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e-4062 (Justice)

E-petition
Initiated by Andrea Silverstone from Calgary, Alberta

Original language of petition: English

Petition to the Minister of Justice

Whereas:
  • More than 4 in 10 women and 6 in 10 Indigenous women experience intimate partner violence in their lifetime;
  • A woman is killed by her intimate partner approximately every six days in Canada;
  • The current understanding of intimate partner violence and domestic violence needs to be changed to include coercive and controlling behaviour to fully reflect the many shapes that violence takes; and
  • Police and the justice system lack adequate tools to effectively intervene in situations of coercive and controlling behaviour because they are not captured in current criminal law.
We, the undersigned, residents of Canada, call upon the Minister of Justice to:
1. Act expeditiously on the recommendations of the Standing Committee on Justice and Human Rights report entitled “The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships”, including establishing the task force called for in the report as soon as possible;
2. Recognize the urgency of tabling legislation in the House that would add a coercive and controlling behaviour offence to the Criminal Code of Canada without delay; and
3. Ensure substantive recommendations are presented to the federal, provincial, and territorial governments on how to improve supports for survivors of coercive and controlling behaviour in their interactions with the legal system and in re-establishing their lives.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary Gary Anandasangaree

Gender-based violence and intimate partner violence have no place in Canada

Our commitment to the dignified and respectful treatment of survivors of sexual assault is unwavering. Under former Bill C-3, new superior court judges will be required to undergo training on the myths and stereotypes associated with sexual assault. This former bill also mandates participation in general social context training, which includes social and cultural factors. We also provided additional funding to the Canadian Judicial Council to provide more training on sexual offense laws to all judges.

Our government is working hard to maintain public confidence in the criminal justice system and directly support victims and survivors of gender-based violence.

In 2019, former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, strengthened that response, including by adding a definition of intimate partner violence and including by creating a reverse onus at bail for accused charged with a violent offence involving an intimate partner, if they have a prior conviction for violence against an intimate partner; requiring courts to consider prior intimate partner violence convictions when determining whether to release the accused or impose bail conditions; clarifying that strangulation, a form of violence frequently committed in the IPV context, constitutes an elevated form of assault and a more serious form of sexual assault; and, allowing a higher maximum penalty in cases involving an offender who has a prior conviction of intimate partner violence.

Addressing the ongoing experiences of violence against Indigenous women and girls is a priority for the Government of Canada. In addition to legislative reform, the Department of Justice continues to work with partners to develop an Indigenous Justice Strategy, as well as to further implement the Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan.

The Government welcomed the Standing Committee on Justice and Human Rights’ April 2021 Report entitled, “The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships”, and tabled its response on September 15, 2022. The Government is open to the Report’s recommendation to develop a new coercive control criminal offence. To that end, the Government is carefully monitoring Bill C-202, An Act to amend the Criminal Code (controlling or coercive conduct), which proposes to create such an offence. Our government has made it a priority to end all these forms of violence and is committed to ensuring that the legal framework addressing IPV remains relevant and responsive.

Open for signature
July 8, 2022, at 8:47 a.m. (EDT)
Closed for signature
September 6, 2022, at 8:47 a.m. (EDT)
Presented to the House of Commons
Randall Garrison (Esquimalt—Saanich—Sooke)
October 25, 2022 (Petition No. 441-00800)
Government response tabled
December 8, 2022
Photo - Randall Garrison
Esquimalt—Saanich—Sooke
New Democratic Party Caucus
British Columbia