Honourable senators, I rise before you today to lend my support to Bill C-3, An Act to amend the Judges Act and the Criminal Code, which Senator Dalphond is sponsoring in the Senate.

Before I speak to this important legislation, I, along with Senator Anderson, would like to take a minute to acknowledge that today is Red Dress Day. This annual day of remembrance is a sombre event. These tragic stories are far too common in our communities. Every Indigenous person knows someone who has gone missing — bright, young, beautiful girls who have had their futures stolen for no other reason than that they were born Indigenous in Canada.

Since 2017, on May 5, we have gathered in community and in ceremony to honour and celebrate our lost relatives — our sisters — while we work toward a future where no Indigenous women will go missing or be murdered. Today, let us honour and remember those we have lost. Tomorrow, let us commit to ensuring there are no more stolen sisters.

Now I’d like to speak about the legislative background of Bill C-3 and highlight the often ignored link between animal abuse and interpersonal violence. This is an incredibly important issue to which I hope to bring awareness as well as highlight the importance of incorporating training on the violence link in the design of the Canadian Judicial Council’s educational seminars on social context.

The adoption of Bill C-3, a bill that aims to enhance the trust that survivors of sexual assault have in our judicial system, is timely and long overdue. It was initially introduced as Bill C-337 by the Honourable Rona Ambrose in February 2017 after she had noted a disturbing number of sexual assault cases that have shaken the public’s confidence in our justice system.

Unfortunately, Bill C-337 died on the Order Paper of the Senate with the dissolution of Parliament in 2019. Following the election, it was reintroduced as Bill C-5, which again died on the Order Paper with prorogation of Parliament in 2020.

Colleagues, it is long past time that this legislation is passed into law in our country. We need to begin the important work of rebuilding survivors’ trust in our judicial system, and I believe that starts with the passage of Bill C-3.

Taking into account the severity of sexual assault cases and their impact on the victims’ lives, it is imperative that judges obtain the necessary training in matters related to sexual assault law and related to social context, including systemic racism and systemic discrimination. Sexual assault survivors who choose to come forward should feel confident that they will be heard and treated with compassion, respect, understanding and dignity, and that the decision rendered will be free of bias, stereotypes and myths.

Honourable senators, I support Bill C-3, both as a lawyer and as someone who has been a vocal advocate for Indigenous women who have been wronged by the medical and judicial systems. It’s time the justice system meets the needs of sexual assault survivors.

During our committee hearings on the bill, we heard moving testimony from those who have experienced domestic violence and we heard from experts in the fields of justice and violence against women. Some witnesses highlighted the link between violence against animals and violence against women. In the committee’s report on the bill, the committee included an important observation about this topic. The committee heard evidence on the violence link, which is the evidence-based link between violence towards people — interpersonal violence — and violence towards animals — animal cruelty. An understanding of this connection is needed to properly adjudicate certain offences under the Criminal Code, including offences related to bestiality.

An understanding of the violence link is also important to properly apply the new definition of “family violence” found in the Divorce Act, which includes threats to, or the killing or harming of, an animal.

Moreover, judicial training on the violence link can help dispel myths and stereotypes about the behaviour of victims. For example, the committee heard how companion animals can be used to silence victims; that animal abuse is associated with an increased risk of severe intimate partner abuse including sexual abuse; and that many victims delay leaving their partners due to concerns for their pet’s safety. These factors can help with understanding the victim’s behaviour and protecting them from further victimization.

For these reasons, the committee suggests that training on the violence link be included in the design of judicial education seminars on social context.

Numerous studies have established a direct link between acts of cruelty to animals and violence towards people, and this has been referred to as “the link.” The understanding and recognition of the violence link are relevant and necessary for judges who are presented with sexual assault cases.

Evidence presented before the Standing Senate Committee on Legal and Constitutional Affairs demonstrated that pets can be used to silence victims, that animal abuse is associated with an increased risk of severe partner abuse and that many victims delay leaving their partner due to concerns for their pet’s safety.

This is even more true in the case of Indigenous women, who often have deep cultural and spiritual connections with their animals. Indigenous and racialized women in Canada experience much higher rates of violence than non-Indigenous women, and for this reason it’s imperative to acknowledge, understand and incorporate the violence link into the training that judges receive. These factors can help with understanding the victim’s behaviour and how pets can be used as a method of control and a form of violence towards victims of sexual assault. Training on the violence link would assist judges in their adjudication, ensuring victims are treated respectfully, fairly and equally.

Bill C-3 is a critical and positive step forward in ensuring that new judges are provided the necessary tools, training and support to properly apply the laws that govern sexual assault cases.

Thank you, fellow senators. I urge each and every one of you to assist in passing this bill at its final reading so that our judicial system can begin the work of rebuilding trust with survivors. Thank you. Marsee. Meegwetch.