Remarks to Senate Standing Committee on Social Affairs, Science and Technology / Bill S-249, An Act Respecting the Development of a National Strategy for the Prevention of Intimate Partner Violence

May 2, 2024

Honourable Chairperson and Members of the Committee,

Thank you for inviting me. My name is Ben. My pronouns are he/him/il/lui. I’m grateful for how you have been holding space for this conversation on intimate partner violence (IPV). I was really happy to see your compassionate response to Ms. McGrath and Senator Manning. To Ms. McGrath and other survivors, you are not alone. We are listening.

We are on the unceded, un-surrendered territory of the Anishinaabeg Algonquin people. In a recent meeting with the Ontario Native Women’s Association, I learned that colonialism targeted the power of Indigenous women. I want to honour the leadership of organizations led by Indigenous women who are using their power for community transformation.

Every day, survivors contact our Office to learn about their rights, the services available to them, to ask for help when a federal agency doesn’t treat them fairly, or to share concerns about gaps in the criminal code that leave them unprotected.

In 2023, our Office was contacted over 100 times because of IPV. Survivors were concerned about how they were treated when they asked for help, and about decisions made by police, crown prosecutors, and judges that caused secondary harm. Some survivors who requested updates were not kept informed about the status of the investigation, in violation of their rights to information and protection under the Canadian Victims Bill of Rights .

The Mass Casualty Commission and the Renfrew County Inquest in the Upper Ottawa Valley concluded that IPV is an epidemic in Canada. What Ms. McGrath described is happening every day. The Desmond Fatality inquiry and service providers across Canada are calling for better coordination and information sharing, including health care data. In my former role as a researcher, we found that survivors of violence in Canada are more likely to access health care than victim services.

Survivors experience intersectional barriers to justice based on race, geography, income, access to housing, gender identity, sexual orientation, age and abilities. Women experience the highest rates of injury from IPV, and misogynistic violence leads to femicide. Children experience collateral damage. And when men are abused, it can be difficult to find help or be believed.

I encourage the Committee to also consider the needs of gender-based violence workers. Two recent reports from the Ending Violence Association of Canada and Women’s Shelters Canada highlight the sustainable funding crisis in the GBV sector.

1. It’s clear that we need a national strategy.

You have heard about government investments and the National Action Plan to End Gender-Based Violence. I believe Bill S-249 is complementary to the National Action Plan, which is time-limited. The Bill could be amended to permanently require a national strategy.

2. We need to engage the heath care sector.

I support the active offer of information on legal assistance and services when health care providers suspect their patient is experiencing IPV. I would be cautious about a duty to report as it may discourage survivors from accessing care and put them at greater risk.

3. We need innovative and disruptive interventions.

WomanAct in Toronto has a project called Safe at Home which is working to advance a survivor’s right to stay in their home or move into permanent housing when leaving an abusive relationship. They have identified best practices such as exclusion orders which require the perpetrator to leave the home, or housing provisions that consider IPV a breach of the lease agreement allowing a perpetrator to be evicted and the survivor to remain.

4. We need to strengthen accountability.

The UK has a Victim Commissioner and a Domestic Abuse Commissioner who is an independent voice for survivors of domestic abuse. As Federal Ombudsperson for Victims of Crime, I know the importance of independence to advance survivor interests. Many of the levers to address IPV in Canada are within provincial and territorial jurisdiction, but there is an important role for federal leadership. Rather than creating an additional organization, it would be more cost-effective to strengthen the Federal Ombudsperson into a Federal Commissioner for Victim and Survivor Rights with a Deputy Commissioner focused on IPV. This approach would be efficient, avoid duplication, improve data, strengthen advocacy for victims’ rights and reduce administrative costs.

Alternatively, our Office already has jurisdiction to provide advice to Ministers and review complaints from victims of crime. In February 2024, we launched a national systemic investigation into the experiences of sexual assault survivors in the criminal justice system. In a future year, we could conduct a similar independent review on IPV.

Thank you again to Senator Manning and Georgina McGrath.