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Monique St. Germain
View Monique St. Germain Profile
Monique St. Germain
2020-03-12 12:13
Thank you and good morning.
Ms. Chairperson and distinguished members of the committee, thank you for giving us the opportunity to provide a presentation on Bill C-5. My name is Monique St. Germain. I am the general counsel of the Canadian Centre for Child Protection, which is a registered charity dedicated to the personal safety of all children that has been operating for over 30 years.
For the past 17 years, we have been operating Cybertip.ca, which is Canada’s tip line to report the online sexual exploitation of children. Cybertip is a central part of the Government of Canada’s national strategy for the protection of children from sexual exploitation on the Internet. We also created and operate Project Arachnid, a global platform to reduce online child sexual exploitation.
Every day our agency bears witness to the brutal ways in which children are victimized online. The vast majority of the reports we receive through Cybertip relate to images and videos, material that depicts very young, prepubescent children, many of whom are pre-verbal and cannot tell anyone about the abuse they are enduring. Most of these children have never been identified by law enforcement.
We also work directly with survivors of childhood sexual violence, including those whose childhood sexual abuse was recorded. We know all too well the devastating and long-lasting impact that these crimes have on victims and their families. I am here this morning to express our agency’s strong support for Bill C-5 and to put forward our recommendations to specifically account for children in this bill.
First, the term “sexual assault law” is not defined in the bill. It should be crystal clear within the Judges Act that the term is meant to include all offences listed in clause 4 of the bill.
Second, the Criminal Code offences for which a record must be created does not include the offences related to commercial sexual exploitation of children or sex trafficking. This oversight must be rectified. Consideration should also be given to including offences that involve the use of technology such as the offence of making child pornography.
Third, the mandated inclusion in training that is set out in proposed paragraph 60(3)(b) of the Judges Act is incomplete when it comes to children. Topics that need to be included in training to be responsive to the needs of children include grooming, which is a process by which an offender lowers inhibitions and gains access and time alone with children. We actively monitor reported case law related to sexual offences against children, and it is clear that the Canadian courts need to deepen their understanding of this very common offender tactic.
Another topic is the age of protection or the age of consent. These Criminal Code provisions are complicated. They are specific to minors, and they reference concepts such as trust, authority, dependency and exploitation, all of which are critical legal concepts when it comes to a child’s capacity to consent.
A third topic is the dynamics of child sexual abuse. There are significant differences to consider between adult and child sexual assaults. The perpetrators are different. The extent of vulnerability is different. The tactics used are different. The rates of disclosure are different. Even the ability of the victim to recognize if something was or wasn't a sexual violation is different. All of these issues must be accounted for in any training if that training is to be responsive to children.
The online terrorization and manipulation of children that occurs via technology is unprecedented in today’s society. There are multiple complex Criminal Code [Technical difficulty--Editor]. We live in a world where children can be virtually assaulted and where live-streamed child sexual abuse is ever increasing. The impact on children of technology-related offences can be as serious as offences involving physical contact. It's essential that technology-facilitated offending be included in this training.
Finally, the history and purpose of various Criminal Code provisions that are meant to address the needs of children in the court process, such as testimonial aids, publication bans and section 161 of the Criminal Code, must be covered. These are incredibly important for children.
In closing, we see the concrete evidence of sexual assaults against children every single day. Children are far too often the victims of sexual assault. It is imperative that judicial education account for their unique vulnerabilities, their status as independent rights holders, and all of the Criminal Code provisions that exist to protect their interests. Children deserve to be understood by our courts, and to be fully accommodated throughout all court processes. Thank you.
View Sameer Zuberi Profile
Lib. (QC)
I want to shift the theme for a moment to go towards young people and children.
First off, I want to thank Ms. Grover for being so honest with us with what has happened to her in the past.
This is a question around children, essentially.
Do you feel that the courts are in a position where judges are able to appreciate the experiences of young people, the trauma that young people have suffered, and can fulsomely take in their testimony in a way that will allow for justice to be served?
You can both comment on that, Ms. St. Germain and Ms. Grover, please.
Monique St. Germain
View Monique St. Germain Profile
Monique St. Germain
2020-03-12 12:36
Okay. I think that when it comes to the court system, we have an excellent judiciary. We have different levels of competence and knowledge when it comes to children and specific issues surrounding children. For example, our judges who practice in family law areas would have a lot of different pieces of information and knowledge about children and child development. They would have that because of the type of work they do.
Our judges who hear criminal cases may not have the same kind of information and training. What we have found is an evolution in the judgments that we review. The language that is used, the understanding that is expressed, can vary considerably from judge to judge.
Training that takes that into account and helps to level the playing field a bit, and provides all of the judges with information that's relevant, I think would be much better for children.
Jess Grover
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Jess Grover
2020-03-12 12:38
We know that trauma affects developing brains differently, and often permanently. It doesn't necessarily permanently affect functioning, but it affects how your brain works, where things happen.
It's really important that when we are talking to children, we recognize that not only is development a spectrum, but that it is impacted by trauma. That is a very specialized form of psychology, so ensuring that is part of training and understanding is incredibly important, in order to find justice for child survivors.
View Rhéal Fortin Profile
BQ (QC)
Thank you, Madam Chair.
My thanks to all our witnesses for their significant contribution.
We all agree, of course, that victims must be better protected and that the judicial system must be adapted so that it supports and understands them better.
However, I must admit that I am troubled by what we are told about children who are victims of violence and sexual assault. We are hearing a lot about them these days. I somewhat agree with the witnesses on this, particularly with Ms. St. Germain and Ms. Grover.
Ms. St. Germain spoke briefly about the sort of unique environment for the Youth Division. The judges in that court work with young people on a daily basis and have a somewhat different approach. In many circumstances, for example, it is possible to hear the testimony of young children in a place other than the courtroom so that those children feel more comfortable.
First, do you believe that the training proposed for judges under Bill C-5 should be based on what is done in the Youth Division, or even be largely, but not identically, modelled on the division's approach?
Second, in what specific ways could we reduce the impact of sexual assault on young people and make it easier for them to testify?
Monique St. Germain
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Monique St. Germain
2020-03-12 12:40
I'm not sure I understand part of the question, but from our perspective, if you're getting at the special circumstances and treatment that happen under the Youth Criminal Justice Act, the act is really about children who commit crimes. We're talking here about children who are victims. That's something our whole legal system doesn't do a great job of recognizing. We're really good at recognizing the rights of children accused of crimes.
There will definitely be ways to reduce the victimization of children through the court process. These have to do with a lot of the victim services that are provided around the country, such as support persons being permitted in all courtrooms. We know that doesn't happen in all areas, despite the fact it is clearly in the Criminal Code.
We also know there is a tremendous gap in victim services, although not the ones delivered through courts, but the ones delivered after a trial is over. For the child, the trauma has not ended. The trial may be over from the criminal justice perspective, but for a child that victimization can go on for a lifetime, particularly if a child had imagery created of the sexual assault, because that can circulate online indefinitely.
Amie Kroes
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Amie Kroes
2020-03-12 12:42
The only thing I would call attention to, just based on what our colleague said, is that Kawartha Sexual Assault Centre funding only supports our working with youth and adults who are over the age of 12. We are not in a position right now to support these children as they work through the court process, or with them directly afterwards with their journey of healing after their experiences of trauma.
View Rhéal Fortin Profile
BQ (QC)
It is quite awful.
I understand that appearing in court can upset the children. Ms. St. Germain addressed the issue of young people and pointed out that the approach is different when it comes to young victims. Furthermore, Quebec has the Youth Protection Act; there are special provisions for young offenders, and she is right to point out that the approach for young victims is different.
I would like to know whether one of you could recommend concrete measures that we could incorporate into the bill to improve the support provided to young people when they appear in court. For example, I imagine that you would agree to have them testify outside court. What do you think of the idea of having them testify in a separate room, without the accused being present? Do you think that would help young people?
Lori Anne Thomas
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Lori Anne Thomas
2020-03-12 12:44
That's actually something that occurs anyway at this point. Right now, if there are vulnerable witnesses, be they adults or children, they can testify in another room. There are mechanisms in the current Criminal Code that are essential almost by default. The defence would have to argue why such mechanisms should not be used, such as having a child testify in another room or testify behind a screen or by video link. In addition, some courthouses, at least in Toronto, do have support animals for victims as aides. There are things currently in place.
I think that's already in the Criminal Code but I defer to anyone else if there is any other improvements they can see to address that.
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