Kerry-Lynne Findlay

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, that is the whole idea behind the fine option program. Where a judge has the discretion to determine that there is undue hardship on offenders or their depends, if a judge finds that to be the case, then the offenders will be given the opportunity to work for credits to benefit the community in order to substitute for payment.

There is an amount established. The amount equals a certain number of hours that would be put into that community service, and that is for the benefit of all.

I think that answers my friend's question, that this is contemplated. If the judge feels the offenders can afford the fine, the surcharge will be imposed. If they cannot, then there is that other option.

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, it is our experience that victims are in great need. Sometimes the effects of criminality will last a lifetime. There are many different types of programs that can be of assistance. All of these programs that are available are doing good work and we want to ensure they are properly funded both from territorial and provincial surcharges as well as federal. Our government created the Office of the Federal Ombudsman for Victims of Crime precisely to look at what victims need in Canada and what we can do to provide the services hey need on a national basis.

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, as I set out in my speech, there have been several studies done to understand why the victim surcharge machine, which has been in place for some time, does not seem to raise the revenue needed for the victims and the services they need in an adequate way. Those studies, both in the provinces, like New Brunswick specifically, but also federally through the Department of Justice, have shown that the idea of an offender not having to pay the surcharge perhaps because they could not afford it seems to have been lost. Even where offenders can afford it, it is often not imposed.

Yes, we are trying to build consistency across the country in terms of the imposition of these victim surcharges to benefit victims or, if someone cannot afford, then he or she can work toward the work credits to help the community in a more general way.

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, I reject the assumption underlying that question that we have raised those costs. We are talking about bringing into force of a mandatory and automatic victim surcharge that will not go into general revenue. One of the problems I highlighted is of people wondering what it is really for, does it go into general revenue or does it really go to help those who need it most.

These are victim surcharges. They are meant to hold offenders accountable, meant for them to think on what they have done in terms of hurting the life in some way of their victims and to go directly to their services, many of which I detailed.

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, my colleague asks a good question and one that gets right to the point of what I have been talking about today.

As my colleague knows, we have ongoing dialogue with the provinces and territories on justice issues. As I mentioned in my speech, there are actually territorial and provincial surcharges that are levied along with federal ones. The difference is that provincial and territorial ones are automatic. The federal ones have not actually been implemented, as was originally perceived.

We are looking forward to this going ahead and have this be a more certain element of the justice system to help victims.

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, I am pleased to participate in the debate at second reading of Bill C-37, the Increasing Offenders' Accountability for Victims Act, concerning victim surcharges.

Bill C-37 would make offenders more accountable by doubling victim surcharges for offenders and by ensuring that surcharges are applied automatically in all cases.

Clearly, the Conservative government is keeping its promises with respect to the concerns of victims of crime.

I am pleased to be here today to speak on Bill C-37, Increasing Offenders' Accountability for Victims Act. The bill would make convicted offenders more accountable to victims of crime by doubling the victim surcharge that offenders must pay and ensure that the surcharge is automatically applied in all cases.

The underlying philosophy of the federal victim surcharge in subsection 737(7) of the Criminal Code is that the surcharge is imposed for the purpose of providing assistance to victims of offences. As I will explain, surcharge revenues fund a wide variety of programs and services to assist victims of crime.

Our government, in its electoral platform, committed to amending the Criminal Code to double the victim surcharge and make it mandatory in every case, without exception. The Speech from the Throne reiterated this commitment.

The victim surcharge was first enacted in 1989, and at that time it was called a victim fine surcharge. The surcharge was set as a maximum amount, and in many cases very low amounts were imposed. Research was conducted by the Department of Justice in the early 1990s in British Columbia and Ontario to review the impact of the new surcharge provisions at the time. The research reports revealed that in many cases the imposition of the surcharge was ignored or forgotten, particularly where the disposition was something other than a fine. In situations were a jail term was imposed, judges often relied on the undue hardship provision to waive imposition.

In addition, the imposition of the surcharge where a term of imprisonment or other non-fine disposition was imposed was criticized as disproportionate to the gravity of the offence. Another reason cited explaining the lack of acceptance of the surcharge included the perception that surcharge revenue would be deposited into general revenues with no guarantee that existing services for victims would be expanded or new services developed.

In summary, the low revenue from the federal surcharge was attributed to a few key factors, including lack of awareness, concerns regarding the use of surcharge revenue and some lack of clarity in the amount set out in the code.

In 1998, the Standing Committee on Justice and Human Rights tabled a report entitled, “Victims' Rights - A voice, not a veto”, following its review of the victim's role in the criminal justice system. The committee noted the problems with the original surcharge provisions, including the inadvertent failure of judges to impose the surcharge and non-aggressive enforcement and collection initiatives. The report affirmed that additional resources were needed to provide adequate victim services across the country and that increasing the victim surcharge would be a reasonable way to generate more revenue, particularly given that the maximum surcharge amounts had not increased since 1989.

In 2000, two amendments were made to the surcharge provision. The surcharge became a fixed amount and became automatic unless the judge ordered a waiver because of undue hardship to the offender. The term “fine” was also dropped to avoid the interpretation that it was only applied in addition to fines.

In 2006, the Department of Justice published the “Federal Victim Surcharge in New Brunswick: An Operational Review”. The objective of this research project was to develop a better understanding of the challenges and possible solutions to the federal victim surcharge regime in the province of New Brunswick, to identify challenges that are present in the current process and to generate possible solutions to circumvent impediments in maximizing the effectiveness of this process.

Despite the fact that imposition of the surcharge is supposed to be automatic unless the offender can convince the sentencing judge that it would cause undue hardship, the victim surcharge is not being applied in cases even where the offender would have the ability to pay. The research has shown that the victim surcharge is not being applied in all appropriate cases for several reasons, including, as previously noted, a presumption that an offender who is sentenced to jail time will not have the means to pay, and a lack of awareness of how the money from the victim surcharge is used. Under the current victim surcharge regime, offenders who are not able to pay the victim surcharge without incurring hardship are simply exempted from making the payment. This bill would address many of these issues.

The amount of the victim surcharge has not been increased since 2000. The new proposed surcharge would be 30% of any fine imposed on the offender. Where no fine is imposed, the surcharge would be $100 for offences punishable by summary conviction and $200 for offences punishable by indictment. In addition, the judge would retain the discretion to impose an increased surcharge where the circumstances warrant and the offender has the ability to pay.

As the surcharge money is used by the provincial or territorial government where the crime occurred to help fund their services to victims of crime, raising the victim surcharge amounts will benefit victims of crime in general and make offenders more accountable.

As I noted earlier, under the current law, sentencing judges have discretion to waive the victim surcharge when it can be demonstrated that its payment will cause undue hardship to the offender, or his or her dependents. This bill would remove the waiver option to ensure that the victim surcharge is applied in all cases, without exception.

Because failure to pay a surcharge could ultimately result in an offender being incarcerated, the Criminal Code would also be amended to allow offenders who are unable to pay the surcharge to participate, where such programs exist, in a provincial fine option program. This would allow an offender to satisfy the payment of the surcharge by earning credits for work performed in the province or territory where the crime was committed.

The surcharge amendments will result in an increase in services and assistance in all provinces and territories for victims of crime. All of the money paid to the victim surcharge is collected and retained by the provincial and territorial governments. The surcharge is put into a provincial or territorial fund, usually called a victims fund. The money is used to help fund programs, services and assistance to victims of crime in the province or territory where the crime occurred.

Most provinces and territories have also enacted their own legislation to impose a surcharge on provincial and territorial offences. Revenue from such provincial or territorial surcharges is also deposited in a special victims fund along with the federal surcharge revenue and is used to provide services directly to victims.

The imposition of a provincial or territorial surcharge is automatic. In other words, it is added to the fine imposed for the provincial or territorial offence. Payment is usually enforced by the non-renewal of licences. For example, a parking ticket will include the surcharge amount, and the payer is obligated to pay the whole amount or risk not having their driver's licence or other permits renewed or issued.

As I noted earlier, raising awareness among criminal justice system personnel about the benefits of the surcharge is challenging. It is often regarded as simply another tax to raise money for unknown benefits. The Criminal Code clearly requires that the revenue be used to provide assistance to victims of crime. Provincial and territorial victim legislation has the same requirement for surcharge revenue.

If anyone doubts the need for victim services and the need for this revenue to be used to support such services, let me spend a few moments providing some concrete examples of how this revenue can be and is used. Surcharge revenue may be used to provide direct services to victims of crime, such as information on the criminal justice system and court processes, referrals for counselling to assist victims in dealing with the trauma of being victimized, court preparation, court support for vulnerable persons, assistance in preparing victim impact statements, victim notification of offender release from provincial institutions, victim notification of reviews and outcomes in cases where the accused has been found not criminally responsible, and compensation programs for victims of crime.

I could provide a coast-to-coast view of victim services, but the following examples will provide a good sample.

New Brunswick has victim service coordinators in 15 offices, who are responsible for direct service programs. The New Brunswick victim services program offers a court-based victim/witness assistance and court-support program. Coordinators assist victims of crime through the provision of a number of services, including providing direct support in crisis situations, completing safety assessments for domestic violence cases, liaising with police and other community agencies providing victim services to ensure a continuum of care and, since 2007, specialized victim services for the pilot domestic violence court. Surcharge revenues also provide funding for the New Brunswick trauma counselling program, which is available to assist victims of crime in dealing with the therapeutic needs arising from the criminal offence or the trauma of disclosure that often impedes victims from testifying in court. The New Brunswick court-support program is another example of programs funded by provincial and federal surcharges.

In Ontario, surcharge revenue funds a wide range of services provided to victims of crime. There are 39 sexual assault and rape crisis centres, including centres that provide French-language services. They provide a 24-hour crisis and support line; group and one-on-one counselling; accompaniment to hospital, court or police; information and referral services; and public awareness sessions. The Ontario victim crisis assistance and referral services provide short-term assistance on a 24/7 basis to victims at the scene of a crime and make referrals to community services for longer-term assistance. With the consent of the victim, the police can call a highly trained team of volunteers to the scene. More than 50 victim crisis assistance and referral services sites are located throughout Ontario to deliver the victim quick response program. Surcharge revenues help to fund the Ontario victim support line, which provides a province-wide, toll-free information line in English and French. Surcharge revenues also fund the Ontario child witness project, which provides specialized preparation and support to child victims and/or witnesses and their caregivers. They work closely with the victim/witness assistance programs in their communities.

Revenue from the surcharge is put to good use in Saskatchewan where the Victim Services Branch directly delivers several programs including: the victims compensation program to provide payment for reasonable expenses resulting from violent crimes; the restitution program to increase the amount of restitution collected from adult offenders and paid to victims in a timely manner; and victim/witness service programs to assist children and other vulnerable witnesses who are required to testify in court. The surcharge revenue also makes it possible for the Saskatchewan Victim Services Branch to support community agencies and municipal police services to assist victims of crime. For example, there are 18 police-based victim service programs to provide support, information and referrals to victims of crime and tragedy. There are six aboriginal resource officer programs that work with local police-based victim services programs to assist aboriginal victims and their families. There are seven aboriginal family violence programs, and there are eight "children who witness violence" programs, which work to assist children and help prevent them from entering the cycle of violence as victims and offenders.

These examples demonstrate concretely how surcharge revenue is used by provinces and territories to fund victim services and why it is so important.

While the goal of this bill is to ensure the accountability of offenders to victims by strengthening the victim surcharge provisions in order to provide more resources for victim services, the reality is that some offenders will never be able to pay the surcharge. In light of this, members may question how the goals of the surcharge can be accomplished.

Allowing offenders who are not able to pay the victim surcharge to participate in fine option programs is consistent with the goals of this legislation, because working off the surcharge would remind offenders of the harm that their actions have done to their particular victim, to all victims of crime and to the larger community. The fine option program within each province or territory determines the rate at which credits are earned for the work performed by the offender. For example, if the provincial or territorial fine option program determines that one hour of work equals $10, the offender would need to work 10 hours to pay a $100 surcharge penalty or 20 hours to pay a $200 surcharge penalty.

In Manitoba, for instance, the fine option program provides that a person who has been fined can register at a local community resource centre and will be assigned community work. Centres are located throughout the province and at several sites in Winnipeg. They determine the number of hours of work needed at the Manitoba minimum wage rate to pay the fine and assign and monitor the work to its completion. Work may include repairs or maintenance to churches, schools, halls, seniors residences, parks and other community sites. Failure to complete the assigned task would result in a warrant being issued.

The introduction of the bill builds on the government's previous actions to ensure that victims of crime have a greater voice in the criminal justice system and more access to available services.

In 2007, the government announced the federal victims strategy and committed $52 million over four years to respond to the needs of victims of crime. This funding was renewed at $13 million per year in 2011.

We created the Office of the Federal Ombudsman for Victims of Crime to provide victims with information regarding programs and services available from federal organizations and statutes. The office works to ensure the needs and concerns of victims are taken into account by federal corrections institutions and identifies important issues and trends that may negatively impact victims of crime.

In her recent special report, “Shifting the Conversation”, the Federal Ombudsman for Victims of Crime recommended that payment of the victim surcharge be made automatic. Other victims advocates have made that same recommendation.

Our government has a strong track record of responding to the legitimate concerns of victims. These responses have included a range of criminal law reforms to improve public safety and make offenders more accountable.

For example, the Safe Streets and Communities Act includes important changes strongly supported by victims of crime, such as increasing penalties for sexual offences against children, as well as creating two new offences aimed at conduct that could facilitate or enable the commission of a sexual offence against a child; imposing tougher sentences for serious drug offences; eliminating the use of conditional sentences or house arrest for serious and violent crimes; enshrining a victim's right to participate in parole hearings and enhancing inmate accountability, responsibility and management under the Corrections and Conditional Release Act; extending the ineligibility periods for applications for record suspension, previously called a pardon, to five years for summary conviction offences and to ten years for indictable offences; and allowing victims of terrorism to sue perpetrators and supporters of terrorism, including listed foreign states, for loss or damage that occurred as a result of an act of terrorism committed anywhere in the world.

These changes reflect concerns we have heard from victims and victims' advocates and, indeed, from Canadians of all walks of life.

When our government came to power in 2006, we told Canadians that we would work hard to make our streets and communities safer by addressing the needs of victims. We sought to ensure that victims voices were heard. We wanted to increase offender accountability. I am very proud of the progress this government has made in improving how victims participate in the corrections and criminal justice system in a meaningful way.

The amendments to the Criminal Code proposed in the bill continue that important work. The victim surcharge would directly benefit victims of crime and make offenders more accountable for their actions.

I urge all honourable members of the House to support this bill because we have to make opportunities available to victims of crime in order to support their recovery.

I urge all members of this House to support the bill and to refer it to the Standing Committee on Justice and Human Rights for study.

[Pooled Registered Pension Plans, June 12th, 2012]

Mr. Speaker, as someone who was self-employed throughout most of my career before becoming a member of Parliament, and in small to medium-sized law firms in my case, I know this is something that would be most welcome. We did not have a vehicle to offer this sort of retirement security to our employees.

I would urge the provinces to get on with their mirroring legislation. The provincial and territorial governments are on side with this. They see the benefit of it. This is something that would benefit us all and benefit the economy.

[Pooled Registered Pension Plans, June 12th, 2012]

Mr. Speaker, the fact is that we have been applauded for this initiative, not just by industry and employers but by employees and the groups representing them. All the provinces are on board with the idea of providing small and medium businesses with such a plan. We are being lauded by so many.

I have an example. Ingrid Laederach Steven, owner of a store in Toronto, told reporters she has only two employees. She said, “...if I feel it's something that will benefit them, absolutely I would” offer this PRPP to them.

The NDP is fond of saying they are standing up for workers. Well, 60% of workers do not have a pension plan. A majority of workers in Canada are not part of a union that has bargained for pension plans. We need to bring in something that fits the reality of working life for most Canadians.

[Pooled Registered Pension Plans, June 12th, 2012]

Mr. Speaker, the point here is that we are trying to broaden the scope of retirement savings options for Canadians. We have some 60% of Canadians who do not have pensions through employment. This is an opportunity for employers and employees to work together to create an option for retirement and a benefit for their senior years, which they do not have now. It is one of several options we have introduced and strengthened.

We continue to stand up for seniors and those working Canadians who need this kind of assistance.

[Pooled Registered Pension Plans, June 12th, 2012]

Mr. Speaker, I am honoured to add my voice in support of today's debate on retirement income security.

Before I commence my remarks, I will correct something that I believe the member opposite just said, which is that old age security is only available to the poorest seniors. OAS is universally accessible to our seniors. If he is getting mixed up between OAS and GIS, the guaranteed income supplement, it is true that our poorest seniors can apply for that supplemental income through GIS. However, OAS is universally acceptable.

As all members are well aware, seniors have led the way in making Canada the dynamic and successful nation that it is today. Through their sacrifices, succeeding generations have had the opportunity to prosper. There is at times the perception that our senior population may be forgotten in the rush of modern life but the reality is that when it comes to our government, nothing could be further from the truth.

Since 2006, we have taken important steps to improve government support for seniors. I know I have participated in round tables on seniors issues in my riding and met with numerous seniors groups to hear their concerns first-hand, as I am sure so many of my colleagues have as well.

We believe today's legislation would build on our success by improving the range of retirement savings options available to Canadians. The pooled registered pension plan, or PRPP, would make well-regulated, low cost, private sector pension plans accessible to millions of Canadians who have, up until now, not had access to such plans. In fact, many employees of small and medium-sized businesses and self-employed workers would now have access to a private pension plan for the very first time. This would be a key improvement to Canada's retirement income system.

PRPPs would also complement and support the Government of Canada's overarching objective of creating and sustaining jobs, leveraging business investments, securing our economy recovery and encouraging sustainable, private sector driven growth.

Some of the retirement income system proposals we heard in our consultations would have significantly raised costs for employers and employees. They would have been unacceptable in the midst of a very tentative economic recovery.

Promoting the retirement income security of Canadians is an important goal of the Government of Canada. We will continue to ensure that our policies, programs and services meet the evolving needs of Canada's senior population.

I am the fifth of six children in my family. Quite typically for modern Canadians, my father lived to the age of 89 and my mother to the age of 93. My father was a self-employed electrician and electrical contractor. Except for four years in her later life, my mother stayed at home to raise six children.

At the beginning of my father's working life, Canada did not even have a Canada pension plan. Our country has come a long way in the intervening decades. However, innovation is required and should be welcome.

The Canadian Chamber of Commerce commented in November 2011 that this legislation had the potential to benefit the estimated 60% of Canadians who have either no or insufficient retirement savings. This legislation ushers in excellent opportunities for employers and employees to work together and the self-employed to benefit in a way that can create a more secure future in one's senior years. This would have helped lifelong contributors to the Canadian economy, like my father and his family.

Through these legislative and policy efforts, we recognize the contributions seniors have made and continue to make to our nation. They deserve pension security and we are ensuring that the retirement income system and the tax system support those goals.

We are doing so in a number of ways. For example, the CPP provides a secure indexed lifelong retirement benefit. To ensure that the CPP remains on solid footing, it is regularly reviewed by federal, provincial and territorial governments that have successfully acted as joint stewards of the plan since its inception.

As a result, the chief actuary indicated in his most recent report on the CPP that the plan was sustainable, at least for the next 75 years, at current contribution rates and benefits.

Canada's retirement system includes tax assisted private savings opportunities to help and encourage Canadians to accumulate additional savings for retirement. This includes registered pension plans, RPPs, and registered retirement savings plans, RRSPs.

RPPs are sponsored by employers on a voluntary basis and can be either defined contribution or defined benefit with employers and often employees responsible for making contributions.

RRSPs are voluntary individual defined contribution savings plans. Employers may provide a group RRSP for employees and may remit a share of contributions on behalf of their employees.

Contributions to RPPs and RRSPs are deductible from income for tax purposes and investment income earned in these plans is not subject to income tax. Pension payments and withdrawals are included in income and taxed at regular rates.

In all, the cost of tax assistance provided on retirement savings is currently estimated at approximately $25 billion per year in forgone revenue for the federal government and about one-half that amount in forgone provincial revenue.

However, that is not the only way the government helps Canadians ensure that they have more money available when they retire. I will quickly elaborate on some other measures our government has introduced to assist seniors and pensioners which, together, are providing roughly $2.5 billion in additional annual targeted tax relief to seniors and pensioners.

Since 2006, our government has increased the age credit amount by $1,000 on two occasions, doubled the maximum amount of income eligible for the pension income credit to $2,000, introduced pension income splitting, and increased the age limit for maturing pensions and RRSPs to 71 from 69 years of age.

In 2012, a single senior can earn $19,542 and a senior couple $39,084 before paying federal income tax. Due to measures taken since 2006, about 380,000 seniors will be removed from the tax rolls in 2012.

In addition, in budget 2008, our government introduced the tax free savings account, TFSAs. The TFSA is a general purpose savings vehicle that helps all adult Canadians, including seniors, to meet their ongoing savings needs on a tax preferred basis, including those who are over age 71 and are required to begin drawing down their registered retirement savings.

Of note, the income earned within a TFSA and withdrawals from the account are not subject to income tax and do not affect eligibility for federal income tested benefits or credits, such as old age security, the guaranteed income supplement or the goods and services tax credit. This feature improves savings incentives for low and modest income Canadians who would expect to receive GIS benefits in retirement. In its first five years, it is estimated that over three-quarters of the benefits of saving in a TFSA will go to individuals in the two lowest tax brackets.

Last year, we introduced measures strengthening the GIS, which is a benefit for low income seniors. Budget 2011 included a new GIS top-up benefit targeted to the most vulnerable seniors.

On top of all these efforts, our government provided an additional $10 million over two years to enhance the new horizons for seniors program, funding that will enable more seniors to participate in social activities, pursue an active life and contribute to their community. The program provided funding for projects that will increase awareness of elder abuse and promote volunteering, mentoring and improved social participation of seniors. We are continuing to help seniors.

I have been approached by constituents on this legislation who had two primary concerns: whether the PRPP was portable and whether a worker who does not opt into such a plan initially can opt in later. The answer to the first concern is, yes, the plan is portable. We urge all provincial governments to move quickly with their mirroring legislation. The answer to the second concern is yes. A worker who does not opt in initially can opt in later.

In fact, Dan Kelly, vice-president of the Canadian Federation of Independent Business, said, in November 2011 in media interviews, that the pooled plans are desperately needed because presently only about 15% of small and medium-sized businesses his company represents offer some form of retirement savings plan for their employees. He further stated, “This can't come soon enough from our perspective”.

In conclusion, I will reassure seniors that in carrying out our plan to restore budget balance, this government will not raise taxes. There are employers and employees across the country in all sectors who are anxiously looking forward to seeing this fundamental change in Canada's pension landscape becoming available. I would, therefore, encourage all members of this House to support this very important legislation.