Victims Bill of Rights Act

An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment enacts the Canadian Victims Bill of Rights, which specifies that victims of crime have the following rights:
(a) the right to information about the criminal justice system, the programs and services that are available to victims of crime and the complaint procedures that are available to them when their rights have been infringed or denied;
(b) the right to information about the status of the investigation and the criminal proceedings, as well as information about reviews while the offender is subject to the corrections process, or about hearings after the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and information about the decisions made at those reviews and hearings;
(c) the right to have their security and privacy considered by the appropriate authorities in the criminal justice system;
(d) the right to protection from intimidation and retaliation;
(e) the right to request testimonial aids;
(f) the right to convey their views about decisions to be made by authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered;
(g) the right to present a victim impact statement and to have it considered;
(h) the right to have the courts consider making, in all cases, a restitution order against the offender; and
(i) the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid.
The Canadian Victims Bill of Rights also specifies
(a) the periods during which the rights apply;
(b) the individuals who may exercise the rights;
(c) the complaint mechanism for victims and the requirements for federal departments to create complaint mechanisms; and
(d) how the Canadian Victims Bill of Rights is to be interpreted.
This enactment amends the Criminal Code to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel;
(c) broaden the conduct to which the offence of intimidation of justice system participants applies;
(d) expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice;
(e) make testimonial aids more accessible to vulnerable witnesses;
(f) enable witnesses to testify using a pseudonym in appropriate cases;
(g) make publication bans for victims under the age of 18 mandatory on application;
(h) provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration;
(i) require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances;
(j) add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards;
(k) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(l) clarify the provisions relating to victim impact statements;
(m) allow for community impact statements to be considered for all offences;
(n) provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order;
(o) specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed;
(p) provide a form for requesting a restitution order; and
(q) provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims.
The enactment amends the Canada Evidence Act to provide that no person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused. It also amends that Act to add a new subsection to govern the questioning of witnesses over the age of 14 years in certain circumstances.
This enactment amends the Corrections and Conditional Release Act to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) permit victims to have access to information about the offender’s progress in relation to the offender’s correctional plan;
(c) permit victims to be shown a current photograph of the offender at the time of the offender’s conditional release or the expiration of the offender’s sentence;
(d) permit the disclosure of information to victims concerning an offender’s deportation before the expiration of the offender’s sentence;
(e) permit the disclosure to victims of an offender’s release date, destination and conditions of release, unless the disclosure would have a negative impact on public safety;
(f) allow victims to designate a representative to receive information under the Act and to waive their right to information under the Act;
(g) require that the Correctional Service of Canada inform victims about its victim-offender mediation services;
(h) permit victims who do not attend a parole hearing to listen to an audio recording of the hearing;
(i) provide for the provision to victims of decisions of the Parole Board of Canada regarding the offender; and
(j) require, when victims have provided a statement describing the harm, property damage or loss suffered by them as the result of the commission of an offence, that the Parole Board of Canada impose victim non-contact or geographic restrictions as conditions of release, where reasonable and necessary, to protect the victims in relation to an offender who is the subject of a long-term supervision order.

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.

Votes

Feb. 23, 2015 Passed That the Bill be now read a third time and do pass.
Feb. 4, 2015 Passed That Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 4, 2015 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 18, 2014 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:05 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

moved that Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, be read the second time and referred to a committee.

Mr. Speaker and colleagues, I am honoured to be here to take part in this important debate, second reading of Bill C-32, the victims bill of rights act.

As members know, this bill is to create a Canadian victims bill of rights and entrench the rights of victims into federal law for the first time in Canadian history.

Victims of crime have been an important priority for our government since our election in 2006, and our contributions to improving the victim’s role in our justice system is well known and well documented. It is our contention that there are numerous ways, which we will present through the victims bill of rights, to continue down the path of enhancing our justice system and the victim’s role in that system. The creation of the federal victims strategy as well as the Office of the Federal Ombudsman for Victims of Crime, in 2007, are examples of our government's commitment.

Further, the allocation of $120 million as well as $10 million additionally for child advocacy centres in 20 locations throughout the country are examples of victims' programs specifically, as well as other numerous victims' law reforms and criminal justice reforms intended to enhance the experience of victims in the law.

Last year, our government promised to enhance victims’ rights by entrenching or embedding their rights in a single law at the federal level. We are delivering on that promise through the creation of clear statutory rights to information, protection, participation, and restitution for victims of crime in Canada.

I want to unpack these concepts in more detail in a moment. Before I do, I want to emphasize again the inclusive effort to hear from Canadians.

My earliest days as Minister of Justice were spent consulting broadly and hearing directly from Canadians. In fact, we heard from more than 500 stakeholders through online and in-person consultations held across the country while developing this legislation. Most importantly, we heard from victims of crime themselves. Advocates, provincial and territorial officials, organizations, criminal justice associations, and criminal justice professionals, crown and defence counsel, law enforcement—all have provided views on this important legislation, participants all, and the Canadian victims bill of rights reflects that input, particularly those of provincial and territorial officials who have the important role and task of enforcement.

As well, we received a great deal of information and input during these consultations, specific to the reforms contemplated in federal, provincial, and territorial forums. Best practices from international, provincial, and territorial victims' legislation and programs were also contemplated. After much and thorough consultation and collaboration into this bill, we believe we have struck a very good balance.

I also want to recognize that each province and territory very much had that input, but we also drew from their own victims' services legislation unique to their provincial and territorial reality. All provinces and territories have legislation for victims of crime, which in some cases includes provisions worded as “rights”, such as a right to information, a right to consideration of personal safety, and a right to respectful treatment. The federal bill would not impede in any way existing provincial or territorial legislation but would, in fact, complement it or provide cohesion, while respecting constitutional divisions of power. It is important that we have this continuing and cohesive effort in building on the best of all efforts, across the country, to make the expression and inclusion of victims' rights more respectful, more user-friendly, and improve the lives of victims and their experience in our justice system.

Mr. Speaker, every victim deserves to have an effective voice and to be heard. That is why we have included a broad definition of victim in the Canadian victims bill of rights. All individuals directly affected by an offence in a physical, emotional or economic way would be considered victims.

The bill would also enable individuals to act on behalf of victims who are deceased or who are incapable of exercising their rights.

Again, the rights proposed in this bill apply to victims involved in the Canadian criminal justice system. I think it is important here to read specifically from the bill that definition of victim:

It states:

“victim” means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of an offence.

Clearly, the intention here is to protect Canadian citizens or permanent residents who are abroad but were victimized in Canada, who could also invoke their rights. Victims who are in Canada, or Canadian citizens or permanent residents could also invoke their rights in a case where they were victimized abroad, but where Canadian officials are investigating or prosecuting the offence in Canada. These provisions would ensure a broad, inclusive application of the rights in circumstances where there is a clear link between the victim, the crime, and the criminal justice system here in Canada.

Fully implemented, the bill would also extend rights to every stage of the criminal justice process: during the investigation and prosecution of an offence; during the corrections process; during the conditional release process, or parole; and while there are proceedings in the courts and before review boards in respect of an accused found not criminally responsible on account of mental disorder, or who is unfit to stand trial. However, the bill would also provide that the application of the rights cannot interfere with the police or crown prosecution's discretion and must be reasonable in the circumstances. In other words, this is a rubicon that we did not cross. Going back into the archives, this was in keeping with a parliamentary report entitled, “A Voice, Not a Veto”. That statement encapsulates the intent here.

Access to information was perhaps the most identified need by victims. Victims themselves, their advocates, and federal ombudsmen for victims of crime, and criminal justice professionals, such as the crown and police, often highlighted this need to ensure that basic information was flowing to victims and their loved ones.

Victims of crime seek information about the criminal justice system generally and their role in it. They also want specific information about their case and the decisions made by criminal justice professionals as the case moves forward.

This right to information would articulate that a victim has the right to meaningful information that affects them, such as conditions of release that pertain specifically to the accused in the case, or something as basic as the time, place, and date of proceedings taking place before the court that could impact on the victim. This would also include information about the criminal justice system, victims services programs, outcomes of criminal investigations and proceedings, and the status of an offender in the correctional system. The Criminal Code amendments that are proposed to implement this right would include the ability of the victim to receive copies of bail and conditional sentence or probation orders, physically ensuring that the victim is in possession of that information.

In addition, the bill proposes important changes to the Criminal Code provisions for plea negotiations, which is one of the more controversial elements, I suspect. For murder or any serious personal injury offence, the court would be required to ask the prosecutor if the victim had been notified of a plea bargain. For any other offence with a term of imprisonment of over five years, the victim could request to be notified of a plea bargain. The amendment does not give victims a veto over plea bargains. However, given the significant portion of cases with guilty pleas that are resolved in this fashion, this right to information would benefit a large number of victims at a key stage of the criminal justice process. I would suggest it would prevent any shock or further trauma to a victim to have that information in advance of any public announcement.

In order to help facilitate a victim's access to more information about available programs and services, one of the amendments in the bill would also require that Correctional Services Canada inform victims about the availability of victim-offender mandated mediation services.

Lastly, in order to enhance the information provided to victims, our government would create a single government website to make information about the Canadian victims bill of rights available to all Canadians and victims of crime.

Victim safety, including the enhancement of protection measures for victims, was also mentioned frequently by victims, their advocates, and professionals during the consultations. The desire to feel protected, safe from recrimination or retaliation, is an important right to recognize. Currently, there are numerous provisions in federal law to prevent or respond to harm to victims, but the creation of this right would build on a strong foundation and Canada's positive international reputation for the treatment of vulnerable victims, including in the courtroom.

The right to protection ensures that victims have their security and privacy considered in their interactions with criminal justice system officials. Proposed amendments to the code would broaden the availability of such things as testimonial aids, which are commonly known as “screens”, or closed-circuit television cameras to allow the victim to testify from a neighbouring room. This is also specifically to help protect victims from intimidation or retaliation throughout the proceedings and to provide that victims' safety and security would be taken into consideration through various means when making bail orders, for example, or when the offender were being released from custody.

Victims would be provided with access to a photograph of the offender at the time of the conditional release or end of sentence. This is a very practical and, I suggest, compassionate means to give victims information as to how they need to govern themselves or take protective measures. This is an important change for victims, and just one of the many changes that we would make to implement a victim's right to protection.

This right is strongly supported by many stakeholders, and victims identified this as an important need during the consultations, and we have listened. The benefits are numerous.

In order to provide meaningful participation and to give victims the sense that the criminal justice system will continue to respect their concerns and those of their loved ones, we wanted to underscore during the consultation that meaningful participation is also embedded in the bill. This is about recognizing the impact of victimization on the lives of victims and to help them understand what is sometimes a very complicated, foreign, difficult, and stressful process. The right to participation would allow the victims to convey views and to have those views properly considered by decision-makers when decisions are being made that affect them. This would be implemented through measures to clarify and broaden the scope of the victim and community impact statement provisions in the Criminal Code. Victims of crime have told us that they would support improvements to the victim and community impact statement provisions of the code.

For example, in this proposal, victims would be able to have a support person close to them while presenting their statement or community impact statement, and would be able to bring a drawing or photo or proximity of their loved one to the courtroom when presenting this statement. Again, this is a very compassionate, open-hearted way to allow the victim to draw comfort from proximity through these items. We have amendments to the Criminal Code that would clarify that a judge should consider those parts of a victim impact statement necessary to determine an appropriate statement.

When visiting a child advocacy centre, I saw something similar in intent. That was allowing children, for example, to have a pet or a stuffed animal, something that provided them comfort, with them during interviews with the police. Again, this emulates that same intention to provide individuals, child victims, comfort during what is inevitably a very stressful situation.

Also entrenching in this bill is the provision of guidance to victims on the creation of their victim impact statement through a mandatory form. These amendments would ensure that victims' voices were truly heard in the process.

The bill is also proposing important amendments to the purposes and principles of sentencing, to increase consideration of victims' views in that process. First, the bill proposes to reinforce the sentencing objective of denunciation in paragraph 718(a) of the code, by specifying that it is not only the criminal conduct that is being denounced, but also the harm to the victim and communities that has been caused by that conduct, which is a reality, I would suggest.

Second, the bill proposes to reinforce the sentencing principle of restraint in paragraph 718.2(e) of the Criminal Code that requires courts to consider alternatives to imprisonment where it is reasonable to do so.

Adding a requirement that the court also consider the harm done to victims and to the community would help to ensure there is a proper balance between the rights of offenders and those who have been victimized by offenders' behaviour. This would also bring sentencing principles in line with similar changes to the objectives of sentencing in paragraph 718(a).

In order to assist victims and allow them to choose how they would like to participate in the corrections and conditional release process, proposed amendments to the Corrections and Conditional Release Act would allow registered victims to designate a representative to receive information on their behalf or waive their right to access to information. We know that in some cases victims want nothing more to do with the process after the victimization has occurred, and I would suggest that another general collateral benefit to this bill is that it would give victims more choice and control over their lives in a very stressful period.

We have listened very carefully to the views of many people who work in the justice system, including, as I mentioned, provinces and territories, and we are responding to some of the criticisms of the bill. For example, some have said that the bill does not propose to make victims a party to the criminal trial or create a right to receive legal aid. It is our view that these two items would create additional complications and potential delays, which is completely counterintuitive to what we are attempting to achieve here. Further delays or complications are very much in our minds as we bring this bill forward.

That is one of the great complaints of many in the system, that the time it took to proceed through the courts caused greater re-victimization. Therefore, we have very much intended to include measures that would reduce the delays in criminal proceedings without in any way contributing to the type of delay that we know is sometimes endemic in courts in the country.

The bill’s proposed right to participation seeks to strengthen existing and successful approaches that provide opportunities for victims to actively participate in the criminal justice system, and contribute to more effective decision-making by police, crown prosecutors and judges.

Victims of crime have expressed significant concerns about the financial burden that often places them in real hardship. Many have reported that as a result of the crime, they were unable to work and yet faced significant out-of-pocket expenses to continue attending criminal proceedings or to receive counselling. In 2008, a Department of Justice study estimated that the tangible and intangible social and economic costs of Criminal Code offences in Canada were approaching approximately $100 billion annually, and approximately 83% of those costs were borne by victims themselves.

There has been discussion about crime rates falling in Canada. In fact, there are over two million crimes reported annually and, sadly, one of the more shocking figures is that there has been a 4% increase in child sex offences, offences against children, our most vulnerable.

The bill will help to alleviate the financial burden of crime for victims by enabling victims to seek a restitution order, which obliges the offender to pay the victim for costs incurred as a result of the offence.

Specifically, this bill proposes to amend the Criminal Code to require a court to consider restitution orders for all offences, to specify that an offender's ability to pay is not determinative in ordering restitution and to create, for accuracy, a mandatory form to help victims identify and claim their losses. As well, proposed amendments would specify that when any part of a restitution order is not paid, victims can have that order enforced as a civil debt.

Victims would be provided with assistance to help them enforce restitution orders through several program measures. For example, an electronic tool kit for victims would give them easier access to greater information about restitution; and financing and funding would be made available to the provinces and territories to develop their own restitution programs to help victims collect on those orders. This approach would enhance awareness and enforcement of restitution and provide victims with information and financial support. We know as well that many provinces and territories, in fact the majority, have the fine option program that will allow offenders to at least make some restitution to society at large, where they do community-type service.

In order to give meaningful effect to victims' rights by all players in our criminal justice system, our government is proposing that this bill have quasi-constitutional status. This would mean that the Canadian victims bill of rights would prevail over other federal statutes, with the exception of the Constitution Act, which includes the Charter of Rights and other quasi-constitutional statutes within our legal system, such as the Official Languages Act, the Privacy Act, and, of course, the Canadian Human Rights Act.

These other quasi-constitutional statutes will also exist on a level playing field with the Canadian victims bill of rights. As an example, courts must interpret the Official Languages Act in a manner that is consistent with the Canadian Human Rights Act.

If there is a conflict between these two quasi-constitutional statutes, the court would balance the rights in these two statutes.

During many of these consultations, we heard about the need to have enforceability behind the bill. We have provisions that pertain specifically to that in working with provincial ombudsmen and the discretionary judicial remedies that exist already.

Spousal immunity and other elements of this bill will, I know, receive due consideration. I would suggest that there is ample opportunity now to discuss the bill in greater detail as it proceeds to the House, and I look forward to the debate and hearing from members who are participating.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:25 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would like to thank the minister for his speech, which reminds me of a Bee Gees song called It's Only Words.

All of the victims, every single one, told us that they need programs, support services, rehabilitation and compensation. However, in Bill C-32 , the government decided to abandon all of those pricey requests and opted for symbolism instead. I am wondering why that is.

I am also wondering why it took eight years to draft a text that contains no real legal obligations, as was attested to by officials from the Department of Justice. Bill C-32 does not create any legal obligation for Crown prosecutors, police or support services to provide that information to the victims. It creates no binding legal recourse for the victims.

Did the minister get confirmation that Bill C-32 is consistent with the Charter of Rights and Freedoms?

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:25 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I would like to thank the hon. member for her question.

Unfortunately, she has decided to trivialize this bill.

What we have before us is a very comprehensive effort to include what we heard through the past number of years, but more recently and specifically on this legislation, in an effort to balance the rights of victims, the entrenched protections within our criminal justice system, and the discretion necessary for the crown, police, and judges.

However, there is very much an increased and heightened obligation found within this bill. There are enforceable measures that include the discretion of the judge to ensure that the various individuals who have these obligations and responsibilities to victims follow through and there are mechanisms in place within every province and territory that allow for victims to seek recourse and follow up if they do not receive the proper treatment and information that they seek.

The member would probably be the first person in the House to stand here and criticize if the government tried to somehow go outside of its jurisdiction and demand of provinces something that is clearly within the constitutional rights of the provinces.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, if one were to canvass the constituents I represent in Winnipeg North and the vast majority of Canadians for their opinions on what would constitute an important issue in the crime and safety file, quite often what would be raised is the fact that we are not doing enough to prevent crimes from happening. If we did more of that, we would have fewer victims.

My question to the member is related to the impact of this bill on police forces. I met with police representatives of the City of Winnipeg Police Service just yesterday. One of the concerns is that police put a lot of time and effort into areas that have nothing to do with actual police work. For example, it might be in a hospital institution or sitting in a court.

Would this bill do anything related to assisting our police officers in preventing crimes in the first place? It seems to be a high priority. If the bill would not, can the member indicate what the minister has done to assist that particular file?

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:30 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, it was a very muddled question on the issue of victims' rights. I think the hon. member should go back to some of those constituents whom he represents in Winnipeg and ask them if they feel that victims are currently being given the right to inclusion, the right to respect, the right to information. That is what the bill seeks to do.

In terms of helping the police, the police are very supportive of this effort. Because they work every day with victims, they want to see improvements in the lives of victims and their loved ones.

As for what we have done, I am pleased to be joined in the House by the Minister of Public Safety and Emergency Preparedness, and I can tell the House that we have done a great deal to enhance the ability of police to do their work. In fact, I suggest that there is no government in the history of Canada that has included more police officers elected to the House of Commons to come here and ensure that we are doing more for the law enforcement community. We are giving them the tools they need, including legislative tools that will improve their ability to do their work and protect Canadians. Those improvements include the ability to share data, to have more forensic investigations, to improve their work environment.

This government has made tremendous strides in improving the way in which law enforcement and police officers can do their work in this country.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank the hon. minister for his first speech as we look at the victims bill of rights, Bill C-32.

I wonder if he could outline for us the extent to which the bill mirrors the recommendations that came from the Federal Ombudsman for Victims of Crime. The Conservatives chose not to take some of the advice put forward by the Federal Ombudsman for Victims of Crime. They obviously have taken on some of the recommendations, but not all. I wonder if he could set out for us why certain pieces of that useful advice was not included in the bill.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:30 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I thank my friend from Saanich—Gulf Islands for her very pertinent question, and we did, as she has alluded to, draw quite heavily on the recommendations of Sue O'Sullivan, the federal victims ombudsman.

As I mentioned in my remarks, many of the areas were seen as contentious. We would perhaps create further delays in the system and slow down the process by requiring the victims to have standing or to be able to insert themselves in a way that would cause the process to stop or to hesitate.

There are also resource implications. We have given the Office of the Federal Ombudsman for Victims of Crime a budget. We have just recently expanded her ability to have signing authority in some areas.

This office itself, as I know the member opposite would recognize, was a creation of the current government. This office did not exist prior to our coming to government in 2006. We believe it is an enhancement, as is the role of ombudsmen at the provincial level. They will work collectively to ensure enforcement and ensure that the bill is giving meaning as well as the spirit of this legislation to enhance the role and the rights of victims. I look forward to the hon. member's further contributions.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:35 p.m.
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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I congratulate the Minister of Justice for introducing the victims bill of rights. It was announced last week in my city of Mississauga by the Prime Minister, the Minister of Justice, and the Minister of Public Safety and Emergency Preparedness.

I and my constituents believe that this measure addresses the real needs of victims. It will go a long way toward restoring and bolstering the faith of the people of my riding in Mississauga in our criminal justice system.

Prior to being appointed as Minister of Justice, the minister was one of Canada's longest-serving and most respected ministers of defence. I wonder if he could tell us if the victims bill of rights would apply to the military justice system.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:35 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I want to take the opportunity to praise my colleague, the Parliamentary Secretary to the Minister of Justice, for his work and leadership on this particular bill and for his ongoing efforts in that regard.

He is right to raise this issue, and it was something that we contemplated. This victims bill of rights will not in fact apply to offences investigated or proceeded with under the Canadian military justice system.

That said, there are particular challenges to extending this bill of rights into the military culture and into their system, particularly for summary trials. By that I mean that we have disciplinary tribunals that are administered by the chain of command. This system carries out the vast majority of proceedings within the Canadian military justice system, and this victims bill of rights would not be immediately applicable to it upon final adoption by the House.

However, I am pleased to tell my friend in the House that after speaking with the Judge Advocate General, General Blaise Cathcart from Nova Scotia, who is a very capable officer, and with people like Bruce MacGregor, who is also working in the JAG office, I can say the intention is clear that we will determine how we can in fact incorporate the victims bill of rights into our military justice system in the future in order to ensure that we are mirroring it to the best extent possible and to ensure that our military justice system also provides these benefits and protections for victims who are subject to the military justice system.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:35 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.

First off, I am inclined to say that it is about time, since the government has been talking about this for awhile now. I know that the Minister of Justice likes to say that we decided to trivialize. This is not a matter of trivializing. I am simply stating the factual conclusions that everyone concerned about the issue of victims' rights here in Canada has already come to.

We are dealing with a Conservative government that has been talking about this issue for a long time and that has made serious promises in this regard. MPs who, like me, are members of the Standing Committee on Justice and Human Rights were able to hear from a number of victims as part of the debates on this issue held in the context of various law and order bills.

We sometimes heard very sad stories of a sensitive nature. This testimony helped us understand what needs to be done in terms of victims' rights and what victims need in certain circumstances.

The Conservative government has been promising to introduce this victims bill of rights for many years now. It has often dangled that promise in front of Canadians. The Conservatives have also held multiple press conferences in this regard, where they reiterated that they were in favour of introducing such legislation.

The official opposition is not trivializing. We are simply stating the facts.

If there is one thing that horrifies me, it is using already fragile individuals for political purposes. I do not want to impute motives, but these people have many, very specific needs. They have been speaking out about those needs for a long time. I will agree that the ombudsman for victims has already made recommendations.

I finally received Bill C-32 last week. I would like to digress for a moment to talk about the process. Bill C-32 was introduced on Thursday. Today, Wednesday, we are here in the House to begin debating the bill at second reading. It did not even take the Conservative government, through the Minister of Justice, even 24 hours to send out a householder to all Conservative supporters. I have good contacts who were able to show me that the Conservatives are already using the victims bill of rights to solicit interest in and support for the Conservative Party.

It always bugs me when people use something as serious as a victims bill of rights to generate political capital. I know that we are in the political business, but I think there are some issues that should not be used in this way.

All the same, I did thoroughly peruse Bill C-32. I wanted to give it a chance. The NDP always likes to give these things a chance. We always look at the bill and discuss it in caucus. At lunchtime today, I had the pleasure of talking to my colleagues about Bill C-32. I am not afraid to say here what I said to them: I was a little let down. When I read the bill, I felt that it did not really meet the needs of victims I had heard from.

It sounds good in principle, and we hope that something will happen in the courts, but it is not necessarily the guarantee or the cure-all victims thought it would be. The government did its very best to raise victims' expectations, and now I am sure they will be disappointed.

Kudos to the government for creating a victims bill of rights. Nobody in the House would be against that. I dare anyone to say that we are against victims. We brought forward some facts and we want to improve the process and the legislation. That does not make us anti-victim. On the contrary, we want to improve this bill to really meet the expectations of victims who expressed their opinion on this matter.

Could victims be disappointed in regard to certain expectations? Regardless of what the minister may think, anyone who was expecting the justice system to change, perhaps in terms of access to justice, will be disappointed, because there is not much in this bill to address that.

It does give victims certain rights when it comes to the possibility of being informed, being able to make comments, and so on. However, given how trial proceedings unfold, this bill is not necessarily the guarantee they were hoping for. This is not necessarily a mistake on the government's part. Rather, the mistake was letting victims believe that they could have that right. Indeed, people will be even more disappointed about that. I feel sorry for the first victim who invokes the victims bill of rights and then makes a particular demand based on that. Many courts of law will say that that is not how it works.

Let me say right away that the NDP will be supporting this bill at second reading. I hope we will have time to read it and study it thoroughly in committee.

At least there are ways to ensure that victims fully understand the limits and the scope of this bill of rights, so that they do not have any more false expectations than they might already have. Indeed, if they are relying solely on the headlines we see in some newspapers, they probably think they have acquired certain rights that they absolutely do not have.

There is another huge problem with this bill of rights. It has many limitations. Again, no matter what the minister says, the Conservatives inserted a section on complaints. In caucus, I used the analogy of the complaints system that exists in the provincial health care system. For instance, someone who goes to the hospital and is unhappy with the service they receive can file a complaint, and this has no binding effect on anyone. The bill of rights states quite clearly that, regardless of the context of a complaint, this does give the person exercising their right to complain any further legal rights. Therefore, this is not a legal remedy that would allow us to say that anyone who does not listen to victims could be penalized.

It is the same thing with restitution. The minister talked about it earlier. This is not the first time he has talked about this, but he made much of the fact that the cost associated with everything involving crime is somewhere around $100 billion and that the victims bear 83% of those costs. There is nothing in this bill, nothing in the budget, nothing anywhere to help victims where they really need it.

In committee, a mother talked to us about what happened after the murder of her daughter, who was in another province. Obviously, as the mother of someone who had been killed, she wanted to attend the trial. She had to pay her way to and from the courthouse. We know how long this type of trial can last. It cost her hundreds of thousands of dollars. Can I now tell her that thanks to the victims bill of rights, she can be compensated? There is not much hope for her.

Of course, members on the Conservative benches are going to say that when it comes to victims, certain things fall under provincial jurisdiction. However, there could have been a national agreement to send money to the provinces to provide victims the level of compensation they need. How many victims' compensation programs have been cancelled? How many programs are not really getting more money? The government is constantly throwing in our face the fact that it has invested $120 million. Just saying $120 million in the same sentence as the minister's $100 billion shows how inadequate all this is.

As far as restitution orders are concerned, I will provide an example for the victims watching us who think they will be compensated after a criminal trial. First, the judge will have the discretion to establish whether that is appropriate in the case at hand. Does the government really think that every accused person in our justice system has the means to pay restitution?

In life we have to be realistic. In some cases, my client is justified in suing, but the person to be sued does not have a cent. We can get the order we want, but we will not be able to execute it.

With respect to expediting the process, in a case where the court finds that, in the circumstances, it can order payment of a given amount by the accused who is found guilty, the order may not necessarily be automatic, even if it is desirable. We must not get peoples' hopes up. Otherwise, they will think that they do not need civil remedy. Nowhere does it say that this will be a court order. However, if there is an order, the person can have it executed before the provincial court that would deal with the situation at the civil level.

I like that because I have always found it ridiculous that victims have to testify in several criminal courts and have a parallel civil suit, which often has to start at the beginning. In fact, the civil proceedings must often wait until the criminal trial has been completed, and so forth. That just slows down the entire process.

For the victims listening to us, I repeat that they must not expect too much. There is no guarantee that they will automatically have rights that are as specific as those described by the minister.

We wonder about some of the bill's provisions. We will have to see what it is about. I was a little surprised to see the removal of the exception to the Canada Evidence Act concerning testimony by spouses. I am not against that, but I question the fact that the victims bill of rights is being used to make this change to the Canada Evidence Act. We shall see. I do not know why they are doing that all of a sudden. It could have been done in another way, but we shall see.

Furthermore, there is something that has been bothering legal experts, and I asked the minister a question about it but did not get an answer. I asked him whether he has confirmation that the Canadian victims bill of rights is consistent with the Canadian Charter of Rights and Freedoms, which takes precedence over this bill of rights and the Constitution.

Was any consideration given to testimony being provided under a pseudonym? This is allowed in some court cases for safety reasons, and I think everyone understands that. However, a number of these provisions already exist. They may not be codified as they are now in the bill of rights, but they already exist under the principles established by the statement for victims of crime that the federal government signed in 2003.

People are able to testify behind a screen for very specific reasons. The defence lawyer and the accused still have the right to see the persons involved, as long as there is no contact between them. The courts have some discretion in this regard.

As I said in the various panels I participated in after the bill of rights was introduced, I am very pleased—for once—to see that the government did not try to do what it loves to do with other bills, which is to take away the court's discretion to assess each case, since each case is truly unique. We must ensure that we achieve our goal without eliminating the fundamental concept of criminal law, which is the presumption of innocence.

In an article published in the National Post, Christie Blatchford, who is certainly no friend of the NDP, wrote a rather scathing criticism of the new Canadian victims bill of rights.

I would not want to misquote her, so here is the title of her article: “Victims need help? You must be kidding”.

In other words, it is tantamount to uttering a truism. It is true, but at the same time, if you read her article, you will see that many of these rights already exist.

In the courts, you often see crown prosecutors taking the time to explain the process to victims and talking to them about what they will have to get through. True, it is not the same everywhere. Still, it is also true that there is a major problem with resources in the courts considering the number of crown prosecutors and the number of judges.

These are very serious problems that this government should tackle if it does not want its whole law and order agenda to blow up in its face. Sooner or later, the government will have to be logical and provide resources. It will have to put its money where its mouth is.

That is the part that is always missing from government bills that talk the talk: they never walk the walk; they never give victims access to the resources they need in the courts.

Some do, sure. However, one of the major problems victims face is how slow the legal process moves. Until the government figures out how to fix that problem, it can put all of the principles it wants on paper, but it will never fix anything. The government has to improve access to justice so that the whole process can move faster. It has to ensure that neither the accused nor anyone else involved in a case has to wait too long.

Those who have some experience with criminal law know that victims often sit in the hall, waiting and feeling stressed because participating in the process is very stressful.

The minister is right when he says that not all victims will want to use this kind of service, but those who go to court—as witnesses, as victims, or just to ensure that everything is happening the way it should and to keep a close eye on every step of the process—would like to see justice served within a reasonable period of time.

When the minister appears before the Standing Committee on Justice and Human Rights, we want to ask him about funding. We want to know how much money will be allocated to implementing the measures in this bill on the Canadian victims bill of rights.

Victims need psychological help as part of their rehabilitation. I am not talking about rehabilitating the person who has been found guilty. I am talking about the victim who, at some point, must cease to be a victim and move on. We need to give them a hand, and I believe that the responsibility falls to each and every one of us.

The minister can stand up and say that we can fix the situation with the help of the person who has been convicted. That is all well and good, but that person needs to have the means to pay, which is not always the case.

In that situation, should the victim just be abandoned? Instead, should we, as a society acknowledge that it is up to us to take responsibility, even though the government is not keen on the issue?

It is our collective duty to help victims overcome difficulties, not only in relation to the trial and the various criminal stages, but also in relation to their personal lives, so that they are no longer in that group of people who take on 83% of the $100 billion price tag.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:55 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I appreciate my colleague's comments.

The NDP supports the principle of this bill and they support sending it to committee for further study. However, the comments that I heard did not criticize the substance of the bill.

I listened carefully to the member opposite and she appeared to criticize the fact that the bill had not come in soon enough, that it did not go far enough, but that it maybe went too far in other areas. I am still waiting to hear from her whether she sees actual improvements that could perhaps build upon the principle. Let us not forget for a moment that it is our government that is bringing forward a bill of rights to protect and enhance victims' participation in the system. No other government in the history of Canada has given the attention and focus this government has to the entrenchment of rights for victims.

She referenced, in fact, the issue with respect to spousal immunity. She would know that some 40 Criminal Code offences already waive spousal immunity, and we have gone further to ensure that all of the evidence in the truth-seeking exercises of the court can include the testimony of spouses for things such as murder, terrorism, and major fraud.

This is a bill that takes monumental steps forward in entrenching in one federal law the protection of victims. I would suspect that the members opposite would want to see this bill enacted quickly, and I look forward to working with her and other members to see this bill pass through the House and become the law of the land.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 4:55 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, the member opposite said that I did not criticize the substance of the bill, but it is somewhat difficult to do that when the bill has no substance. That is basically what I am trying to say.

I hope he understands that I am extremely disappointed. After hearing what the government was saying, I got my hopes up, as did victims. Perhaps it is impossible to put everything down on paper, but if that is the case, stop holding press conferences just to blow hot air. The government is unable to deliver on the promises it made at the time.

That is the danger the Conservative government was facing. That is precisely the trap it fell into and that it set for itself. The government gave the impression that its Canadian victims bill of rights would fix every issue that victims are experiencing, but anyone who reads the document closely will know better.

The minister said that no other government has proposed such a bill of rights. I would like to believe that, but some provinces have moved faster than the federal government. They have already determined, in terms of their dealings with the courts, how this should be handled and how the various players in a criminal trial should work with the victims. The minister may not have stepped foot inside a courthouse in a while, but there are often people there who are specifically tasked with ensuring that victims know exactly where they are going.

As for spouses who could be called on to testify against one another, I am quite aware that this already exists in other legislation. That is what I was trying to point out. Why put this in a victims bill of rights when the Conservatives have already created other laws? Why not place it in the context of specific offences instead of in a victims bill of rights? That is the point I wanted to make.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 5 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise to ask my hon. colleague a question.

My question has to do with a specific topic, perhaps one of substance. It is about the fact that all victims have the right to information, upon request. The bill states a few times “only on request”. I think my colleague knows that under California's victims bill of rights, victims are given a card, and not just when they ask for it. Why are my colleague's thoughts on that, particularly for enhancing victims' rights?

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 5 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, the things that can be requested are written down. Asking is one thing; receiving is another.

Let me give you an example. On page 11 of Bill C-32, it states:

10. (1) Subsection 278.7(2) of the Act is replaced by the following:

(2) In determining whether to order the production of the record or part of the record to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other...

Victims can ask for certain things under the bill of rights, and that is fine. However, there are many qualifications attached. I am not saying this is bad; I am simply telling the government to stop pretending that this solves all the world's problems. That is not true. It should not be raising victims' expectations, for if they were to rely solely on the headlines in the media, they might think this is paradise. This is not the case, and the fall back to earth will be brutal.

That is all I have to say. Perhaps the government needs to change its rhetoric and use a tone that is a little more reserved, to stop making victims believe in things that do not exist.

Victims Bill of Rights ActGovernment Orders

April 9th, 2014 / 5 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, shortly before the bill was introduced, Andrew Swan, the Attorney General of Manitoba, mentioned that Ottawa would do well to create a national program in co-operation with the provinces.

We don't want this to be an exercise where the federal government lays down some regulations, say they've done their job and then wash their hands of it...[I]f the government doesn't create a channel to make the bill enforceable — like Manitoba's support services office — then it is an empty gesture.

As my colleague mentioned several times in her speech, resources are the sinews of war. Without people in the field and without resources, a piece of legislation does not make any sense. I would like the member to comment on the Attorney General of Manitoba's statement.