Re: Bill C-332, An Act to amend the Criminal Code (controlling or coercive conduct) Criminal Law Practitioners’ Concerns

The Bill seeks to amend the Criminal Code to create a new criminal offence of “engaging in controlling or coercive conduct” that has a significant impact on the person to whom the conduct is directed. [...] (See Evan Stark, whose work informed the development of this offence, explain the nuanced complexity of what coercive and controlling is and why it often difficult to appreciate)8 Another feature of the concept of coercive and controlling behaviour is the cluster of behaviours that are often dismissed by characterizing the victim as overstating their experience or being too sensitive. [...] For the term child, we recommend increasing the age to 19 years because the intent of the coercive and control offence is to sanction behaviours directed against or in the presence of a child. [...] (2) For subsection (1), that the course of conduct was reasonable in all the circumstances is taken to be proven if: (a) evidence adduced is capable of raising an issue as to whether the course of conduct is reasonable in all the circumstances, and (b) the prosecution does not prove beyond reasonable doubt that the course of conduct is not reasonable in all the circumstances. [...] For the term child, we recommend increasing the age to 19 years because the intent of the coercive and control offence is to sanction behaviours directed against or in the presence of a child.