Response to parliamentary committees and external audits

Response to parliamentary committees

The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships

On April 7, 2022, the Standing Committee on Justice and Human Rights presented its report entitled The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships. The Committee’s recommendations are aimed at addressing intimate partner violence (IPV) and coercive control through legislative measures and programs/funding. A government response to this report was tabled on September 15, 2022.

In terms of an overall response to the report’s recommendations, the Government stated that addressing IPV, including coercive control and other forms of gender-based violence (GBV), continues to be a priority. The Government noted the actions and investments it has made to support services to victims, training of justice system practitioners, and to increase awareness of and put an end to GBV, family violence, IPV and coercive control. It also noted that it agrees with the Committee that coercive control in intimate partner relationships often occurs prior to physical forms of IPV and may escalate in severity, and that both IPV and coercive control cause significant harms to victims.

More specifically, in response to Recommendation 2 (engaging with provincial and territorial counterparts), the issue of coercive control was raised by the Minister of Justice and Attorney General of Canada at the Fall 2022 Federal, Provincial and Territorial (FPT) meeting of Ministers Responsible for Justice and Public Safety. Further, Justice Canada officials are working with provinces and territories on a potential new offence prohibiting coercive control and are engaging academics, gender-based violence advocates, service providers, and individuals to inform this work.

Specifically in response to Recommendation 3 (implement measures to combat the challenges faced by victims of coercive control), Private Member’s Bill C-233⁠^{Footnote 1}, An Act to amend the Criminal Code and the Judges Act (violence against an intimate partner)⁠^{Footnote 2}, was supported by the Government as amended, and received royal assent on April 27, 2023.

Of the 231 Calls for Justice that stem from the National Inquiry into Missing and Murdered Indigenous Women and Girls, Call for Justice 5.3 calls for the review and reform of the law regarding gender-based violence utilizing the perspectives of Indigenous women, girls and 2SLGBTQI+ people. Through former Bill C-75 (the Act), critical steps were taken to modernize and strengthen our laws including by broadening the parameters of intimate partner violence, imposing a reverse onus at bail for repeat offenders. For example, the Act requires a sentencing court in an intimate partner violence case to consider the increased vulnerability of female victims, particularly of “Aboriginal female victims”. Current sentencing provisions, which treat abuse against a spouse/partner as an aggravating factor, apply to current and former spouses/partners, dating partners, and family members. The on-going sentencing review includes a review of sentencing objectives and principles and the impact that the Gladue principle has had on decreasing the overrepresentation of Indigenous offenders in correctional institutions and on sentencing equity as it relates to violence against Indigenous women, girls and 2SLGBTQI+ people. Moreover, the Law Commission of Canada was reestablished as an independent body that provides non-partisan advice to the federal government on matters relating to the improvement, modernization and reform of Canadian laws. The Government of Canada announced the appointment by Order-in-Council of the President and Commissioners of the revived Law Commission of Canada in February 2023.

Finally, as part of the ongoing development of the Indigenous Justice Strategy, the Department funded 38 Indigenous partner organizations and communities to host Indigenous-led engagement and dialogue, and to identify legislative, program, and policy initiatives required to address systemic discrimination and overrepresentation of Indigenous Peoples in the justice system. Justice Canada is also supporting a complementary Justice Canada-led engagement process, to ensure that First Nations, Inuit, and Métis people from across the country are actively involved in informing the future IJS.

These initiatives have the potential to respond to Call for Justice 5.3 and have been highlighted in the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People. More recently, the Federal Pathway Annual Progress Report was released and is an account of work completed by the federal government during the 2022-23 fiscal year.

Preventing Harm in the Canadian Sex Industry: A Review of the Protection of Communities and Exploited Persons Act

On June 22, 2022, the Standing Committee on Justice and Human Rights presented its report entitled Preventing Harm in the Canadian Sex Industry: A Review of the Protection of Communities and Exploited Persons Act. The Committee’s recommendations are aimed at increasing protection for individuals engaged in the sex trade and preventing exploitation and violence. A government response to this report was tabled on October 20, 2022. It is important to note that the constitutionality of relevant Criminal Code provisions restricting aspects of the sex trade is currently before the courts and will be decided in due course.

In terms of an overall response to the recommendations of this report, the Government acknowledged that more must be done to address the risks and harms faced by all those engaged in the sex trade. The Government committed to continuing to study the complex issues raised by the Committee’s Report.

Specifically in response to Recommendation 4 (continue to monitor court cases pertaining to Criminal Code provisions on sex work between consenting adults), Justice Canada continues to monitor the Protection of Communities and Exploited Persons Act (PCEPA), including through relevant case law and research, and international developments. Justice Canada also continues to monitor jurisprudence and research related to the Criminal Code human trafficking offences.

Improving Support for Victims of Crime

On December 7, 2022, the Standing Committee on Justice and Human Rights presented its report entitled Improving Support for Victims of Crime, following its study of a wide range of victim issues in Canada, including a review of the Canadian Victims Bill of Rights (CVBR). The Committee’s recommendations are aimed at increasing support and assistance for victims within the criminal justice system. A government response to this report was tabled on April 17, 2023.

The thirteen recommendations called for a variety of actions in the areas of enhanced consultation and collaboration on the way forward; legislative reform; strengthened public education campaigns to inform victims and survivors of crime of their rights; increased training for criminal justice professionals; and additional funding for services and supports. The Government examined all recommendations and, as set out in the government response in more detail, engaged with the important issues they raised.” The Government examined all recommendations and as set out in the government response in more detail, engaged with the important issues they raised.

More specifically, in response to Recommendation 7 (work with provincial and territorial counterparts, stakeholders and victims to determine best way to support victims’ participation in the justice system), Justice Canada has continued its ongoing efforts to advance objectives of the Federal Victims Strategy. In particular, Justice Canada has continued to collaborate with provinces and territories through monthly meetings of the FPT Victims of Crime Working Group, which includes the directors of victims services from across the country. As well, Justice Canada organized Victims Week 2023, an annual event for which a total of 1,018 participants were registered, with representation from all provinces and territories, including participants from rural, remote, and northern regions in Canada, as well as participants from Chad, France, Mexico, South Korea, and the US.

As well, in Budget 2023, it was announced that there will be an increase for access to Family Information Liaison Units to $95.8 million over five years and $20.4 million ongoing, starting in 2023-24 to support families of missing and murdered Indigenous people and Indigenous victims of crime, including men and boys (MMIWG2S+).

The Defence of Extreme Intoxication Akin to Automatism: A Study of the Legislative Response to the Supreme Court Decision R v. Brown

On December 13, 2022, the Standing Committee on Justice and Human Rights presented its report, entitled The Defence of Extreme Intoxication Akin to Automatism: A Study of the Legislative Response to the Supreme Court of Canada Decision R. v. Brown. The Committee’s recommendations are aimed at promoting understanding of section 33.1 of the Criminal Code and related jurisprudence, countering misinformation, and ensuring the section fulfills Parliament’s objective in a manner consistent with the Canadian Charter of Rights and Freedoms. A government response to this report was tabled on April 17, 2023.

Overall, the Government recognized that the passing of amendments to section 33.1 occurred quickly in order to fill a legal gap but indicated that it believed that the legislative option chosen is constitutionally sound and effective at holding perpetrators of self-induced extremely intoxicated violence accountable. The Government committed to continuing to study the issues raised by the Committee’s Report and to continuing to assess the impact of the existing legislative framework.

More specifically, in response to Recommendation 1 (public awareness campaign) and Recommendation 2 (public communication plan), Justice Canada has continued public education on extreme intoxication through numerous publications online and on social media, and has monitored the impact of legislative reforms.

Specifically in response to Recommendation 4 (parliamentary review), Justice Canada will provide support to the parliamentary review of the legislation amending section 33.1 of the Criminal Code three years after the coming into force of the legislation, including by providing any national data (through Statistics Canada) that might be available, should it be carried it out in 2025.

Response to external audits

There were no audits in 2022-23 requiring a response.