Ottawa Introduces Protecting Victims Act to Address Femicide and Exploitation

Based on coverage from Global News, The Toronto Star, InSauga, National Observer, and CityNews Vancouver.

New Federal Legislation Targets Gender-Based Violence

The Liberal government has introduced the Protecting Victims Act, a bill aimed at addressing gender-based violence and protecting children from online exploitation. Justice Minister Sean Fraser announced that the legislation would classify murders driven by control, hate, sexual violence, or exploitation as first-degree. When the victim is a woman, these murders would be defined as femicide. The bill also seeks to criminalize coercive or controlling behaviour against intimate partners, a conduct not currently specified in the Criminal Code.

Expanding Criminal Code to Combat Deepfakes

A significant aspect of the Protecting Victims Act is its expansion of the Criminal Code to include non-consensual deepfakes. This amendment aims to curb the distribution of intimate images created using artificial intelligence without consent. The legislation also targets threats to distribute child sexual abuse material and ensures that child luring offences explicitly cover extortion, addressing the growing issue of sextortion.

Addressing Justice System Delays

The bill proposes measures to tackle delays in the justice system, a move that has sparked debate. It suggests that courts consider alternatives to halting proceedings when delays occur, a remedy traditionally used under the Charter right to timely justice. The Canadian Civil Liberties Association has criticized this approach, arguing that it undermines Charter rights and calls for better funding of the justice system instead. Fraser, however, emphasized the need to prevent perpetrators of sexual violence from escaping justice due to procedural delays.

Provincial Support and Advocacy

The B.C. government has expressed strong support for the Protecting Victims Act. Attorney General Niki Sharma highlighted the bill's alignment with B.C.'s advocacy for compassionate amendments to the Criminal Code. The province has been pushing for changes that reflect the severity of intimate partner violence, ensuring that a history of abuse is considered evidence of premeditation in murder cases. Vancouver's Battered Women Support Services also welcomed the bill, particularly its recognition of femicide, though they stress the need for further action to prevent violence.

Broader Implications and Next Steps

While the Protecting Victims Act marks a significant step forward, it also calls for a comprehensive societal approach. Fraser emphasized the importance of investments in police, community organizations, housing, and addiction counselling to address the root causes of gender-based violence. The bill also restores mandatory minimum penalties deemed unconstitutional, allowing courts to impose sentences below the minimum in cases of disproportionate punishment. As the legislation progresses, stakeholders will be watching closely to see how these changes impact the justice system and the protection of vulnerable populations in Canada.

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