THE SENATE
Wednesday, November 29, 1995
Firearms Bill Inquiry
The Honourable Senator Anne C. Cools
Honourable senators, spousal violence is an age-old problem.
Men and women connected by sexual relationships, upon the breakdown
of those relationships, are known to inflict hurt on each other. Some
even kill one another. Folk music is dotted with examples. The famous
folk song "Frankie and Johnny" relates an experience of lovers
and of lethal violence.
Frankie and Johnny were lovers,
Oh, Lordy, how they could love.
They swore to be true to each other ...
Johnny went by, 'bout an hour ago,
With a girl named Nellie Blye ...
Frankie got out at South Clark Street,
Looked in a window so high
Saw her Johnny man a-lovin' up
That high brown Nellie Blye ...
But Frankie took aim with her pistol
And the gun went root-a-toot-toot.
He was her man, but he done her wrong.
She, Frankie, shot Johnny dead.
Honourable senators, the Minister of Justice, the Honourable
Allan Rock, holds that spousal and domestic violence is a major reason
for this initiative, Bill C-68. Mr. Rock told the Ontario Women's Liberal
Commission on April 12, 1995:
There are women who are at risk in their homes and
police didn't have the information or the tools to protect them.
On other occasions, he has maintained that the firearms
issue is a women's issue. The Honourable Sheila Finestone, Secretary
of State for the Status of Women, agreed. In a news release of December
6, 1994, Mrs. Finestone stated:
"Firearms control is a life-and-death issue for
women in Canada."
Feminist groups repeatedly told the Standing Senate Committee
on Legal and Constitutional Affairs that women live in a constant state
of threat and fear of death inflicted by men with firearms in their
homes, and that children live in a constant state of threat and fear
of death inflicted by men with firearms in their homes.
Honourable senators, domestic violence is insufficiently
understood. We are just now beginning to gain some comprehension of
the terrible tragedy of spousal violence. Comprehension is also required
of feminine aggression.
Family violence is deeply troubling. My life's work has
been in the area of spousal and family violence. In many relationships,
there are tangles of pathologies, coercive patterns and numerous dynamics
which reinforce one another.
Many gender feminists interchange the term "domestic
violence" with "domestic homicide." This is not a true
picture. Most spousal violence will never reach the state of spousal
killing. The essential element that must be present if spousal conflict
is to become spousal homicide is murderous intent. I have seen several
relationships where murderous intent was present. Often, couples do
not recognize its presence, and have no insight into its workings. Murderous
intent is the key element. When present, there is a probability that
the situation could escalate to spousal killing, but spousal abuse has
no escalating spectrum. A spousal slap does not inevitably become a
spousal homicide.
Common spousal abuse is a different social problem from
spousal homicide. Spousal homicide remains a largely misunderstood and
tragic social program. Some bold initiatives are required to probe the
darkness that lurks in violence, sexual interaction and impulses to
hurt and to kill.
Honourable senators, I am disquieted that much testimony
before the Senate committee was either incorrect, inadequate, misstated,
manipulated, exaggerated or loaded as a gender issue. Some confounded
the issues. Their techniques include playing with percentages and combining
the unrelated, and are obvious to those knowledgeable in the field.
Honourable senators, various feminist groups appeared
before the committee to support Bill C-68. Ms Arlene Chapman of the
Alberta Council of Women's Shelters insisted that:
Almost half of the women killed by their husbands are
shot.
Ms Jill Hightower of the B.C. Institute on Family Violence
stated that:
Front-line transition house staff report that women
are frequently threatened by their partners, and many of these threats
involve firearms.
Ms Virginia Fisher of the Provincial Association of Transition
Houses Saskatchewan said that "...46 per cent of women killed by
their husbands are killed with guns" and that, "There are
50,000 women living in households with guns who feel their lives to
be in danger."
When asked about the number of women served by them who
have been killed by husbands using firearms, they declined to give numbers,
stating such reasons as, "I do not have that figure off the top
of my head" or "We do not have funding to do follow-up work
on what happens to women after they leave the shelter." These individuals
never supply hard, precise or accurate data to support their assertions
because supporting data does not exist.
Further, most of these individuals know little about
spousal homicide. Spousal homicide is a terrible occurrence, the understanding
and treatment of which eludes most agencies and helping professionals.
Moreover, the data collection mechanism at many shelters is indeed questionable,
since many shelters view data collection and research compilation as
male-dominated preoccupations. Many gender feminists are resistant to
scientific inquiry and investigation. Moreover, imagination and fantasy
have resulted in profit and lucrativeness, rather than reason.
Some gender feminists told the Senate committee that
children are at risk of abuse with firearms in the home. I note that
among the numerous witnesses before the committee, there was not one
witness from child protection agencies or children's aid societies.
I spoke to child protection agency officials in Toronto. Metro Toronto's
Children's Aid Society, the largest children's aid society in Canada,
informed me that they have no concern that children in Metro Toronto
are at risk of abuse with firearms in the home. I spoke to executive
director Bruce Rivers. If children were at risk, child protection agencies
would have been active in appearing before the Senate committee.
I also observed that not a single witness appeared from
community crime prevention agencies in Toronto, and I also note that
not one witness was black. The illicit use of firearms by certain black
criminals in Toronto is commanding attention and intervention.
The frolics and caprices with data and statistics were
revealed when one particular witness, Dr. Katherine Leonard, gave testimony
stretching credulity and scientific inquiry. On conclusion of her testimony,
another witness, Dr. Judith Ross, herself a psychologist and a target
shooter, overheard Dr. Leonard say to someone, "How did you like
the science fiction?" Dr. Ross, on September 27, 1995, wrote to
me as follows:
"I find it appalling and disgraceful that a witness
at a Senate committee would knowingly present material that was a fiction
cloaked in a pretence of scientific validity."
I read Dr. Leonard's testimony. I pondered about the
reliance on such testimony by any minister of the Crown.
Honourable senators, certain gender feminists insist
that firearms are a gender issue; that firearms are a vehicle for male
violence and aggression. Central to the belief system of radical gender
feminism is the maxim that firearms constitute the phallic symbol of
male violence, and are symbols of the patriarchal society. In a patriarchal
and heterosexist society, the allowance of guns is a sign of misogyny.
Honourable senators, this is patriarchal nonsense; it
is patriarchal rubbish, and supports the notion that women should live
in fear and trembling, not only of men but of men's instruments - guns.
Needless to say, they view heterosexuality as an oppressive state for
women.
Gender feminist theory is an example of intellectual
fraudulence and is a theory based on phylogeny, tribadism and misandry.
This theory currently stalks the social and political life of this country.
It is predatory, and seeks to dominate and terrorize. It is a personality
disorder in the body politic of this nation.
During the Senate committee hearings on Bill C-68, the
Manitoba Attorney General, the Honourable Rosemary Vodrey, testified.
I asked her:
I should just like to know how many wives were killed
by husbands in your province last year by firearms, and how many children
in your province alone?
I can just tell you women on homicides by firearms.
I gather the figure is zero.
Ms Vodrey gave more detail. She said:
The statistics I have are for 1994, and they relate
to deaths due to domestic violence: Three by stabbing; three by strangulation;
two by beating; one by asphyxiation; none by firearms.
Honourable senators, it is no simple task to identify
the actual and precise number of women killed by spouses using firearms.
I have studied this question using Statistics Canada's published data
on homicides. In 1994, the actual number of women killed with firearms
by conjugal intimates was 23. I repeat: The precise number of women
killed by spouses using firearms was 23.
Statistics Canada defines "conjugal intimates"
as including spouses -legal, common-law, separated, divorced - boyfriends,
extramarital lovers or estranged lovers. Neither feminist groups nor
the Minister of Justice have placed the number of 23 on the table in
this debate. I am unsympathetic to the act of toying with or exaggerating
the true numbers.
Please be clear that Minister Vodrey's answer that no
woman in her province had been killed by the use of a firearm in a conjugal-intimate
relationship in 1994 surprised the committee.
In 1994, the actual number of children under the age
of 12 years killed with firearms by a parent was two. The favoured weapon
of murder in Canada is bare hands and feet - the human body. For example,
in 1994, 27 babies under 12 months of age were killed, most with bare
hands. In 1994, the total number of homicides was 596, of which 196
were by the use of firearms. Of these 196 with firearms, 157 of the
victims were men and 39 were women. Consistently, more men are killed
with firearms than women; in fact, four times as many. The tragedy of
domestic homicide is too horrific to be trivialized by numerical manipulation.
Honourable senators, in the murders of three teenaged
girls in Toronto, Karla Homolka and Paul Bernardo used their hands,
the favoured weapon of murder. The brutal absurdity of this discussion
was made manifest at the Homolka trial. The Crown and the judge significantly
forgave Ms Homolka in relation to two murders, and totally forgave her
in relation to her sister's murder, and gave her a 12-year sentence.
As part of her 12-year sentence for killing with her hands, Mr. Justice
Kovacs imposed an order prohibiting Homolka from possessing a firearm.
Honourable senators, time does not permit me to speak
to the extraordinary measures of this bill. Millions of men and women
in this country come from cultural backgrounds of hunting, target practice,
marksmanship and precision shooting. This heritage of marksmanship is
a Canadian phenomenon. Young people learned to shoot from their parents
as part of their heritage. Canada's World War I hero, Billy Bishop,
learned to shoot as a boy in Owen Sound, Ontario, with a rifle given
to him for Christmas by his father. It is a similar situation for young
women. Linda Thom, at age 8, learned to shoot with her father. She won
a gold medal in the 1984 Olympic Games. In gun sports, men and women
compete as equals. There is even a group of women shooters called the
"Gun Grannies."
Canada's heritage of marksmanship and mastery of the
instruments of force is legendary. In 1914 and in 1939, the Canadian
military met its responsibility. The marksmanship training of many Canadians
by various rifle and gun associations assisted Canada's wartime efforts.
A proud example is the Dominion of Canada Rifle Association, founded
in 1868, which has trained generations of Canadians in the responsible
use and care of firearms. Canadians consistently win international competitions.
Those who engage in the recreational and economic use
of firearms are persons who are law-abiding citizens, who abhor the
illegal and illicit use of firearms. They see that crime and the illegal
use of firearms bedevils Canada's big cities, especially Toronto. In
Toronto, aggressive and successful initiatives are required in the area
of crime prevention, including initiatives in law enforcement, criminal
judicial processes, plea bargaining, sentencing and, most important,
in race relations, to solve Toronto's enormous crime problems.
These law-abiding citizens feel violated when they are
likened to criminals because of the mere possession of their firearms
or, worse, they are criminalized. Moreover, they resist the persistent
invasiveness of governments into their lives. In fact, they view the
government's initiative, Bill C-68, as creating a thought process which
some will promote as the new Canadian morality: to wit, firearms are
inherently evil and so are their owners.
I note how conveniently this concept falls into the gender
feminists' maxim that men are harmful to women, and that all firearms
are symptomatic of this harmfulness and should be discouraged and, ultimately,
destroyed. Legitimate gun owners believe that when firearms are outlawed
by governments, only outlaws will have firearms.
Honourable senators, gender feminist theory based on
the innate evil of men and the innate virtue of women is seriously flawed.
Social policy based on flawed theory is flawed social policy. Legislation
based on flawed social policy is flawed legislation.
The Minister of Justice as a minister of the Crown is
no ordinary minister. This minister has a duty to be less worldly and
less obviously political than other ministers. The Minister of Justice
also has a duty to find accommodation among disparate interests.
Honourable senators, I am a senator from Ontario, the
former Upper Canada. In the early 1800s in Upper Canada, there was something
that was locally known as "stump law." Stump law was legislation
passed by the then Tory government as a compound of arrogance and force.
Liberal reformer members like Dr. William Baldwin were brutalized by
the use of such legislative power. Bill C-68 is reminiscent of old Upper
Canadian stump law.
I hope my Inuit colleagues, Senators Willie Adams and
Charlie Watt, are not too damaged. I hope my support of their just cause
has brought them a measure of comfort.
The proposition that Bill C-68 addresses the problem
of domestic violence, that it is a bill to protect women, is not supported
by the information put before the Senate. The premise and foundation
for Bill C-68, we are told, is the good of women. Those who attempt
to demonstrate this do so insufficiently. In fact, the research points
in a different direction.
Honourable senators, I reject the premise that firearms
ownership and use is a women's issue. This bill is begging for amendment.
Since my side will accept no amendments, I am prepared to support the
amendments to Bill C-68 as put forward in the committee's report, and
by Senator Sparrow.
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