This House of Commons committee meeting on the Status of Women studied section 810 of the Criminal Code and women's safety. Appearing were Deepa Mattoo (Barbra Schlifer Commemorative Clinic), Karine Gagnon and Jackie Huet (Crime Victims Assistance Centres Network), Laio Auger (Service de police de la Ville de Montréal), and Jennifer Davis (Waterloo Regional Police Service).
Deepa Mattoo argued that section 810 peace bonds are undermined by lengthy delays, a lack of guaranteed legal support, and conditions that fail to address coercive control or technology-facilitated abuse. She recommended adopting trauma-informed, survivor-centred reforms, including integrating social infrastructure like housing and child care, using dynamic risk assessment tools, and guaranteeing universal legal aid. She disagreed with the notion that harsher sentencing alone is a solution, stating that punitive measures have not made a significant dent in violence.
Karine Gagnon stated that the analytical framework for section 810 should be reviewed to better consider victims' rights, as the current system often focuses on perpetrators' freedoms. She highlighted problems with the short duration of peace bonds, the lack of ongoing risk assessment, and the common use of section 810 to avoid stays of proceedings under the Jordan decision, which can override victims' needs. She recommended that breaches of conditions should trigger a reversal of the burden of proof onto the perpetrator.
Laio Auger noted that in Montreal, applications under section 810 face a low authorization rate from the director of criminal and penal prosecutions due to an average five-month wait, leaving victims unprotected, while the municipal court offers faster decisions but lacks jurisdiction over newer measures like electronic monitoring. He supported the criminalization of coercive control and emphasized that section 810 is a crucial safety net, especially when victims disengage from the judicial process.
Jennifer Davis stated that section 810 orders are most effective for lower-risk situations but do not guarantee safety, and that multi-agency wraparound supports are necessary. She recommended investing in early intervention programs, mandating immediate firearm surrender and PAL suspension under section 810 orders, and formally defining coercive control in the Criminal Code. She expressed concern that GPS monitoring can provide a false sense of security, as it is often manipulated and places added strain on police resources.
Jackie Huet noted that section 810 is sometimes used to settle cases quickly due to concerns about the Jordan decision, which may not align with victims' wishes. She added that victims in Quebec often lack legal aid to initiate the process themselves, making it very complex for them to explain their fear for safety to the court.
The committee also heard testimony on the need for better training for police and other professionals to recognize coercive control, and on the importance of partnerships and prevention, including education for youth. There was discussion of the challenges posed by the Jordan decision, with witnesses noting that it can pressure prosecutors to use section 810 as a lesser evil to avoid stays of proceedings, sometimes against victims' interests. No procedural debate, motions, or votes were recorded during this meeting.
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