for the fact that this bill was generated from his party, and also for the fact that there was a lot of collaborative work that was done to make strategic amendments to improve the content of that bill.

My understanding is that this bill is coming up for third reading, and we are very dedicated as a government and as a party to addressing issues of gender-based violence and intimate partner violence. Coercive control is part of that continuum. The fact that other nation-states with which we are allies have addressed this issue already prompts us to act at a faster pace to try and ensure that this bill becomes law as soon as possible, at least through its passage through the House of Commons and off to the Senate.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Chair, members from all sides of the House have supported the creation of a new offence in the Criminal Code for coercive and controlling behaviour. Bill C-332 is scheduled to return to the House for report stage and third reading next week.

Can the minister tell me when the government will act and implement the changes to the Criminal Code that are urgently needed to protect survivors, families and children who are at risk of coercive and controlling behaviour and escalating threats of harm and violence?

Is the government committed to fast-tracking the implementation of the legislation, given the all-party support?

[Andréanne Larouche, Bloc, Shefford, QC]

I don't know if you had a chance to read the article by Stéphanie Grammond that appeared in La Presse this morning. You mentioned rising demand and the lack of resources needed to meet it. In her article, Ms. Grammond laments the fact that, since the start of this year, 14 femicides have been committed in Quebec, more than for all of 2023, and this is only the month of May.

Ms. Grammond has addressed the issue because various groups in Quebec are calling for a bill. However, right now at the federal level, Bill C-332, which the Standing Committee on Justice and Human Rights has considered, refers precisely to the criminalization of coercive control. Ms. Grammond emphasizes the following with regard to the bill: But there's no consensus on the issue. Some people argue that the definition of coercive control is vague and that certain acts that fall under that heading are already criminal, such as the act of intimidating people by stalking, threatening and depriving them of their keys and cell phones.

You mentioned in your presentation that some individuals use many tactics and various types of coercion. Do you think there are currently enough measures in the Criminal Code to punish someone who would stalk and threaten individuals and steal their keys and cell phones?