Victims Bill of Rights Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-32s:

C-32 (2022) Law Fall Economic Statement Implementation Act, 2022
C-32 (2021) An Act for the Substantive Equality of French and English and the Strengthening of the Official Languages Act
C-32 (2016) An Act related to the repeal of section 159 of the Criminal Code
C-32 (2012) Law Civil Marriage of Non-residents Act
C-32 (2010) Copyright Modernization Act
C-32 (2009) Law An Act to amend the Tobacco Act

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 RightsGovernment Orders

June 6th, 2014 / 1:20 p.m.

NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, I will begin my speech by assessing the merit of what is new about Bill C-32, which creates the Canadian victims bill of rights.

As I have done in the past, I will assess this bill's merits, meaning that I will focus on specific components of the legislation we are looking at today. Given that Bill C-32 is quite broad and I do not want stray off topic, my comments will address specific elements.

Some provisions in this legislation introduce changes to administrative rules and rules about the admissibility of evidence. During my speech, I will try to define the potential impact that this will have on the practice of criminal law, for both the prosecution and the defence.

I often try to relate bills to my former profession. That is why I will try to take the principles of the bill and apply them to the practice and reality of someone who practises law. That is my goal for the next few minutes.

I will also talk about the possibility of a victim's spouse testifying if the victim is deceased or incapable of acting on their own behalf, as long as the couple has been in a conjugal relationship for more than a year. That is one of the components of Bill C-32; however, the Canada Evidence Act already addresses that issue.

It seems to me, based on my evaluation, that the government is simply trying to take credit for that measure, since most Canadians are not necessarily aware of the subtleties of the Canada Evidence Act and the rules governing the presentation of evidence. It is quite possible that the government is introducing concepts in its bill that already exist and are automatically applied by lawyers, legal practitioners and those involved in the justice system. This would give the government a certain amount of media coverage.

This aspect of Bill C-32 merely codifies a pre-existing override to the best evidence rule. This rule is set out in the Canada Evidence Act and applies to all criminal and civil proceedings and any other matters under federal jurisdiction.

The best evidence rule is one of the first notions students learn in criminal law courses. According to this rule, jurists and judges must always try to find the best evidence. If a witness has evidence to present or wants to be heard, then technically, he or she must be allowed to testify.

The same is true under the Canada Evidence Act. Under Bill C-32, if victims are physically or emotionally unable to appear in court and testify as a result of the incident that occurred, their spouse could testify on their behalf. There are terms, conditions and technicalities that go along with that, and the victim and his or her spouse also must have cohabited for a period of at least one year, but the fact remains that the spouse could come and testify on behalf of a victim who is unable to do so.

The Canada Evidence Act already provides for that eventuality. Subsection 6(1) of the Canada Evidence Act, entitled “Evidence of person with a physical disability”, reads as follows:

If a witness has difficulty communicating by reason of a physical disability, the court may order that the witness be permitted to give evidence by any means that enables the evidence to be intelligible.

This provision covers any physical disability that would technically prevent an individual from testifying in court.

I would also like to quote subsection 6(2), entitled “Evidence of a person with a mental disability”, which reads as follows:

If a witness with a mental disability is determined under section 16 to have the capacity to give evidence and has difficulty communicating by reason of a disability, the court may order that the witness be permitted to give evidence by any means that enables the evidence to be intelligible.

What the government is trying to codify today with this victims bill of rights is, to a certain extent, already covered. My colleagues opposite will likely object and say that minor details have been changed and updates have been made, including the length of time that the couple must have been cohabiting before the spouse can testify on the victim's behalf. However, this eventuality is already covered. I will come back to the idea of updates later.

By way of information, I am going to read subsection 6(3), which says the following:

The court may conduct an inquiry to determine if the means by which a witness may be permitted to give evidence under subsection (1) or (2) is necessary and reliable.

The rules are flexible and apply case by case. The court has to determine whether, under the Canada Evidence Act, the witness who should technically give evidence as an individual is in full possession of his faculties and competent to do so. There is significant latitude and discretion here.

That is more or less how criminal law works on the ground. Judges enjoy significant latitude, and legal interveners in general enjoy significant latitude in applying the rules of evidence. I have seen situations in which witnesses were called to testify even if they were in a separate room or a special booth set up for that purpose. There is equipment set up in the courts to handle any situation, such as when it is a child or a victim who does not want to face the attacker. All kinds of situations are taken into account, and the justice system being what it is, it has to adapt to the realities and vagaries that come up from time to time in a jurist's life.

The main objective of the NDP legal experts assigned to study this bill in committee is to ensure that the Canadian victims bill of rights is a good fit with the Canadian justice system and responds to the victims' expectations and recommendations. That is the problem because aside from all the window dressing and highly publicized media events, we must first and foremost focus on the essentials. I keep saying, like a broken record, that we must focus on the position expressed not by just a few individuals or groups whose message provides a good sound bite, but also by all Canadians. In this case here, we know that there are many victims all across the country. Rather than using victims for purely utilitarian purposes, we must truly listen, take note and adjust our own legislative tools accordingly.

The bill before us has all the hallmarks of a utilitarian initiative geared toward gaining—

Victims Bill of RightsGovernment Orders

June 6th, 2014 / 1:25 p.m.

The Speaker Andrew Scheer

Order, please. Unfortunately, it is now 1:30 p.m. The hon. member will have two minutes and 30 seconds to finish his speech the next time this bill is before the House.

The House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from June 6 consideration of the motion 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.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, it is my honour to rise to speak in support of the bill. Our party has been very clear that we are in support of the bill.

Mr. Speaker, I am having a hard time speaking over the government House leader. If he could have the decency to quietly—

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:10 p.m.

The Acting Speaker Barry Devolin

Order. All hon. members are happy to see the two House leaders speaking, but possibly they would like to take it outside the chamber.

The hon. member for Edmonton—Strathcona.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Thank you for your intervention, Mr. Speaker. It is important that we show respect to all members of this place, particularly given the nature of the bill before us, Bill C-32, the victims bill of rights act.

As I have mentioned, we fully support this bill, but we have raised a number of issues. The bill could be strengthened with some straightforward amendments. I note that a good number of the inadequacies that we have pointed out mirror those raised by the ombudsman, and I will reiterate those shortly.

I am pleased to say that in the courts in my province, and most likely courts across Canada, victims of crime and families of victims have been allowed in many instances to present victim statements both for sentencing purposes and during parole proceedings. It is very important that those most impacted by crime have an opportunity to be heard.

We fully support the principles of this legislation. These promised provisions have been a long time coming. It is good that the government has finally come forward with the bill. It is regrettable, however, that the government failed to include resources in the budget to enable people to participate constructively in these processes. That is one of the inadequacies clearly identified by the victims and the families of the victims and the ombudsman herself.

We support sending the bill to committee. We look forward to recommendations from many quarters as to how the bill could be strengthened to protect the rights of victims while participating in the criminal process.

The media covers bad cases in every jurisdiction. There is great sympathy for the families of victims of serious crimes. In my city there was the case of Dougald Miller, who was attacked and seriously injured and has been bedridden ever since. He is being tended to by his wonderful wife Lesley Miller, who has attended every court session and every parole hearing. Our heart goes out to her. At committee we hope that one of the recommendations will be for more resources to be provided to the families who are left to deal with the impacts of crime.

As I have mentioned, one of the most cogent presentations on this bill was made by the Office of the Federal Ombudsman for Victims of Crime. I would like to reiterate to the House what the ombudsman's comments have been on this bill.

She, as we have, commended the government for introducing the first ever victims bill of rights and for the consultative process that took place, but there continues to be debate about the bill's contents and some of its inadequacies. She said that Bill C-32 marks a significant cultural shift. She recommended that it be strengthened by adding additional provisions. I would like to outline some of those provisions to the House.

The federal ombudsman previously made 30 recommendations to the government to be included in the bill. Her commentary speaks to where she feels the government has and has not addressed those recommendations.

It is important for us to keep in mind that the ombudsman prepared her recommendations after direct consultation with many victims of crime. They are solidly based recommendations premised on the actual experiences and needs of the victims and their families.

The ombudsman also stated that she supports expanding the definition of “victim” to include those who experience property damage, but she is concerned that it excludes certain categories of persons who might be harmed. She suggested that could be revisited.

The ombudsman supports, as do we, victims of crime being recognized, but there is no way for them to exercise that right. While it is called a right, there is no recourse to exercise that right. Normally when rights are enacted, there is some kind of mechanism whereby those rights can be enforced, such as in the courts, at a tribunal, or some kind of formal complaint process where there is redress. Unfortunately, the bill does not provide that. A number of people have raised that issue. I think that will be discussed in committee. We are hopeful, as is the ombudsman, that those inadequacies will be addressed.

It also allows the victim, on request, to have access to the defender's bail or probation order. Suggestions have been made that this should not have to be a request, because many victims or their families may not be aware of these rights and opportunities, and that this information should simply be automatically provided.

Here is one issue that has been raised by one of my colleagues, our critic for public safety. Interestingly, simultaneous to the tabling of this bill, there was another bill tabled that dealt with victims' rights. It was victims' rights before the Parole Board, I understand. These two bills will come forward to two different committees simultaneously. One will go to the justice committee and one to the public safety committee. However, they do not seem to be particularly consistent. Therefore, it is recommended that this be considered during the review of Bill C-32.

One of the recommendations has been that in many cases with these crimes—and certainly I can speak to this because I was one of the founders of the sexual assault centre in Edmonton—victims may not feel comfortable attending proceedings and coming face to face with the accused. Therefore, the recommendation is that, in the review of the bill, perhaps we give consideration to video conferencing so that the victims could, potentially, just observe the proceedings, or they may even be willing to give testimony or statements, but not be physically present.

In addition, the ombudsman has commended the fact that judges will have to take victim safety and security into account at various stages of the criminal process including bail, plea bargaining, sentencing, protecting against production orders, testimonial aids and measures to protect witnesses. Indeed, it is good that victims of crime and their families who are impacted should have potential access to all of these proceedings. However, from my experience, the biggest barrier for impacted persons—whether it is a regulatory offence, or whether or not it is an important decision impacting a community, or whether or not it is an alleged crime—is that they do not have equal access to the resources to participate constructively. This has certainly been the problem in many environmental reviews, many environmental appeals, and is also the same problem with victims coming forward.

Regrettably, there are also few to no resources made available in many cases. For example, there may be a crime that occurs in Fort McMurray, Alberta, but the family of the victim may be based in Newfoundland and Labrador. Obviously, it would be a huge expense for them to appear at a trial or a parole hearing and actually testify. They would have to pay the travel expenses. They may have to take time off work. They may have to get child care. There are two potential solutions here. One is to provide the funding so that they can genuinely intervene, or secondly, use video conferencing.

Therefore, I look forward to all parties taking a close look at this bill in committee. It is one thing to suggest that it is good that victims should be able to participate. It is another thing to actualize that right. That right is only actualized when they can constructively and realistically participate.

I look forward to questions from members on the bill. Again, I commend the government for coming forward, but we look forward to the government actually being open to amendments, and open to amendments coming from all quarters. I know that all parties look forward to witnesses coming forward and testifying.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:20 p.m.

NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I would like to thank my colleague for her excellent speech. The amount of work she put into it reflects really well on the amount of work she puts in her own riding. She is probably the best MP that riding has ever had.

As for the bill, she mentioned toward the end that there is a problem with financing. Once again, we are in a situation where the government is downloading onto the provinces the costs of these programs. There seems to be a real misunderstanding with the government when it comes to affording individuals rights without any ability to exercise them. It would seem it only cares for rich people, the bourgeois, who can afford rights. If one is less well off, how can one possibly be able to afford the rights that are being presented? Is this not just another example of the government ignoring the average Canadian and just making bills for people who are wealthy and probably already have sufficient access to the courts?

I am wondering how we can address the problem of the lack of funding.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:20 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, actually, that was one aspect I meant to mention but did not. My understanding is that this law would empower the courts to impose restitution orders. The problem is that in not all cases does a convicted person have the resources to compensate the victim or the family of the victim.

There are a lot of cost issues related to crime. One of them is direct compensation if one's property or person are harmed. The ombudsman has pointed out that the bill would also not accommodate people if there was damage to property in the course of a crime.

In addition to that, I note that the MP for Toronto—Danforth said that what we do not have is a fund to generally support the victims of crime who might suffer trauma. We talk a lot about support for mental health. There are a lot of needs associated with the victims of crime, and we look forward to finally seeing something in the budget to address this bigger issue. However, it should also be addressed in the bill to be a real right.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:20 p.m.

NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I have some questions and I would like to put one of them to the member, who gave an excellent speech.

In Quebec, there is a law that helps victims of crime. Has the member noticed whether laws have been harmonized or the provinces have been consulted about harmonizing different laws in order to move in that direction?

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:25 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, that is a good question. I am afraid I cannot answer it, but it is obviously an important factor.

It will be important when the bill comes to committee that we hear testimony from the Attorneys General and the Solicitors General across the country, not simply from victims' rights groups that are NGOs and are probably grossly underfunded. It will also be really important to know which of these provisions would duplicate what is already going on in the provincial courts. Do they conflict in any cases? Are there any cases where there could be dual funding for some of these initiatives?

It is an excellent factor that should be considered in the review of this bill.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:25 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, the Conservatives always say that they are tough on crime and that they stand up for people affected by crime. However, my colleague just said that the people targeted by this bill will not necessarily be aware of the recourse they have.

Will victims advocacy groups be required to give them that information? What does my colleague think the government could do to ensure that there is greater awareness of victims' rights and that the law is fully implemented?

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:25 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I guess I could briefly reference the ombudsman's report. She has very carefully laid out a number of recommendations that would embellish and strengthen this bill.

It is certainly important that if people are going to access rights, they have to be informed of their rights. There should be an obligation on the government in this bill to inform all victims of what their rights are under the bill, who is responsible, and what the process would be.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:25 p.m.

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

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

I would like to begin by saying that the NDP is going to support this bill so that it can be examined in committee. We should examine it clause by clause as carefully as possible. We are going to ask the witnesses called by the government, the NDP and the third party good questions, because that is important.

We have been waiting eight years for this bill. Finally, it is here and we have to be able to work with the government to make changes and amendments if necessary.

I am going to provide a bit of background. This is a promise that the Conservatives made eight years ago. When the Conservative government took office, it promised, at several press conferences, that it would introduce a bill to enact a Canadian victims bill of rights. It happened this year. Until September 2013, Justice Canada held in-person and online consultations and finally Bill C-32 was introduced.

The Office of the Federal Ombudsman for Victims of Crime actively participated in these consultations and provided a list of nine recommendations, most of which the government took into account.

My speech will focus on our concerns and what aspects of the bill we should examine together in committee.

The office made the following recommendations for a bill of rights: enforceable and usable; integrated, accessible and simple services and resources with minimum standards across the country; inclusive definition of victim to include anyone in Canada harmed by crime; equitable, respectful and individualized; voice and standing; right to information; financial protection and support; psychological support and resources; and limit opportunities for offenders to profit from crimes or re-offend.

At first glance, the Canadian victims bill of rights takes into account most of these recommendations. However, there are a few that I am concerned about, and that I believe weaken this bill. As I mentioned a number of times, I hope that we will be able to work together as good parliamentarians should. The victims of our country are already fragile enough and we must give them all the help we can. That is how we will make progress.

The problem with this bill is that it does not provide for any financial assistance. We have heard that no one knows just how familiar victims will be with their rights. My colleague also talked about that. We do not know whether victims will be aware of what assistance they can request. We have to wonder whether support will fall to community groups.

I have an interesting statistic that shows that, right now, community groups provide the bulk of assistance to victims. The work is often done by volunteers. Groups that provide services to victims usually have employees, but they also have volunteers who provide assistance to victims. In 2011-12, 72% of victim service providers relied on volunteers.

I love volunteering and I think it is important, but I am not sure whether victims of crime should be dealing with volunteers. Should they not have access to someone with training in that field? It is not always easy to work with crime victims. They are dealing with a lot of feelings, emotions and an incredible amount of stress. It would be good for the bill of rights to provide for some funding to organizations that provide assistance to crime victims.

I have another concern about the money being allocated. A study released in 2011 by the Department of Justice found that the total cost of crime is an estimated $99.6 billion a year, 83% of which is borne by the victims.

A victims bill of rights should, first and foremost, provide financial assistance. Costs borne by victims could be associated with transportation, communication or support, for example, when they need help getting to a particular location. A first step would be to help cover the costs associated with the consequences of being the victim of a crime.

Furthermore, according to the 2009 General Social Survey, 7.4 million Canadians reported being a victim of a criminal incident in the preceding 12 months. Since this bill affects one-quarter of Canadians, we must listen to them. I am sure that that the topic of costs came up during the consultations that were held.

According to that same survey, 47% of women over the age of 15 who said that they had been sexually assaulted by their spouse or a partner in the preceding 12 months said that they did not report the assault to police. It was sometimes out of shame, out of fear of retribution or out of fear that no one would believe them or that they would be blamed for what had happened. If nearly half of women who are victims of assault do not feel they can report it to police, out of shame or for other reasons, perhaps it is because we need to provide services to those women.

If women are ashamed to report that they are victims of a crime, we need to ask ourselves what can be done. The victims bill of rights will help victims who go to the police and take legal action, but we need to make sure that we have something to help the men, women and children who are afraid to go to the police. Unfortunately, this bill does not contain any provisions to address that problem.

We are calling on the government to send this bill to committee. We want victims to have access to the support and services they need. That is of the utmost importance to us. That is how we can best address victims' needs. We acknowledge that, for many victims, being able to participate in sentencing and parole hearings is progress. However, as I said, there are elements in the bill that could be strengthened.

To conclude, I would like to quote Steve Sullivan, the first ombudsman for victims of crime. On April 3, he said:

It’s a good bill, as far as it goes. I think the biggest problem though is that the minister of justice promised this would put victims at the heart of the justice system, and it falls very short of that.

He added:

The concern I have is that a lot of victims who are out there who aren’t going to read the bill, who aren’t going to go through the fine print are going to read the headlines and think that the system has fundamentally changed and it hasn’t.

These days, it is all about keeping people informed. Without financial backing, it will be difficult to make sure that victims are well informed. The bill of rights should include provisions to ensure that victims get the support and help they need. The government says it is tough on crime, but when 50% of female victims of crime do not report the crime to the police, we have to ask ourselves some questions. We have to convince these women that there will be progress and that the police will take them seriously and be with them every step of the way as they deal with their very difficult situations.

I would like to reiterate that I will be proud to support this bill, but I hope that my Conservative colleagues will be able to work with us to improve the final version of it.

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:35 p.m.

NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I thank my colleague for her excellent speech. Clearly, she knows what she is talking about. This goes to show how knowledgeable she is about issues that affect her community. She is doing extraordinary work in her riding.

Our party will definitely support this bill at second reading because it deserves to go to committee for further discussion. The bill does have some flaws that we need to talk about.

The Conservatives have been promising us this bill for years, but have not introduced it until now. They keep campaigning on empty promises and never come through with something we can read. They try to convince Canadians to support bills without telling them exactly what is in those bills. We are glad that they have finally put things down in black and white in this case.

Even though we have it in black and white now, it is still a mirage. The government introduced a bill that is supposed to help victims, but it is not giving them the means to use the tools that will be available to them. Moreover, as my colleague pointed out, because none of this will be advertised, victims will not even know what tools are available to them.

The tools will be in place, but unfortunately no one will know it. Furthermore, the victims will have a hard time using those tools.

What does my colleague think of the lack of funding in this bill?

Victims Bill of Rights ActGovernment Orders

June 13th, 2014 / 12:35 p.m.

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I thank my colleague for his question. I know that he was here when we were talking about this bill and that he is also very interested in moving it forward.

I would like to read an excerpt from a press release issued by the Association québécoise Plaidoyer-Victimes on April 3 that supports what my colleague is saying. Although this association supports this bill, it feels that “certain conditions must be met if this bill of rights is going to have real influence and not just make empty promises.”

That is kind of what my colleague was saying. When the government proposes a charter like the Canadian victims bill of rights, it has a responsibility to ensure that victims will be given all the psychological and financial support they need to move forward in the justice system.

It is important to give the justice system leverage, but the victims have to be at the heart of that approach and that is not the case at the moment. By providing victims with financial support, we would be putting them at the heart of these initiatives.