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Results: 1 - 15 of 46
View James Maloney Profile
Lib. (ON)
I looked at the definition, and I don't see that a child of somebody who is in prison, who has committed a crime, would fall under the definition of victim. However, if you're talking about things like parole hearings and the benefits available and access to information, there are situations where children have parents who have committed crimes of whatever nature and who are now suffering through no fault of their own.
Anybody can answer this question. Would you think it's a good idea that they be incorporated into the definition of victim somehow?
Julie Thompson
View Julie Thompson Profile
Julie Thompson
2021-06-03 11:49
If I could, I will attempt to offer some information in response to this question. While I can't offer an opinion on whether or not the definition should be adjusted to include children, I did want to offer that there are some information publications available to children who have parents who are being incarcerated. Not to put my colleague from Correctional Services on the spot, I've forgotten the name of the organization that provides that service. I'd be happy to provide it, but I'm wondering if Correctional Services might....
View James Maloney Profile
Lib. (ON)
Are there structures in place that do work with the children of perpetrators? Is that along the same lines as might be considered under the Victims Bill of Rights?
Kirstan Gagnon
View Kirstan Gagnon Profile
Kirstan Gagnon
2021-06-03 11:50
They do, yes.
Simon Lapierre
View Simon Lapierre Profile
Simon Lapierre
2021-02-16 11:17
Good morning, everyone.
As a result of numerous studies over the past 20 years with women and children who are victims of domestic violence, it's now clear that the perpetrators of this domestic violence use all sorts of strategies to maintain control over the victims and to deprive them of their freedom. Unfortunately, at present, many of these strategies commonly used by perpetrators are not offences under the Criminal Code. So they go unpunished and deprive the victims of resources, support and protection they need and are entitled to.
The criminalization of coercive control or controlling and coercive behaviour would therefore, as a first step, allow for a better validation of the experience of victims of domestic violence, whether women or children. It would also give additional tools to police, prosecutors and the various actors in the system to better protect victims. In addition, I believe that the criminalization of controlling and coercive conduct could pave the way for better training of the various actors in the criminal justice system, for new initiatives in prevention and intervention, and for changes in family law and child protection.
Lastly, I would like to draw your attention to three elements.
First, in this context, it seems extremely important to criminalize controlling and coercive conduct, and not isolated behaviours. The issue here is the accumulation of behaviours in a context of deprivation of freedom.
In addition, it seems extremely important to ensure that these offences cover incidents of violence that occur after separation and that they also apply even when spouses no longer live together.
Finally, I would like to draw your attention to the importance of carefully considering the situation of children in a context of controlling and coercive conduct. Children are very often at the heart of the strategies used by perpetrators of domestic violence to control their spouse or ex-spouse and deprive her of her freedom. The numerous studies we've conducted with children living in a context of domestic violence have shown that their experience is marked not only by exposure to specific incidents or acts, but even more so by daily exposure to a climate of tension and terror caused by controlling and coercive conduct. In this regard, I invite you to consider an approach similar to that taken in Scotland, for example, where offences involving controlling and coercive conduct are considered even more serious when they target children or when children are exposed to them.
View Michael Cooper Profile
CPC (AB)
Thank you very much for that detailed answer.
Mr. Lapierre, you mentioned children being victims of coercive and controlling behaviour. You said that we should look at what other jurisdictions have done in this area. Could you elaborate on that?
Simon Lapierre
View Simon Lapierre Profile
Simon Lapierre
2021-02-16 11:31
In fact, I was referring specifically to recent legislation in Scotland. In a context where children are exposed to or specifically targeted by controlling or coercive conduct, the offence is considered more serious. Just as the status quo doesn't work for women who are victims of domestic violence, it has been found that the status quo doesn't work for children living in the context of domestic violence.
We've done some research with children ourselves, and the results are consistent with that. There is a general tendency to consider that when children are exposed to domestic violence, they are exposed to isolated incidents or acts or a series of isolated acts. However, children's experience shows us that those who live in a context of domestic violence are in fact exposed to a set of strategies that correspond to controlling or coercive behaviours. These children are affected by the set of strategies deployed by the perpetrators of domestic violence. These strategies have repercussions on the mothers of these children, but also on the children themselves, since they live their daily lives in an atmosphere of tension and terror.
View Chris Lewis Profile
CPC (ON)
View Chris Lewis Profile
2021-02-16 11:53
Thank you very much, Madam Chair.
I promise you I'll keep it brief, but I do have to say three things. I'll say them very quickly.
Ms. Stephens, thank you for bringing up human trafficking today. I'm very glad that that discussion came forward. My riding is right beside the Detroit-Windsor Tunnel and bridge. We are, unfortunately, very much a human trafficking corridor.
Mademoiselle Lemay, I had a question for you. I'm not going to ask the question, but I do want to say that you said a word that really sparked my interest. It was “innovation”. That's the kind of thinking that we need going forward.
Monsieur Lapierre, I know you've kind of been cut off twice, so in however much time Madam Chair will give you, I would love to hear a little bit more about how that affects children.
Thank you, Madam Chair.
Simon Lapierre
View Simon Lapierre Profile
Simon Lapierre
2021-02-16 11:54
Earlier, someone mentioned a paradigm shift. I feel that a paradigm shift is also necessary in understanding the reality of children living in a situation of domestic violence. It must be understood that those children are not just witnesses of domestic violence or exposed to it, they are victims of it. They are its victims even when they are not actually in the house or the room where the acts of violence, the criminal acts, are being committed, because they are exposed to controlling and coercive conduct on a daily basis. Unfortunately, those children are living in a tense and terrifying climate and they are walking on eggshells day after day. They are not affected simply by being exposed to violence or criminal acts. Being exposed to a climate of tension and terror on a daily basis has an impact in the short, medium and long term on those children and on the ability of the victimized parents to meet the needs of their children.
View Rhéal Fortin Profile
BQ (QC)
Thank you, Madam Chair.
Mr. Lapierre, could you tell us more about the situation of the children? From your testimony, I gather that they are not only witnesses to the violence, but they are also victims of it. You used the example of a mother, a victim of controlling and coercive conduct, who may not be able to take care of her children as well as she would like. In those situations, neither the father nor the mother, regardless of who is the victim and who is the abuser, is able to provide their children with an upbringing that could be described as normal or adequate.
Here is my question. Should we not be working more in advance, by which I mean educating and training people to prevent such things from happening, rather than adding another criminal offence?
Once again, I hasten to add that I am not against the idea. I just want us to look at the possibilities outside the traditional system, as Ms. Lemay was proposing just now. Aren't we aiming at the wrong target? Should we not be working in advance to help the children, the victims and the abusers?
Simon Lapierre
View Simon Lapierre Profile
Simon Lapierre
2021-02-16 11:59
There is no quick and easy solution. No single measure will improve the system; it will take a series of measures. Yes, prevention, intervention and training must play a role. But I feel that legal tools are also needed in order to get this work done.
Let me give you a very quick and specific example that involves children. Consider the case of a child and a woman living in a situation of coercive control. Currently, the perpetrator of the violence would be charged with assault. Even if that were part of a series of strategies—
Simon Lapierre
View Simon Lapierre Profile
Simon Lapierre
2021-02-16 11:59
…assault charges are going to be laid. In addition, the accused will be issued an order prohibiting any communication with the mother, but he will still be allowed to be in contact with the child. Because the child was not there when the assaults were committed, he is actually not seen as a victim of that violence, even if, on a daily basis, he is exposed to all kinds of controlling strategies that deprive the mother of her freedom.
View Mike Kelloway Profile
Lib. (NS)
Thank you, Madam Chair, and hello, colleagues.
To the witnesses today, thank you for this conversation. It's a very important one on so many different levels.
My questions will be directed to Ms. Smylie.
The pandemic has been challenging for Canadians from coast to coast to coast. That would probably be the understatement of the year.
Isolation measures, such as remote learning, physical distancing, self-isolating and quarantining can put some children at risk of physical, emotional, sexual and domestic abuse and neglect. I'm wondering, based on your research and understanding, what could be done to identify and respond more effectively to children who are victims of abuse and neglect in their homes during this pandemic.
Lisa Smylie
View Lisa Smylie Profile
Lisa Smylie
2021-02-02 12:34
I do know that Public Safety Canada and others in the safety portfolio are working on this issue of child exploitation, in terms of making sure that there are services available and making sure we can leverage technology to recognize victims.
Again, I don't have the specifics in what we're doing. I have to get back to the committee on that. However, these are some of the things under the federal strategy for gender-based violence that are in place to address child exploitation.
View Randall Garrison Profile
NDP (BC)
Thank you very much.
I know I'm just about out of time, and so is the committee. I just want to return to something that was raised by Madam Findlay at the beginning.
That is the impact upon children in families in which a controlling behaviour takes place. Certainly I'm no expert, but I've begun to learn a lot about this, and I guess the biggest surprise to me was the very direct impacts upon children who witness this form of violence in their family relationships.
Perhaps I'll turn to Ms. Smylie—and anyone else—concerning the literature on the impacts upon children.
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