An Act to amend the Criminal Code (victim restitution)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session.

Sponsor

Peter Julian  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of April 29, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to require courts to order that offenders make restitution to their victims in certain specified cases.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Strengthening Canada’s Corrections System ActGovernment Orders

October 29th, 2009 / 5:05 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member for Elmwood—Transcona knows we brought forward Bill C-372 on victims' restitution because of the principle of having a justice system that serves the victims in this country. That is something on which we have not yet seen any movement from the Conservatives. They have had the bill for a year. They have not acted on it. They have not moved forward on it. I find that regrettable.

There are components of the bill, as the member points out, that we do support: the right of victims to make those statements at parole hearings, for example. Their comments need to be incorporated. There is absolutely no doubt we certainly support that, and we support the right of victims to access information about offenders. That is a fundamental principle as well that we support.

In this corner of the House, we are very clear that our justice system has to serve victims. We are also very clear that there have to be fewer victims. That is why we have been advocating a smart approach to crime, actually advocating a substantial increase in crime prevention programs, asking the Conservatives to keep their promise on police officers, and advocating a smarter court system and prison system so we will have fewer victims. That actually should be the focus of the Conservative government too.

Serious Time for the Most Serious Crime ActGovernment Orders

June 18th, 2009 / 12:40 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, I am pleased to rise on Bill C-36, An Act to amend the Criminal Code.

I would like to preface my remarks by saying there is no doubt that the most compelling argument for Bill C-36 is indeed the victims. Under the current faint hope clause, the victims have to relive the nightmare of the crime that was perpetrated against their family, against their loved ones. There is no doubt that the government has a compelling argument. It is for that reason, I think primarily, that in this corner of the House we will be voting in favour of Bill C-36 in order to get it to committee.

As the House well knows, the parliamentary process is set up with a system of checks and balances. This is something that is extremely important in this particular case for this particular bill. We have second reading, which is debate in principle on the bill, the principle of whether or not the faint hope clause should essentially be eliminated. From there the bill goes to committee, and that is the point where we will certainly be pressing to hear from every organization. Whether we are talking about victims organizations, victims services, those who represent parolees, police officers, parole officers, everyone in the system needs to be heard at the committee level so that we can ensure that the legislation does what the government purports that it does. At the same time we are ensuring our place in the House as the effective opposition and that amendments are made to the legislation to ensure that there are no unintended consequences or collateral fallout and that indeed we feel that this is in the best interest of the country and of Canadians.

I certainly hope the committee process will be extremely serious, in depth and effective in ensuring that the committee has heard from everyone in a consultative process that allows Canadians from coast to coast to participate. Often committee deliberations are done in a very perfunctory way. Often proposed witnesses who are submitted by the NDP are rejected out of hand. We hope that will not be the case and that due diligence will be done at the committee level.

Then we will bring the legislation back to the House to consider amendments that other members of the House may want to put forward at report stage. The final stage is third reading where we take a very in depth look at the legislation itself. At that point the question is whether or not to pass the legislation as amended.

At this point, the second reading stage, we are saying in principle that we are certainly willing to look at the bill because of the compelling arguments that are raised with regard to the victims having to relive the nightmare of their loved ones.

The real test I think will be at the committee stage to see to what extent the government is willing to hear voices from across Canada, very learned voices and those who have a key stake in this legislation, either way. From that point then I think we can look to see how the legislation can be improved.

There is no doubt in my mind that this legislation can be improved and must be improved, but that will be something for our justice critic, the member for Windsor—Tecumseh, and other members of the justice committee to do when that time comes.

A social democratic approach to the criminal justice system is based on ensuring that the victims are responded to by the system. That is why I put forward Bill C-372, which essentially proposes changes to the Criminal Code to ensure that victims' restitution is part and parcel of the judicial process and no longer an option for judges, but mandatory as part of the process. I put forward that amendment to the Criminal Code because I feel there is a profound argument that can be made that victims are often lost in the system.

It is essential for parliamentarians to hear the voices of victims and to ensure that their voices are heard every time legislation is brought forward. The victims' voices are part of a broader consultation process that has to take place.

We in this corner of the House have been advocating for some time for a comprehensive approach to the criminal justice system. Legislation obviously is one of the pillars. We must as a Parliament regularly take into account whether or not legislation is working, whether or not the Criminal Code is working and what adjustments have to be made.

For the government to limit its approach simply to legislation does a disservice to Canadians. There are other pillars of the justice system that have to be taken into consideration.

Since emerging out of the CCF, the NDP's hallmark in Parliament has been the need for substantial funding for crime prevention. The most effective approach to the criminal justice system is to stop crime from being committed in the first place. By investing in crime prevention services and crime prevention strategies, many other countries around the world have reduced their crime rate, and that means fewer victims.

By ensuring that the voices of victims past are heard ensures fewer victims in the future. We will have fewer victims in the future by investing in an effective way in crime prevention. Tragically, the Conservative government has done exactly the opposite. It has cut back on crime prevention programs and crime prevention strategies. It has done the exact opposite of what it needs to do. Most Canadians would want the government to increase crime prevention funding and crime prevention strategies.

Funding is a major pillar that the government has far from increased. If the Conservatives were really concerned about criminal justice issues, they would put more funding into crime prevention. That would ensure an effective way of reducing crime. The government has done the opposite.

Study after study has shown that for every dollar invested in crime prevention, we save six dollars later on in policing costs, in court costs, in incarceration costs. It just makes good economic and fiscal sense. There is no more effective argument for crime prevention programs than the economic argument.

The NDP has been the foremost advocate for enhanced funding for crime prevention. We will continue to press the government to do the right thing and to invest in crime prevention rather than cutting back.

Another pillar of crime prevention strategy in a criminal justice system is adequate funding for policing. The government committed in past elections to fund an extra 2,500 police officers across the country. That promise simply has not been kept. Police officers in various parts of the country are frustrated by the fact that the government has chosen not to keep its promise.

Having 2,500 more police officers on the streets of our cities would make a difference in the effectiveness of policing. Police departments are overburdened in many parts of the country. Police officers are often being asked to do far too much. If we want our police forces to be effective, we have to provide an effective number of officers, and that has not happened. Again that is an area in which the government fell short.

This is not only about funding for police officers. This is also about respect, or lack of, that has come from the government toward police officers.

Three years ago in the House we adopted a motion for a public safety officer compensation fund. The Conservatives at that time voted in favour of it, and yet they have steadfastly refused to provide a compensation fund for the families of those police officers and firefighters who die in the line of duty. There again the government has fallen short.

The Conservatives have fallen short on court funding as well. Because of that, there are bottlenecks in the court system.

There are a number of pillars in the criminal justice system. Bill C-36 deals with one of them, but the other three, lamentably, have been neglected by the government.

In this corner of the House the New Democratic Party caucus will vote to move this forward to committee so we can have that strenuous examination of the bill, but we will certainly continue to keep the government's feet to the fire on the other pillars it has neglected.

Criminal CodeRoutine Proceedings

April 29th, 2009 / 3:50 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

moved for leave to introduce Bill C-372, An Act to amend the Criminal Code (victim restitution).

Mr. Speaker, I thank my seconder, the member for Hamilton Mountain, who is constantly thinking about the quality of life in Canadian communities across the country.

This bill, which I am reintroducing, an act to amend the Criminal Code, essentially concentrates on victims of crime. The bill would amend section 738(1) of the Criminal Code to ensure that judges take into consideration victims for sentencing, victims of violent acts and property crimes.

This is important. As the House knows, the NDP adopts a smart on crime strategy. We believe very clearly that the most important thing to reduce crime is to ensure crimes are not committed in the first place.

However, in this case, when crimes are committed, we believe there should be restitution to victims of crime. That is why I am reintroducing the bill in the House today.

(Motions deemed adopted, bill read the first time and printed)