Official Hansard
Mr. Speaker, I will begin by thanking my colleague, the member for Kamloops—Thompson—Nicola. Bringing forward legislation like this requires a willingness to engage directly with painful realities and to carry the weight of a story that no family should ever have to live through. The care and seriousness with which this bill has been developed shows a genuine commitment to protecting women and ensuring that intimate partner violence is finally recognized in law for the danger it presents, because a crime unpunished is a crime unrecognized and encouraged. I also want to thank all the members of the House for recognizing the importance of this bill and allowing it to progress this far. I sincerely hope that sentiment continues and that we are able to make this critical bill into law. It should come as no surprise to hear that crime is on the rise across Canada. We can see it in our daily lives. More and more Canadians are living in fear, and unfortunately, this trend extends to intimate partner violence. An increasing number of women are dying at the hands of their partners. Intimate partners are connected through trust, proximity and often financial or emotional dependence. The person causing harm is not a stranger. It is someone with access, knowledge and control. When the law ignores that context, it ignores the heightened risk that comes with it. When these relationships become violent, it is all the more isolating, and it is that much more difficult for victims to seek help. Further, when the numbers on intimate partner violence keep rising, it is a sign that the system is failing. Worse yet, when victims do seek help, like in Bailey McCourt’s case, the risks to them are still not addressed. Bailey was a young mother of two living in Cloverdale. She was trying to protect herself and her children. The relationship she was in had become violent and threatening. This was not even a single incident. The harm happened more than once, and the danger continued to escalate. On the morning of July 4, Bailey’s former partner appeared in court and was convicted of assaulting her. By then, the justice system had a clear picture. There was a history of violence, there was a pattern of behaviour and there was a woman who had already been harmed and had made her fear known. Even so, after the conviction, he was released without a requirement for a full assessment of whether Bailey’s life was still at risk. Hours later, Bailey was murdered in broad daylight. This shows that the system failed to treat intimate partner violence as the ongoing and escalating threat that it was. We heard from the families of victims of intimate partner violence during the committee study for this bill. These women were daughters, sisters and mothers, and died at the hands of someone they knew and trusted. These families expressed how the patterns of coercive control went unrecognized all the way through the process, even when it came to sentencing. Bailey’s death shows us where our laws fall short. Bill C-225 is about closing that gap. It is about making sure that when violence happens with an intimate relationship, the law responds with the seriousness it deserves. The bill would amend the Criminal Code to ensure that when an intimate partner is killed in the context of a pattern of coercive or controlling behaviour, that homicide is treated as first-degree murder. The same applies when the killing occurs while that coercion or control is taking place. In these cases, the law would no longer look only at the final act, but would recognize the pattern that led to it. Bill C-225 also speaks to cases of manslaughter involving an intimate partner. Where manslaughter occurs in the context of coercive or controlling behaviour, the bill would require the court to consider whether a sentence of life imprisonment should be imposed. It would not dictate the outcome, but it would ensure that sentencing fully reflects the seriousness of the circumstances. This bill would ensure that the law reflects what people already understand about how violence develops in relationships, and that this understanding is reflected at the point of sentencing. When there is a pattern of abuse, coercive conduct or controlling behaviour toward an intimate partner, that pattern must be treated as an aggravating factor. This is a very important step, because when people who work in policing, in shelters and in community services talk about these situations, they describe something very consistent, which is that violence within relationships rarely begins at its most extreme point, but instead develops over time, often starting with controlling behaviour, such as decisions about where someone can go, who they can see and how they can spend money, before moving into intimidation and eventually physical harm. By the time the situation reaches its most serious point, there has often been a long progression of behaviour leading up to it. When that progression is not clearly reflected in how the system responds, it leaves a gap between what is known about the situation and how it is ultimately treated. That is a gap this bill is addressing. One of the problems lies in how we look at violence in the law. An assault is largely treated the same, no matter the circumstances. Whether someone attacks a stranger on the street or harms the person they live with, trust, depend on and share their life with, the charge is often the same, but those situations are not the same. In Bailey’s case, what stands out is not only the outcome, but the fact that there were visible signs that the situation was becoming more serious. When those signs are present, they should influence how the case is treated, particularly when it reaches sentencing, because that is the point where the court is deciding how the offence is recognized and how it is addressed. This bill would ensure that those patterns are not overlooked or treated as secondary, but instead are recognized as part of the offence itself when the sentence is determined. There is also another part of this that is important to understand, and that is how situations can shift once the justice system becomes involved. There is often an assumption that once charges are laid, things are under control, but that is not how it works in practice. There can be a period where the situation becomes more unstable, particularly when the aggressor understands that consequences are approaching and that their freedom may be limited. That awareness can change behaviour and often escalate the threat. When we look at these situations from that perspective, it becomes clear why it is important for the law to take a full view of what has been happening, not just what happened at one moment, but the pattern that led up to it. That pattern often tells us far more about the level of risk than the final act alone. Families that have lived through these situations often describe the same experience: they saw changes, they recognized that things were getting worse and they tried to raise those concerns. We also hear that they are left wondering why the response did not reflect what was happening. That question never leaves them because the outcome of what happened to their loved ones can never be undone. When the response does not match the level of risk, families are left carrying that loss, and that stays with them so much longer after the case itself. Families are broken and children lose their mother. We have also heard from women who have had to take serious steps just to stay safe, leaving their homes and their communities because they did not feel protected where they were. When we take a closer look at what that actually means, it becomes clear that these are not small decisions. It means leaving behind stability, support systems and everything familiar just to create distance from someone who has become a threat in their life. It can involve finding a place to stay on very short notice, changing routines and trying to rebuild daily life while dealing with uncertainty and fear. For some, it goes even further. Victims might leave their region, their province and even the country they were born and raised in, because they believe it is the only way to protect themselves. When someone reaches that point, it says something about the gap between the level of risk they are facing and the level of protection they believe is available to them. In my community of Cambridge and North Dumfries, and all across Canada, Canadians are concerned about situations where risk builds over time and where they are not confident that those risks are being taken seriously enough. They are not speaking in general terms. They are speaking about what they have seen and experienced. They are asking whether the system recognizes danger early enough and responds in a way that reflects how serious it can become. For those reasons and more, I support this legislation. I would encourage all members of this House to take a close look at what this bill is doing and why it has been brought forward. We owe that to Bailey, to all victims, to their families and to women who may be in situations where the risk is already building. This is a step forward we can take together and it is one that will make a real difference because crime unpunished is crime encouraged.
