Our Observations on Bill C-14: Criminalization is not Prevention

Aura Freedom and the Barbra Schlifer Clinic collaborated on a joint feminist submission to Canada’s Department of Justice on Bill C-14. Endorsed by numerous feminist and GBV organizations, our position on Bill C-14 is informed by decades of trauma-informed, intersectional work and national initiatives addressing the criminalization of survivors. We believe Bill C-14 should be amended to avoid further criminalizing survivors of gender-based violence* (GBV), particularly those who are Indigenous, Black, racialized, migrant, disabled, 2SLGBTQIA+, or otherwise marginalized.

In our joint work, we are seeing an increasing number of survivors of gender-based violence criminalized–a deeply concerning trend that underscores the urgency of legislative reform which considers the potential harms to survivors, both directly through ongoing criminalization and systemic abuse, and indirectly through refocusing efforts on punishing perpetrators rather than supporting survivors. It must also consider the deeply complex and nuanced experiences of survivors, rather than “one size fits all” solutions.

It is true that good legislation can and has contributed to positive advancements in the eradication of gender-based violence. Indeed, there is value to advancing women’s rights and safety through law, and we have seen feminist legislation facilitate many positive changes – especially when potential harms are carefully considered. Yet, we must recognize that true societal change lies beyond carceral measures and instead hinges on the willingness of governments and leaders to move upstream and address the root causes of GBV, challenging the normalization of gendered violence and ending the ongoing perpetuation of it within our culture, society, and systems.