Official Hansard
Mr. Speaker, I will be splitting my time with the member for Hamilton East—Stoney Creek. I rise today to speak to Bill C-16, the protecting victims act. The name of this bill sets a high standard. Protecting victims is the single most important part of any justice system. Canadians rightfully expect a system that supports those who have been harmed, protects the vulnerable and holds offenders accountable for their actions. Bill C-16 attempts to address a number of serious issues, including intimate partner violence, sexual exploitation, sexual violence, victims’ rights and delays in our justice system. That expectation has not always been met in our justice system. Too often, victims feel like an afterthought. Too often, families are left waiting for justice. Too often, Canadians are left to wonder whether our justice system is putting the rights of offenders ahead of the safety of communities. Many Canadians saw that in a recent case in Kitchener, where a former neurologist was acquitted on 48 sexual assault charges. Dozens of victims gathered the courage to come forward and share their stories, and the justice system left them feeling unheard and brushed aside. We can agree in this place that it takes a tremendous amount of courage for a victim to come forward with their experience. When they do, it is important that we treat them with dignity, listen to their concerns and ensure that their voices are heard. That is why, when legislation like this comes forward, we must hold it to a high standard. There are parts of this bill that would be steps in the right direction. One of the biggest changes would be the creation of a new offence relating to coercive and controlling behaviours in intimate partner relationships. Many people think that the abuse begins when someone is physically assaulted, but it often starts long before that. It starts with manipulation, isolation and threats. It starts with controlling where a person goes, who they see, who they spend their time with, what they spend their money on or how they live their daily lives. These behaviours slowly chip away at one’s independence and leave people feeling trapped in dangerous situations. By the time physical violence occurs, the warning signs may have been there for months, sometimes even years. Recognizing those warning signs in law is an important step. If interventions can come earlier, lives may be protected and future violence may be prevented. Another story from my riding is of a woman who was strangled by her husband in front of their daughter. Today, she and her daughter are living in a domestic violence shelter, trying to rebuild their lives and find safety, yet despite a guilty plea, the man responsible remains here in Canada illegally. When victims and their families are left in situations like this, they are left asking simple questions: Where is the accountability? That is why getting legislation like Bill C-16 is incredibly important. Victims need more than words. They need to know that the justice system will protect them, support them and hold offenders accountable for the harm that they have caused. This bill also includes measures aimed at combatting child exploitation. This, especially, is an area where Parliament should be united. Technology has created incredible opportunities but also real dangers. For all the parents in this place, we can agree that we are raising children in a world that looks very different from the one we grew up in. Predators can reach children so easily through social media, phones, computers and gaming platforms. These threats are real and our children need to be protected. This bill would also update the law surrounding intimate images and digitally altered sexual images. Whether an image is captured with a camera or generated with AI, the impact to victims is devastating. Reputations can be destroyed. Careers can be damaged. Mental health can suffer, and relationships can be affected. Victims deserve protection regardless of how that image was created. For many victims, navigating the justice system can be overwhelming while they are already dealing with the trauma that it has caused. They may not understand what is happening with their case or how decisions are being made. They may feel lost in a process that can seem focused on everyone except the victim. That needs to change. Victims deserve information and respect, and they deserve to know that they matter. The Conservatives have worked constructively on this bill. We supported measures that would better protect victims, address cohesive control, combat child exploitation and strengthen victims’ rights. However, despite these positive measures, the bill also includes a major change to sentencing that deserves attention. The government says this change is about flexibility and discretion, but Canadians deserve to understand what it would actually do. This bill would allow a judge to bypass every mandatory minimum sentence in the Criminal Code, with a few exceptions. In other words, it would make mandatory sentences optional, and “mandatory” is not supposed to be optional. Why does this matter? It matters because mandatory minimum sentences exist for the most serious crimes. They represent the basis that certain crimes are so serious that there must be a minimum consequence when someone is convicted. It cannot be a suggestion. If a crime carries a mandatory minimum sentence, Canadians expect that to mean consistency and accountability across the board. There is no room for victims to wonder if the punishment will fit the crime. If mandatory sentences become optional, confidence in our justice system would be weakened even further. That is why the issue deserves serious attention. Our justice system already contains flexibility. Police officers use discretion when determining whether or not charges should be laid. Crown prosecutors exercise discretion when determining how cases should proceed. Prosecutors make decisions every day about what charges to pursue and what position to take before the court. When Parliament created a mandatory minimum sentence, it did so because Canadians expect a certain level of accountability for a serious crime, and we did not do that by accident. Canadians may disagree on what that line should be, but they understand that there should be a line. What they do not understand is why Parliament would establish a line and then create a way around it. I hear a lot of frustration from people in Kitchener Centre, and, frankly, from people across the country, about what feels like a growing gap between what the justice system says and what it actually does. People hear that a crime carries a mandatory minimum sentence, but then they find out that the sentence might not actually be mandatory. They hear that victims are the priority, but then they watch victims spend years navigating a system that feels confusing and overwhelming. They hear that public safety comes first, but then they read stories about repeat offenders just cycling through the justice system again and again. Whether those perceptions are fair or not, they are real, and public confidence matters. Our justice system depends on trust. People need to believe that the rules are applied fairly, that serious crimes are treated seriously and that victims matter, full stop. That is especially important when we are talking about crimes that leave lasting scars on victims, families and entire communities. The effects of violence do not end when a court case concludes. Victims carry those experiences for years. Children carry them for a lifetime. Families carry them for a lifetime. Anyone who has sat across from a victim of violence knows that the impact reaches far beyond the courtroom. Accountability matters, not because accountability can undo the harm it caused. It cannot. Accountability matters because it tells victims that society recognizes the seriousness of what happened to them, and it tells them their suffering matters. Canadians are increasingly concerned about public safety. Repeat offenders cycle through the system, and victims struggle to get justice, so why would we yet again weaken the consequences for offenders, while victims try to rebuild their life? Let us think about that. While victims are left traumatized, Parliament would create another pathway for offenders to avoid consequence. That is not what Canadians think of when they hear the words “protecting victims act”. Canadians want accountability. They want consequences. They want confidence that when Parliament says a sentence is mandatory, it actually means that it is mandatory. We want a justice system that protects victims while holding offenders accountable. I would like my community to know that I am not voting against protecting victims of intimate partner violence. I am not voting against protecting victims of child exploitation. I am not voting against victims of sexual violence. I am not voting against protecting victims’ rights within delays in the justice system. What I am voting against is making mandatory minimums optional: clause 63. When it is eventually spun that I voted against protecting victims, please remember that I voted to ensure that victims are actually protected by ensuring that mandatory minimums remain, not as an option.
