Evidence of meeting #34 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was women.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Kim Pate  Executive Director, Canadian Association of Elizabeth Fry Societies

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

I'm also imagining that it must be somewhat stressful for the victims as well as for the convicted offenders. Is that a reasonable supposition?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

I would think so. Any situation that revisits the kind of harm that has involved a death would invoke that kind of stress.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

When you attend those parole hearings, you're attending as an advocate for the convicted offender. Is that correct?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

Yes, I would say I'm advocating. In some cases we're talking about situations that may involve some connection between the victim and the person who has been convicted of the murder, the woman. So it depends on the situation. Sometimes I've known all the parties before, sometimes not, and in a very few cases I'd be observing. Usually I'd be there as the assistant to the woman.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Have you ever attended a parole hearing for a convicted murderer where you were advocating for the victim against release?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

I've never been asked by a victim to go in in that capacity, no.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

But I would expect you would have some degree of empathy for the victims who are there to advocate against release of the offender. Is that correct?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

There's a presumption that they're there to advocate against. Some are and some are not, though. Some are there in support of the growth and what the individual has done, so it depends.

In only one of the circumstances I can think of was the victim actively asking that the person not be released.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

So let's talk about that one. My expectation is that it would be rather stressful for a victim who wanted to oppose release not to know if or when a parole application might be made. Would you agree with me that this would be somewhat stressful for the victim?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

If that were the case. They are notified when the parole applications are made.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Correct, but under the existing system, of course, there is no timeframe within which the offender must make the application, so the victim simply has to sit out there and wait until the offender makes the application. Am I correct about that?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

Yes. I'm not aware of it being an issue, but yes, that would be the process.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

I'm suggesting to you that if I lost a loved one and was a victim of a murder and felt that the murderer ought not to be given parole and the 15-year mark rolled around, I'd probably be checking my mail every day waiting to see if there was a parole application. I'm sure you have enough experience with victims to understand how that might weigh on them. Do you think so?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

It may very well weigh on them, especially if they don't know the procedure. I think there have been increased efforts to ensure that they know those procedures and understand the process as it goes through. I have certainly dealt with some victims who have chosen not to participate in it.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Whether or not you know the procedure, the fact is that after 15 years right now, an offender, a convicted murder, may or may not apply for early release, and the victim just has to wait and see. Is that right? That's what I understand.

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

Do you mean the application to the chief justice?

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

It's the application to the chief justice and whatever else ensues. There's no onus on an offender right now to make that application until the offender wishes to do so. Isn't that correct?

4:05 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

Yes, although if they're wanting to.... Yes.

4:05 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

So after that 15-year mark rolls around, if my wife has been murdered by somebody, I'm going to know, or I hope I might know—and I probably would, because I'm a lawyer—that the offender can apply. But I'm not going to know when or whether the offender will, and I'm just going to have to wait until it happens, isn't that right?

Now, I see that as a problem, and I'm wondering whether you can suggest how you would help the victims deal with that problem.

4:10 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

Well, I would start much earlier than that, quite frankly. Having worked with victims for a long time and, as some members know, being in the situation of my daughter being raised without a grandfather because he was murdered, I think the work that needs to be done to support victims is far earlier than that; it has to be done very early on.

4:10 p.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

But there's no amount of work that will enable the victim to know when the offender is going to make an application, is there?

4:10 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies

Kim Pate

Well, I think hypothetically that's true. Realistically, though, if you know that the person has not been working through, in any way dealing with, the issues that gave rise to their being in the system, you might have some idea that they might not apply or have some idea that if they're eligible—

4:10 p.m.

Conservative

The Chair Conservative Ed Fast

We're out of time.

We'll go to Mr. Lee for five minutes.

November 4th, 2010 / 4:10 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Thank you.

You've been doing this type of work for a couple of decades?

4:10 p.m.

Executive Director, Canadian Association of Elizabeth Fry Societies