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.

National Action Plan to Address Violence Against WomenPrivate Members' Business

May 13th, 2015 / 6:30 p.m.
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London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, I welcome the opportunity to participate in this debate on the motion before the House today, put forward by the member for Churchill. It deals with the very important issue of ending violence against women and girls. Our government takes the issue of violence against women and girls very seriously, and we have taken a multi-faceted approach to addressing it. Allow me to take a few moments to discuss some of the actions that we have taken.

We have made communities safer for all Canadians by enacting over 30 measures into law since 2006. For example, amendments to the Criminal Code made under the Safe Streets and Communities Act that came into force in 2012 promote safety and security. They also assist in holding criminals fully accountable for their actions through increased penalties for violent crimes, including child sexual offences, and restrictions on the use of conditional sentences and house arrest for serious and violent crimes.

Another example is Bill C-13, the Protecting Canadians from Online Crime Act, which came into force in March. It provides for a new Criminal Code offence, the non-consensual distribution of intimate images, which prohibits the sharing or distribution of nude or sexual images without the consent of the person depicted.

We have supported the needs of victims with Bill C-32, the Victims Bill of Rights Act, which received royal assent on April 23. This bill provides rights for victims of crime, many of which will benefit women who have experienced violence. For example, the bill gives victims the right to have their security and privacy considered, the right to be protected from intimidation and retaliation, the right to request the protection of their identity if they are a complainant or witness in a criminal justice proceeding, and the right to request testimonial aids.

Another recent example is Bill S-7, the zero tolerance for barbaric cultural practices act. This bill would address forms of family violence that are predominately perpetrated against women and girls. It contains proposed amendments to the Immigration and Refugee Protection Act, creating a new form of inadmissibility to Canada for those practising polygamy. It includes proposed amendments to the Civil Marriage Act to codify the requirement for free and enlightened consent to marriage and to introduce a new national absolute minimum age for marriage of 16. The bill would also introduce proposed new offences in the Criminal Code related to forced or underage marriages. It would extend the offence of removing a child from Canada to include removal for the purpose of a forced or underage marriage abroad, introduce a new forced or underage marriage peace bond to prevent these marriages from taking place, and limit the application of the defence of provocation so that it would not be available in honour killings and some spousal homicides.

These examples highlight the leadership role of our government in responding to violence against women and girls by establishing a strong legislative framework to protect victims and hold perpetrators to account. These legislative actions are a critical element of the multi-faceted approach that we have put in place to reduce and prevent violence against women and girls.

I would now like to describe some of the actions that we have taken beyond legislation. The Government of Canada has allocated more than $140 million since 2006 to give victims a more effective voice in the criminal justice system through initiatives delivered by Justice Canada. Last September, we launched the latest phase of the stop hating online campaign to combat cyberbullying. This is a national awareness campaign to protect our children and youth from cyberbullying. On February 20, the Government of Canada announced a 10-year $100-million investment to prevent, detect and combat family violence and child abuse as part of our government's commitment to stand up for victims.

On April 1, the Government of Canada began the implementation of its action plan to address family violence and violent crimes against aboriginal women and girls. We also continued collaborating with aboriginal leaders, aboriginal communities and other levels of government to get the most out of our respective action plans.

Our government also believes in giving communities the tools to help end violence against women and girls. That is why we have increased funding to Status of Women Canada, including the women's program, to record levels. In fact, we have invested over $162 million in more than 780 projects through Status of Women Canada since 2007. This includes over $71 million in projects to specifically address violence against women and girls. These efforts include a number of different calls for proposals for projects in rural and remote communities and in post-secondary campus communities.

Another call for proposals is helping communities respond to cyber and sexual violence. More than $6 million has been invested in these projects through Status of Women Canada so far.

My view is that we must continue taking actions like the ones I have described today, and therefore I will not be supporting this motion. However, we must continue working together because we know that no single individual, organization or government working alone can address the problem of gender-based violence.

We have made this issue such an important priority because we know that helping women and girls live violence-free lives is the right thing to do. However, we also know something else. We know that enabling women and girls to live free of violence removes a barrier to achieving their full potential for themselves, their families and their communities. Doing that will move us closer to equality in our country, which is something we all wish to see.

May 13th, 2015 / 4:20 p.m.
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Senior Assistant Deputy Minister, Policy Sector, Department of Justice

Donald Piragoff

I think on the Victims Bill of Rights I can explain that. The bill was only enacted in the third week in April when it received royal—

May 13th, 2015 / 4:20 p.m.
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Senior Assistant Deputy Minister, Policy Sector, Department of Justice

Donald Piragoff

As I mentioned to Mr. Casey, that matter is currently before Treasury Board, a cabinet committee. That committee determines how the money will be allocated to us. Even though Parliament allocates a certain amount of money, Treasury Board decides how much will be allocated to us for certain purposes, whether it goes to courts administration, to prosecution support, or to victims.

I can indicate, though, given the Victims Bill of Rights, we are expecting the money will go into the current victims fund, which will then likely be increased, and money then will be allocated to the provinces and organizations through the victims fund. It's just easier to manage one fund. The costs of administration are less, as opposed to managing many funds.

May 13th, 2015 / 4 p.m.
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Senior Assistant Deputy Minister, Policy Sector, Department of Justice

Donald Piragoff

The process, as I recall and I'll double-check to make sure, is that I believe the money was voted by Parliament last year and is in the fiscal framework. Parliament essentially puts money into the government's bank account. Treasury Board is the bank manager, and the bank manager decides how much they'll give each department.

Right now, we'll go before Treasury Board with a submission to release money that is already in the fiscal framework for the purposes of implementing the Victims Bill of Rights. The amount of that money I can't disclose at this time because it's still a cabinet confidence. That's why I said the minister will make an announcement once he receives approval from Treasury Board to spend the money, and the money then will be transferred to the Department of Justice.

The minister has, I believe, indicated, and I believe there were some announcements, last year as to some of the purposes of the money. Some of the money will, as you indicated, go to the provinces. There are not necessarily obligations on the provinces to create complaint mechanisms, but this legislation said—because of the difference in jurisdiction between sections 91 and 92 of the Constitution—if the complaint is against a provincial institution, such as a crown attorney's office or the police, the complaint mechanism is that of the province.

The federal government indicated we would create our own complaint mechanisms. The minister did indicate there would be federal funding available to assist provinces in enacting complaint mechanisms similar to that of the federal government. The federal government also indicated with respect to the collection of restitution there are some very good programs in some of the provinces. Saskatchewan has a very good collection program for restitution. The federal government indicated we would also provide some funds for assisting provinces in improving their collection mechanisms for restitution and indicating Saskatchewan might be a good model. It's up to the provinces to decide the model they wish to use.

The exact amounts and the details, as I said, I can't disclose because it's still before our cabinet committee, which is Treasury Board.

May 13th, 2015 / 4 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Thank you.

Mr. Legault, I wonder if you could provide a little more light on the information you gave earlier in your testimony with respect to transfers to the provinces. Actually, I'm asking Mr. Legault, but as I think of it now, I think it was Mr. Piragoff. Anyway, here's my question.

The Victims Bill of Rights Act creates an obligation on the provinces to establish a mechanism to deal with requests for information and complaints that didn't previously exist. We spent some time before a committee talking about the impact that those new obligations would have on provincial coffers. I think I heard you, Mr. Piragoff, or perhaps it was Mr. Legault, talk about it being within a fiscal framework before Treasury Board, but not in the estimates, and the subject of some future announcement. Can you shed any more light on that? Given that the Victims Bill of Rights has received royal assent, given that these obligations now rest with provinces, given that these things are going to cost money, how much is in the envelope and where can we find that information?

May 13th, 2015 / 4 p.m.
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Conservative

Jason Kenney Conservative Calgary Southeast, AB

That item, as you just mentioned, Mr. Harris, was commented on by Madam Justice Deschamps in her report that is taken into consideration by the military in its response.

I would be happy to announce, Mr. Chair, that the government intends to bring forward amendments to the National Defence Act that would mirror in military law the victims bill of rights recently adopted by Parliament, and that would strengthen procedural rights for victims of sexual aggression in the Canadian military and other crimes. That, I believe, also will respond to the concerns raised by Mr. Harris.

May 13th, 2015 / 3:40 p.m.
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Donald Piragoff Senior Assistant Deputy Minister, Policy Sector, Department of Justice

Thank you for the question.

I believe the money is already in the fiscal framework of the Victims Bill of Rights Act. Currently the process is before Treasury Board to authorize the release of the money to the department. When that happens, I think the minister will be making a public announcement as to the amount, and the intended uses for the money. The minister had indicated—I believe it was in last year's budget, 2014—that there would be money going directly to some non-governmental organizations as well as to the provinces to assist them in the implementation of the Victims Bill of Rights Act, to help them with respect to restitution programs and things like that.

May 11th, 2015 / 3:55 p.m.
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Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

It certainly appears that the national debate that was sparked by the Protecting Canadians from Online Crime Act has become well discussed across Canada. You hear teachers, parents, and students talking about it. I hear a lot of discussion about it with online groups on radio and television. I know you mentioned that the government has done some advertising on this. It's very important that all young people know about the dangers that are out there online, and how to protect themselves. That sounds like it's going very well, and I commend you for that.

I also want to ask you about the Victims Bill of Rights. You mentioned that as well in your opening remarks, and that has recently received royal assent. That is quite revolutionary legislation, as you know, and I know that you put a lot of effort into bringing that bill forward and having it passed in Parliament.

I wonder if you could tell us a bit about the Victims Bill of Rights, and in particular how the victims fund at the Department of Justice correlates with the bill of rights in enhancing services to victims.

May 11th, 2015 / 3:30 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Thank you, Mr. Chair.

Thank you, colleagues. It's a pleasure to be before you to discuss, as noted by the chair, the main estimates for the Department of Justice.

This is my 56th appearance before a standing committee as a government minister. Joining me today are the deputy minister of justice and deputy attorney general, William Pentney; the associate deputy minister, Pierre Legault; and senior assistant deputy minister of policy, Donald Piragoff; all of whom have extensive experience before committees as well and certainly within this department.

Mr. Chair and colleagues, in my role as Minister of Justice and Attorney General, I'm responsible for ensuring that our justice system remains fair, relevant, and accessible to Canadians. It also involves, of course, overseeing a significant budget, with an eye to fiscal prudence and respect for taxpayers.

The Government of Canada introduced measures in connection with several criminal justice priorities. Our objective is to to make our streets and communities safer, and ensure that our justice system continues to bolster the safety of Canadians through our criminal justice laws, policies and programs.

Among them, Mr. Chair, we are pleased to announce that the Protecting Canadians from Online Crime Act has come into force. This law takes effect very soon and deals specifically with law enforcement online. This is a bill with which you and members of this committee are very familiar. I thank you for your work in this regard.

We've seen increased activity with regard to the subject of cyberbullying, which has had a devastating impact on many young people in Canada, affecting their reputations, their self-esteem, and their mental health. Also, it has directly contributed to the unfortunate decision that a number of young people have taken to end their own lives, young people like Rehtaeh Parsons, Amanda Todd, Todd Loik, and countless others, which is why the government acted to protect young people from malicious online behaviour, such as posting intimate images on the Internet, and the insidious and relentless harassment that often follows.

This is coupled with outreach efforts that are ongoing, and with education and the involvement of many people and organizations—such as the Canadian Centre for Child Protection in Winnipeg—which have directly contributed to the assistance of young people who are feeling cornered, hopeless, and in some cases desperate. Things such as GetHelpNow.ca and Cybertip.ca are areas in which young people are able to access information about how to remove offending material.

The Government of Canada also understands that Canadians expect their justice system to keep them safe, and we are committed to protecting Canadians from individuals who may pose a high risk to public safety. It's an obligation and a responsibility that we take very seriously.

Obviously, the evolving threat of terrorism is one those most troubling threats. In response to this risk, we introduced a bill earlier this year, which again is a bill you're familiar with, Bill C-51, to strengthen our existing anti-terrorism laws to ensure that they continue to respond appropriately to all forms of terrorism.

As you know, the bill is currently before the Senate. Among other things, such as enabling police to be more proactive in identifying radicalization and acting accordingly, this bill will fill a current gap in the Criminal Code by creating a new Criminal Code offence criminalizing the advocacy and promotion of terrorism, including those that would encourage attacks on Canadians.

Protecting victims of crime is another area in which we have been very active, as has this committee. We are moving to provide a more effective voice in our justice system as a key priority for our government. Victims of crime deserve to be treated with courtesy, compassion, and respect.

Mr. Chair, to that end, we introduced the Victims Bill of Rights. It received royal assent last month. This legislation enables the rights of victims of crime at a federal level and establishes statutory rights to information, protection, participation, and in some cases restitution. It also ensures that there is a complaint process to deal with breaches of those rights.

Again, I could mention others that this committee has been seized with, including Quanto's law, tougher penalties for child predators, and several other bills, for which I again express my appreciation for the diligence of this committee.

Mr. Chair, the Department of Justice is estimating net budgetary expenditures of $673.9 million in the year 2015-16, which is a net spending increase of $43.3 million from the 2014-15 main estimates. The net increase in spending illustrates the Government of Canada's commitment to maintaining, as mentioned, the integrity and the importance of our justice system in terms of accessibility to it through programs and personnel.

Mr. Chair, one especially important area of increased spending, totalling $1.9 million, represents the funding in support of non-legislative measures to address prostitution. In 2014, the Protection of Communities and Exploited Persons Act came into force. This uniquely Canadian model was informed by the results of government consultations, public consultations, on the subject of prostitution in the aftermath of the Supreme Court's decision in Bedford.

That consultation received more than 31,000 responses from Canadians, in addition to the in-person round tables. This was the largest consultation, I note, ever undertaken by the Department of Justice to date, and it recognized in the legislation the significant harms associated with prostitution. In a combination of Department of Justice money and Public Safety money, $20 million is being made available through a fund over five years for programs aimed specifically at helping those who sell sexual services to exit prostitution.

Mr. Chair, this is a compassionate and common-sense program that we are delivering, and we believe it will make a positive difference. The funding will provide services such as trauma therapy, addiction recovery, employment training, and financial literacy. It could also be used to support transitional housing, emergency safe houses, child care, and drop-in centres. I can tell you that there has been tremendous uptake on this program funding. In addition, there will be funding made available to help law enforcement agencies connect with those who want to leave prostitution and help them find emergency or long-term services, such as those I just mentioned.

The new resources demonstrate the government's commitment to meaningfully support those exploited through prostitution. We are ensuring that the laws address as well the serious harms associated with prostitution and deliver the protection that vulnerable Canadians and communities have come to expect and deserve from this government.

Mr. Chair, in February of 2015, the government announced that it had extended its support for the aboriginal justice strategy to include an additional $11.1 million for fiscal year 2016-17. The aboriginal justice strategy supports community-based justice programs across the country that have delivered results in reducing crime and victimization in aboriginal communities. There are approximately 275 aboriginal justice programs. There is outreach to over 800 aboriginal communities now, touching every province and territory, both on and off reserve, and in rural, urban, and northern communities.

Lowering recidivism and reducing the overrepresentation of aboriginal Canadians in our justice system is at the root. The programs are cost-effective and produce short- and long-term savings for Canadians by freeing up police, court, and correctional resources to address more serious crime. This is in addition to other programs such as the $25 million that is directly focused on the subject of murdered and missing aboriginal women.

Although there was an effort with respect to the main estimates—an increase of $43.3 million—there have also been decisions taken around the providing of legal services as part of our commitment to better and more effectively manage resources. Within the department, there was a review of the legal services provided to all government departments. As you know, we do a great deal of work on behalf of other departments and other agencies in government. As a result, we've identified immediate measures to reduce legal services demand and costs. There is another wave that is aimed specifically at simplifying and increasing access to legal services. It will be implemented within the coming fiscal year.

Over the next year, the department will also continue to work to meet the needs of the Government of Canada's policy objectives. They include enhancing legislation to hold offenders accountable; supporting initiatives to address such issues as security and terrorism, as I referenced earlier; working with other departments to address crime prevention; rehabilitation, treatment, and enforcement activities that relate to illicit drugs; and continuing our aboriginal justice issues. I would also add to that list the work that's done with young offenders. In particular, there are various branches of this youth justice initiative that deal with guns and gangs.

These initiatives will help the Department of Justice continue to build a system that improves access and meets the diverse needs of Canadians.

Mr. Chair, the Government of Canada is determined to protect the integrity of our justice system. We have reaffirmed that commitment through the level of funding allocated to the Justice portfolio.

The items presented by the Department of Justice for inclusion in the 2015-2016 main estimates will help to guarantee that we continue to have a fair society that respects our legislation and has an accessible, effective and equitable justice system.

Finally, the funding that the justice portfolio has received delivers results. I'm proud to say that, aided by very able officials, we'll continue to see that these funds are spent wisely while ensuring that Canadians have the fair, relevant, and accessible justice system that they expect.

I want to again thank you, Mr. Chair and members of this committee, for your diligence and determination in examining in many cases very complex bills and for the contribution you are making in that regard.

I look forward to taking your questions over this period. Similarly, I know that officials here, along with representatives from the Office of the Director of Public Prosecutions, from the Administrative Tribunals Support Service, and other officials will be attending, I believe, at the next meeting, on May 13, to answer any questions in those particular areas.

Thank you, Chair.

Corrections and Conditional Release ActPrivate Members' Business

April 28th, 2015 / 7:55 p.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, upon listening to my speech, members will quickly understand not only my interest in but also my uneasiness—and even my ambiguity—in speaking clearly to the matter before legislators, namely Bill C-642, An Act to amend the Corrections and Conditional Release Act (high profile offender).

In October 2009, my cousin Natasha was savagely kidnapped by a repeat offender, a sexual predator. He murdered her shortly after assaulting her. The authorities found her body a few days later. My life, the lives of her close relatives and especially her mother's life were turned upside down forever. When the police caught this high-profile offender, his long list of misdeeds gave pause to our society: hostage-taking, repeated sexual assault, repeated domestic violence—which are all found in Schedule I of the Corrections and Conditional Release Act—and also drunk driving, road rage, drug possession and other offences.

It makes you wonder why he was out on parole. In reality, the real questions this evening are as follows: Would this bill have affected his release? How could the people involved have influenced this decision? I am not really convinced that it would have made a difference.

First, this amendment to the Corrections and Conditional Release Act concerning high-profile offenders is grossly inadequate, meaningless and unfortunate when we examine the scope of its provisions. There is absolutely nothing about their reintegration into society and, more particularly, there is nothing about providing resources to victims. Tracking the comings and goings of an offender in a neighbourhood or community is not going to alleviate the stress of victims of crime, let alone prevent offenders from committing other crimes in a community, regardless of how close by or how far the offender is living.

I will not even comment on the availability of drug treatment programs, mental illness treatment programs, and anger or violence management programs, let alone their effectiveness.

The objective of the bill is to require the Correctional Service of Canada, in certain circumstances, to disclose particulars of the statutory release of a high-profile offender by posting those particulars on the service’s website and to provide a written notice to the victim, but the bill definitely misses the mark. Our police forces already have the discretionary power to disclose all of the relevant information regarding offenders covered in Bill C-642 when they deem it necessary. In the specific case I mentioned, it would have been extremely necessary.

As a result, this objective, while laudable, calls into question the credibility of this bill, especially if we look at the results of the consultations this government has held on these types of issues since 2006. Not once have the Conservatives considered anything important coming from citizens' groups or stakeholders. The minister and his government simply hold phony consultations, which have become old hat now, in order to satisfy their need for control and partisan politics, at the expense of good public policy and good faith that could make our streets and neighbourhoods safer.

In this case, even though all kinds of people testified in committee that it was important to provide prevention programs or other types of programs to someone who is being reintegrated or released, nothing to that effect was included in this bill.

I would remind the House that according to the Correctional Service of Canada's definition, a high-profile offender is an offender whose offence dynamics have elicited or have the potential to elicit a community reaction in the form of significant public or media interest.

When the NDP voted in favour of Bill C-32, the Victims Bill of Rights Act, which provides for a mechanism for communicating information to victims regarding an offender's conditional release, we thought the issue was resolved. Alas, no, this is just more partisanship. The practical political interests of an upcoming propaganda campaign are the impetus for this bill, which serves no legal purpose and does nothing to improve public safety.

Specifically, this bill has to do with high-profile offenders who have committed a schedule 1 offence, as my colleagues have already mentioned. Such offences include causing injury with intent, using a firearm, invitation to sexual touching, child pornography, corruption, criminal negligence causing death, criminal negligence causing bodily harm, as well as dangerous driving, harassment, assault, rape and aggravated assault. Many of those offences were among the ones committed by the criminal I was talking about earlier.

These offences are enough to make Canadians shudder. Nobody wants the people who have committed these crimes anywhere near them. Everyone agrees on that. However, the victims' bill of rights already includes provisions on the disclosure of the comings and goings and all of the information the victims want.

However, victims do not always want that information. They just want to know that these predators are far away from them. Regardless of formal demands, criminals always come back. That is stressful for victims and can cause burnout.

We live in a changing world. People want to live freely, to enjoy health and safety. That is one of the principles that all bills should be based on to ensure they are useful and pragmatic.

It is clear to me that weakening the social fabric by cutting front-line services, such as food banks, education and mental health services, does not help people who are vulnerable and marginalized, nor does it help struggling or single-parent families.

It is our duty to put those who can be redeemed back on the right track. Some can be redeemed, but they need reintegration programs and help. The resources have to be available. This government puts various provisions in place through its bills, but it constantly forgets about resources, both human and financial.

In conclusion, I believe that this bill is futile and useless. It does not achieve the objective of making our society safer, even though that is what Canadians expect. The NDP believes that we must help victims of crime get their lives back by ensuring that they can benefit from all of the services they need, including the full range of legal and health services. We want to work with victims' groups to find real, pragmatic solutions.

March 9th, 2015 / 3:40 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

I guess that Bill C-32, the victims bill of rights act, will also have an impact on the way you're dealing with victims at your level.

Victims Bill of Rights ActGovernment Orders

February 23rd, 2015 / 6:50 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-32.

The House resumed from February 20 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 third time and passed.

February 23rd, 2015 / 5:25 p.m.
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Conservative

Robert Goguen Conservative Moncton—Riverview—Dieppe, NB

That's a bit regrettable, because I will refer to it.

Mr. Casey seemed to say that the only salient point of this bill was basically to nullify re-victimization towards reappearing at parole hearings. Ms. Ashley went on to testify to the effect that, and I'm paraphrasing, the prospect of release into a community and of meeting the perpetrator was absolutely horrific; the chance of that meeting maybe even after 25 years was absolutely crippling for the victim. She argued, to paraphrase, that the government has not only a duty to protect one's physical being, but also a duty to protect one's psyche. If the offender is in jail for a longer period of time and there's not the reappearance before the parole hearing periodically, there's not the necessity to prepare, and there's a knowledge that the person is there for a very lengthy period of time, then it seemed to be her conclusion that this reinforced the confidence in the justice system and, in fact, gave confidence to the public, reinforced their psyche with the thought that they're not going to meet such and such a person for a very long period of time. The parole system does away with that, and the common person does not know.

I would argue that certainly this is something that does give some additional strength to this bill. But you're saying in your brief, which was very interesting, that this didn't nullify at all the prospects of re-victimization. Yet for the reinforcing of confidence in the system, and the reinforcing of a healthy psyche, it seemed to be Ms. Ashley's firm conviction that this is something that would work. And as for everything else about being released, it's a Stephen King movie.

Your brief was interesting. You had seven recommendations and you seemed to have drawn very closely from C-32, an act to enact the Canadian victims bill of rights. There's a lot in there that mirrors what is in the victims bill of rights, which we're very proud of as a government, of course. The definition of victim, providing education about the criminal justice system, providing timely information to victims, affording victims the opportunity to get involved, restitution, compensation; it's pretty much the four pillars of Bill C-32. That's victims focused and your brief seems to be victims focused, yet you're opposed to this bill.

It's all a question of balance. I talked about the Allan Legere case. He was basically released from a super-maximum security prison to a maximum security prison. The people of the Miramichi in my province absolutely protested, although he's 63 years of age and moved further away, to Edmonton. That's the psyche aspect. I'm talking about protecting the victim by keeping them longer.

Knowing that there's a balance in the system, you've got to balance the rights of the accused versus the rights of the victims. Knowing that there's a very small number of accused who would even be subject to this, and bearing in mind that this imposition is discretionary, shouldn't the rights of the victims in this case be the ones that we're going to bat for versus the rights of the accused who would be small in number, and for whom the prospect of rehabilitation when they don't have to follow any courses.... Shouldn't we be on the side of the victims in this case?

February 23rd, 2015 / 4 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

I'm just afraid it won't be applied in the sense of what the victims would like to see. Have you checked Bill C-32 to see if there would be an impact on the changes?

Ms. Ashley and Ms. Rosenfeldt, maybe you followed our study of Bill C-32, the Canadian victims bill of rights. Do you see anything there that could remove some of the feelings you have to live with in your specific situations?