National Strategy for the Prevention of Intimate Partner Violence Bill
Second Reading--Debate
November 1, 2022
Moved second reading of Bill S-249, An Act respecting the development of a national strategy for the prevention of intimate partner violence.
He said: Honourable senators, I welcome the opportunity this afternoon to say a few words to begin the second reading of Bill S-249, an act respecting the development of a national strategy for the prevention of intimate partner violence.
For those senators who may not be aware, this is my second attempt, albeit with some minor adjustments, to have this piece of legislation become the law of the land. I first introduced a similar bill to this chamber on April 24, 2018. Yes, I did say 2018, so I am hoping for the chamber’s support to see this version of Bill S-249 cross the finish line in a reasonable time frame.
With that in mind, I once again want to begin my remarks today with a quote from Kofi Annan, the former UN Secretary-General:
Violence against women is perhaps the most shameful human rights violation. And, it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.
It is with mixed emotions that I stand before you today to talk about and seek your support for this piece of legislation. I will use my time to explain the origin and purpose of this bill, but even more importantly, I want to use my allotted time to put forward some of the reasons I truly believe this national strategy is needed more today than ever before — needed even more today, my fellow senators, than in 2018 when I first brought it forward.
On one hand, I am proud to be the sponsor of this bill, though at the same time I am extremely sad and disappointed that we still live in a world where this serious issue is continuing on its ugly path. The cloak of secrecy around intimate partner violence has created a travesty of justice that has prevailed because of fear, stigma and the absence of a law to protect the most vulnerable in our society. It is time for all of us to come together to lift that cloak of secrecy, and to create solutions that will give so many of our fellow Canadians an opportunity to have a choice, where neither one exists today. We are long overdue on seriously addressing this issue, and the fact that we live in the greatest country on earth does not mean that all our citizens live without fear. Many continue to be abused physically, mentally, emotionally, sexually, financially and in many other ways. We have much work to do in addressing the concerns and issues of intimate partner violence. I hope this piece of legislation is a solid building block to doing just that.
My work on this legislation began with a phone call I received in early 2017 from a woman who had summoned the courage to try to make a difference and who has become a very strong advocate for this cause. Through her efforts, she has given a voice to all those abused women who were and still are unable to speak for themselves.
With her permission, I am going to tell you her life story. Hopefully, you will then understand the origin of this bill and why I feel it is so important that we join forces to give a voice to those who have been battered and abused, and to provide them with an avenue where they feel they will have somewhere to turn when the need arises.
This is the story of a brave and courageous woman by the name of Georgina McGrath from the small town of Branch in St. Mary’s Bay, Newfoundland. While at the present time Georgina is experiencing a very peaceful solitude on her life’s journey, it has not always been that way.
Georgina grew up in Labrador City, and today, at the age of 53, she can honestly say that she is a survivor of intimate partner violence and a survivor of a suicide attempt. She has shared her story in the hope that she can help others who find themselves on the receiving end of a fist and the verbal abuse that often comes with it.
Georgina is a daughter, a sister, a niece, an aunt, a mother-in-law and a friend. Most importantly, she is the mother of two amazing adult children — her 33-year-old son Nathan and her 32-year-old daughter Kelty — and, today, she is the very happy and proud grandmother of 3-year-old Thomas. Georgina is the first to say that she will always be a victim of intimate partner violence, but she quickly follows up with this proud statement: She refuses to ever allow that period of her life define who she really and truly is. I have sat and talked with Georgina on many occasions. I admire her strength, her determination, her passion and her resolve to expose the abusers and have them pay for their crimes, as well as make this country a place where abused persons will have someone to reach out to in times of need.
Georgina had a life that most people would dream about. She owned her own company in Labrador City for eight years and had more independence than most people could ever wish for. At times, she employed up to 30 people, and her financial situation and future looked very bright indeed. She won national and international awards for her work, and she was enjoying life as a contributing member of our society.
That all changed when she met a man who would become her first abuser. From that relationship, she received constant emotional, mental and physical abuse, and, in the end, it was a gun to her head that was the last straw.
Following that relationship, Georgina was diagnosed with PTSD and fibromyalgia. She picked up the pieces of her life and, with the help of friends and family, continued to work at building her company. She had to provide for her two children, and the rewards of motherhood are what gave her the energy and determination to keep going.
She soon became good friends with a man from Ireland who had come to live in Labrador. He spoke in a nice manner, treated her well at the beginning and seemed to be genuinely concerned about the well-being of Georgina and her children. Their friendship grew into a relationship, and eventually they became a couple. She felt comfortable and happy again, let go of her insecurities and was willing to spend the rest of her life with this man. She wanted the relationship to work because failure was not something that she wanted to accept for her private life. They were working away, enjoying life and having fun — and Georgina felt that she had made the right decision this time, and was on track to a lifetime of happiness and security.
About a year later, in September 2013, Georgina and her partner travelled to Las Vegas for a holiday. Sadly, and unfortunately, that is the place where she received her first punch from this man who then became her second abuser. This time, however, she did strike back. The next morning, he looked at her and said, “You know, the best thing about you, GMac?” — that was the nickname he had given her — “You can get up and just forget that anything happened.” At that particular time in her life, that is exactly what she did, because she had become a pro at hiding what was happening to her.
She hoped things would get better, but, sadly, that was not to be. Her abuser continued his reign of terror over the next few months by giving her a black eye, cracking off a tooth and head‑butting her so hard that it resulted in a goose egg on her forehead. The increased physical abuse came with a torrent of emotional and mental abuse as well. Georgina strongly believes that all types of abuse go hand in hand.
On August 9, 2014, the night before her forty-fifth birthday, they were both out with some friends when her partner became verbally abusive with her. When they returned home later that evening, he went to the garage, drank a beer and then threw the beer bottle at Georgina’s head. Thank God, he missed. The next day, he sent her flowers and a note expressing his love for her — he signed the card “Yours truly.” Georgina told me it was incredible how good he was at manipulating her, and showing the rest of the world that he was this great and charming guy. In Newfoundland and Labrador, we refer to these types of individuals as “street angels and house devils.” Later that night, he told her that if he really wanted to hit her in the head with the beer bottle, he could have easily done so. It was all about his continuing efforts to have her in his total control.
September 25, 2014, could have been Georgina’s last day on earth, but somehow, through it all, she survived. The night started out with a movie and a glass of wine but quickly turned into a night of horror. A verbal argument was followed by a punch that quickly turned into a life-threatening beating. He pushed her to the floor, got on top of her and began to choke her. As she lay there on the floor, she could feel the life slowly draining from her body. When he pushed his face close to hers, she instinctively took the opportunity and bit him on the nose. He immediately released his grip and ran into the washroom to inspect the damage Georgina had inflicted on him. She somehow managed to get up from the floor, and then she ran and locked herself in the bedroom, but, in a blinding rage, he put his fist through the door, reached in and unlocked it. He pushed her to the floor again and started to repeatedly hit her on the side of the head. She managed to push him off, but he was stronger and pinned her to the floor once again and started hitting her on the other side of the head.
Unable to fight back any longer, Georgina lay there, waiting for that one punch that would end her life. He then turned her over and continued hitting her. He told her she was fat, ugly and wrinkly — and that nobody would ever want her. He then got up, went downstairs, grabbed a knife and went into the bathroom. Georgina, once again, somehow managed to get to her feet and, with her mind racing, put her body up against the door while he pushed and pushed. Eventually, he just gave up and, thank God, for some reason or other, he gave the knife to Georgina.
Georgina went downstairs and called her sister while he kept shouting obscenities at her, continuing to call her fat, ugly and wrinkly. During her time on the phone with her sister, Georgina just wanted all the abuse to stop, so she attempted to take her own life by overdosing on prescription medication. She swallowed six times the legal dose. Her sister could clearly hear the desperation in her voice. When she hung up the phone, she lay down on the couch to die. Georgina felt she could not continue any longer. Fortunately, her sister had the fortitude to call 911.
The next thing Georgina remembers is waking up in the hospital and seeing her two beautiful children at the foot of the bed. The abuser came to the hospital and told her that he did not understand why he did what he did to her. He did not acknowledge the fresh bruises on her face and body from the beating she had received from him just hours before. He just wanted her to come back home.
When her children asked the abuser several times what happened, he said it was in self-defence. Georgina’s daughter — who works in the field of child, youth and family services — told him that no one uses self-defence on someone else’s head. The only mark on him was where Georgina had bitten his nose. Georgina had severe trauma, including two ruptured eardrums, damage to both her temples, nerve damage to her face and bruises that took seven weeks to finally fade away. The mental and emotional trauma was unmeasurable.
On that September night in 2014, there was no one to protect Georgina. Basically, across this country of ours, there is no mandatory reporting of intimate partner violence. No person has the legal obligation to notify the proper authorities — not doctors, nurses, counsellors and not even employees of women’s shelters. The police did not investigate Georgina’s case because it was ruled a medical call — not intimate partner violence. There was no investigation into the fact that this man tried to take Georgina’s life before she tried to take her own.
After leaving the hospital and living with the fear of future abuse, Georgina finally took control of her life. It was not easy to take the giant step that would change her life forever. As a matter of fact, it took several weeks for Georgina — with the encouragement, once again, of family and friends — to find the courage to go to the police and press charges. By the time an arrest warrant was issued, the man was on a plane back to Ireland. The coward skipped the country before he could be brought to justice. Today, there is a Canada-wide arrest warrant for him if he ever sets foot on Canadian soil again. I highly doubt that will ever happen.
If you have never experienced the type of abuse that Georgina and many others, especially women, have endured, it may be easy to say, “Why doesn’t someone in that position just get up and leave?” There are many reasons why a woman does not get up and leave. In most cases, finances may not be available to do so, or perhaps there is nowhere to go, or no one to turn to for support and protection. Perhaps those who have been abused believe that, in some strange way, it is their fault. They are led to believe that they may have provoked the abuse, and that the stigma related to the abuse may be too much for some people to deal with on their own. There is always the fear that it could happen again, that the law does not protect the innocent and that the next time may be the last time.
Judith Lewis Herman, author of Trauma and Recovery: The Aftermath of Violence — From Domestic Abuse to Political Terror, explains the situation quite well:
The guarantee of safety in a battering relationship can never be based upon a promise from the perpetrator, no matter how heartfelt. Rather, it must be based upon the self‑protective capability of the victim. Until the victim has developed a detailed and realistic contingency plan and has demonstrated her ability to carry it out, she remains in danger of repeated abuse.
My fellow senators, that is the story of the abuse that Georgina McGrath endured and lived to tell us about. The sad reality, though, is that there are many others who were not so fortunate. Georgina told me several times that she cannot change what happened to her, but if her efforts to address this very serious issue can help another abused person, it will have been worth all the time and effort she has given to this cause. Georgina truly believes there is a reason she survived, and it is to change how we deal with the issue of intimate partner violence — to change the laws or to create new ones so that women, children, men and all abused people in our country will know they do have somewhere to turn to when it seems like the world has turned against them.
Since I began this legislative journey in the Senate, I have met with a large number of victims of intimate partner violence, families of those who have lost a loved one to intimate partner violence, police services, advocates seeking justice for victims, representatives of women’s groups and shelters and several community leaders throughout my home province of Newfoundland and Labrador. I have also talked with several health care professionals, especially those in emergency rooms, who have told me repeatedly of the frustrations they feel about being constrained by privacy laws when they have to deal with the victims of what they know is intimate partner violence. I have held several round tables where the opportunity has been provided for those who want to share their story.
Through it all, I have discovered a very sad reality. Many of the women I have spoken to want to do so privately, and after hearing their stories, I fully understand why. I have witnessed first-hand the fear in their eyes as they continue to look over their shoulders as they talk to me in whispers. I have respected their wishes for privacy whenever and wherever possible, and I want to take this opportunity to thank each and every one of these women for trusting me with their life stories. It has an incredible experience and has truly opened my eyes to the suffering and loneliness so many have had to endure. It has given me the resolve to ensure we adopt this piece of legislation so that we can begin the process of finding avenues to address this blight on our society.
I will not stand here today, fellow senators, and in any way pretend to have all the answers to deal with this sad reality that surrounds us, but I truly believe that by working together, we can and will make a difference. Colleagues, there is no other choice.
With the onset of COVID-19, my plans to travel, meet and talk with other concerned individuals and organizations throughout Canada were derailed. I am looking forward to doing just that when time permits me to do so. In my discussions throughout the past several years, I have become much more aware and indeed much more alarmed at what is happening in our country when it comes to the treatment of the victims and the families of the victims of intimate partner violence. I strongly believe that many of our citizens are not familiar with the overwhelming statistics that are available regarding this scourge here in our country. Allow me to bring some of those statistics forward while, at the same time, keeping in mind that there is much more information available, and I encourage my fellow senators and others to take the time to familiarize yourselves with the data that is easily accessible.
In this free and democratic country, on any given night, 4,600 women and their 3,600 children are forced to sleep in emergency shelters as a result of violence. On a single day, 379 women and 215 children are turned away from shelters in Canada, usually because the shelters are full to capacity.
Intimate partner violence has been identified as a widespread public health issue. In 2021, police in Canada reported that 114,132 people were victimized by an intimate partner. That is 344 victims per 100,000 population. It marked the seventh consecutive year of gradual increases for this type of violence, during which 8 in 10 — 79% — of the victims of such violence were women and girls. Specifically in 2021, there was a large increase in the rate of level one sexual assault, which is sexual assault violating the sexual integrity of the victim. In 2021, it was 22% higher compared with 2020. Level two sexual assault in intimate partner relationships, which is committed with a weapon or causes bodily harm, also increased by 6% compared with 2020. Intimate partner violence reported to police most often involved a current partner — 36% of cases — or, in 29% of cases, a spouse, followed by former partners at 21% and ex‑spouses at 12%. And 79% of the victims of intimate partner violence were women.
In 2021, 90 homicide victims in our country were killed by an intimate partner. Three quarters — 76% — of these victims were women and girls. The number of victims of intimate partner homicide in 2021 was higher than that of 2020, when there were 84 victims, and higher again than that of 2019, when there were 77 victims.
Since the onset of the COVID-19 pandemic in 2020, increased attention has been focused on the issue of family violence and intimate partner violence. With many individuals having to spend more time at home with household members, often living, working and studying in isolation during those uncertain and stressful times, there was and, in many cases, remains ongoing concern about the safety of individuals living in abusive relationships. This issue has been at the forefront of victim services such as shelters for victims of abuse for quite some time. Some recent reports allude to major increases throughout Canada as it relates to intimate partner violence during the COVID-19 shutdown. Statistics are still being compiled for that period on many different fronts. I am looking forward to receiving that information soon, which I do believe will assist my efforts in having Bill S-249 become law.
Protection orders and peace bonds have proven time and again to fail to protect victims from someone enraged and intent on inflicting harm on them. Along with others, this is one of the main reasons that many incidents of intimate partner violence are never reported to the police. Statistics tell us that only about 10% of intimate partner violence abuse is reported. That is very unfortunate, and we need to create a way for that to change and to see an increase in that number.
While physical assault leads the way, victims are subjected to abuse in so many other ways such as criminal harassment — also referred to as stalking — sexual violence, emotional and psychological abuse, financial and spiritual abuse, reproductive coercion and coercive control. As well, more prevalent than ever before, today we have technology-facilitated violence, also referred to as cyberviolence.
The damage inflicted on the victims of intimate partner violence is best summed up by a woman I met with earlier this summer who told me:
There are many acts of abuse I have endured that have never left a mark on my body but indeed have left scars on me that I can never erase.
Approximately 50% of women over the age of 16 in Newfoundland and Labrador will experience at least one incident of sexual or physical violence throughout their lifetime. This information is found on the website for the Western Regional Coalition to End Violence, an organization based in Corner Brook, Newfoundland. Their website also states:
This epidemic of gender-based violence is fostered by a society rooted in an oppressive discourse of patriarchal domination, authority and control. Gender inequality is both reflected in and reinforced by our social, economic, and political institutions as well as our ideologies and the culture of silence that surrounds violence against women and girls. . . .
We recognize that to address gender-based violence, it is essential to highlight the voices of women who have been silenced by marginalization. It is through their experiences of oppression and violence that we can recognize and comprehend the need for improvements and reform of legal, medical and other supportive service delivery for victims of gender-based violence.
Senators, there are three very important statistics that I want to reiterate to you today and ask you to please remember. The first is that in Canada, one in four women will be assaulted in their lifetime. The second is that only about 10% of sexual assaults are ever reported to the police. Third, very tragically, intimate partner violence costs lives: In Canada, a woman is killed by an intimate partner approximately every six days. The reality of these numbers is staggering and should be of grave concern to everyone listening today.
Findings from the 2019 General Social Survey – Canadians’ Safety (Victimization) show that there were approximately 432,000 women and 279,000 men in Canada who experienced spousal violence in the five years preceding the survey.
Due to the complexities of intimate relationships, spousal violence is particularly susceptible to under-reporting to police. As a result, self-reporting experiences of violence are an important complement to police-reported data.
Intimate partner violence tends to happen repeatedly for some victims; about 3 in 10 women victims of intimate partner violence report experiencing at least one type of violence —
My apologies, Senator Manning. It is now six o’clock and, pursuant to rule 3-3(1), I am required to leave the chair until 8 p.m. unless there is an agreement that we not see the clock.
Is there agreement?
No.
I hear a “no.” The sitting is suspended until 8 p.m.