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

May 27th, 2014 / 10:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to ask that the member expand on his comments about victims who are children when he talked about an advocacy fund.

I do think it is important that we recognize that, yes, where we can improve upon legislation to protect our victims and provide rights, that is generally and principally a step in right direction.

However, having said that, I think we need to be more aggressive in terms of how we can, in a more tangible fashion, provide the resources that might be necessary; or as I said earlier this evening, are we really doing enough to prevent crimes from taking place in the first place, thereby preventing victims from becoming victims?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:15 p.m.
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Conservative

Bob Dechert Conservative Mississauga—Erindale, ON

Mr. Speaker, the member mentioned child youth advocacy centres in his question, and I am really pleased he did that, in terms of child services for child victims of crime.

One of the most important things our government has done is support the creation of these child youth advocacy centres. There is a very important one in Toronto called the Boost child and youth advocacy centre. I hope our government will be able to support one in my Region of Peel, which is the cities of Mississauga and Brampton. A plan is being worked on to prepare one there very soon, and I hope it will be supported by the Department of Justice in the future.

On April 3, Karyn Kennedy, executive director of the Boost centre in Toronto, said the following about the bill of rights:

Boost supports the work of the Federal Government in creating the Victims Bill of Rights. This legislation will give victims a much stronger voice and a greater presence in the criminal justice system.

She further said:

We have been part of several consultations on the bill over the past year and are pleased to see the progress made.

I think that statement indicates that those who provide victim services to children see this as a big step forward in the services they provide.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:15 p.m.
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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I thank my colleague the member for Mississauga—Erindale for his contribution this evening and for sharing his time with me.

I am pleased to participate in the second reading debate on Bill C-32, the victims bill of rights act. Today I will focus my remarks on the proposed remedies provisions of the Canadian victims bill of rights.

The Canadian victims bill of rights is aimed at ensuring that victims are treated with dignity and respect during the various stages of the criminal justice process and that their voices are, in fact, heard.

Criminal justice professionals play a crucial role in the delivery of an effective criminal justice system. They do their jobs very well, often under very difficult circumstances, including dealing with victims with compassion and respect, but it does happen—and this is what victims told us—that they can feel that their rights have been breached or that they have been treated inappropriately. The Canadian victims bill of rights would ensure that there is a way to right a wrong when it happens.

The Minister of Justice consulted with victims and other stakeholders across the country from April to October 2013. Significant input was received, including in terms of options for a complaint resolution process. The Canadian victims bill of rights proposes a complete resolution process that is based on the principle that the particular agency responsible for the breach should be the first to receive the complaint. Subsection 25(1) of the bill makes this very clear.

Section 25 would also require all federal institutions involved in the criminal justice process to have mechanisms in place to receive complaints, to make recommendations for addressing any violations of rights, and to inform victims of the results of a complaint. This would include, for example, the Royal Canadian Mounted Police, the Public Prosecution Service of Canada, and the Correctional Service of Canada.

Similar mechanisms are also in place in agencies that are under provincial and municipal responsibility, such as the provincial Crown prosecution services and municipal police forces.

This approach has many benefits. It would help foster the sort of remedial responses that victims have indicated would be meaningful to them. During consultations with stakeholders and victims groups, many suggested that in response to a breach of a victim's rights, the agency responsible should issue an apology directly to the victim for the misconduct. They also indicated that the agency responsible should fix the problem so that it does not happen again to another victim.

In other words, victims want remedies to include positive, responsive steps to change the culture or practices within an organization. They want remedies to be forward-looking and to address problems that have been detected. They want to spare other families from having to endure the same kind of mistreatment in the future.

Victims are best served by sharing their concerns directly with the agencies that are tasked with protecting them and by encouraging those agencies to see that every effort must be made to ensure that victims, as an integral part of the criminal justice process, are treated with the courtesy, compassion, and respect they deserve throughout every step of the process.

Apologies and improved practices are key elements that each criminal justice agency must consider directly as part of their responsibilities toward victims and toward Canadians more generally.

This approach would also have the benefit that criminal justice agencies would treat remedies for a breach of victims rights as part and parcel of their overarching obligations. It would also help keep costs manageable, as every such agency would already have in place a process for receiving complaints.

It is entirely possible that victims who made a complaint about the conduct of police, a prosecutor, or a correctional institution might not be satisfied with the response they received. Victims would, therefore, also be able to take their complaint to an authority that has jurisdiction over the agency that breached the right. Whether the agency is under federal or provincial authority, there are supervisory organizations that can take a fresh look at that complaint.

In the case of a breach by a federal agency, if a complaint is not resolved to the satisfaction of the victim, the Federal Ombudsman for Victims of Crime would assist victims with complaints and work informally with relevant federal agencies to address the breach and improve practices for dealing with victims of crime.

In regard to an allegation of infringement by a provincial or municipal agency, the bill respects the split constitutional jurisdiction and proposes that the applicable remedy is the remedy set out in the provincial law, policies, or practices. Provincially, remedial options may include ombudsmen for the province, specialized victims offices, or designated police oversight bodies, for instance.

The victims bill of rights is the result of a balanced approach. Under the bill, victims of crime would not have standing to make complaints about breaches of their rights in court within the context of criminal proceedings against the accused. It is important to ensure that criminal trials are not sidetracked to deal with government agencies that allegedly have infringed the rights of victims. The criminal trial process must stay focused on determining the guilt or innocence of the person accused of a crime. State mistreatment of crime victims must be appropriately dealt with in its own right through separate processes.

I hope that all members of the House will join me in supporting this bill. We have heard tonight from a number of members on all sides of the House who support the bill and intend to vote in its favour. It would give victims a strong voice in the criminal justice system through the creation of rights for victims of crime and a strong remedial scheme to address breaches of those rights.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:25 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to ask a question of my colleague, who seems to be deeply committed to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts. I have a number of questions I would like to ask him about the bill, but I will keep it to one brief and specific question.

Could he give the House an explanation for the delay between the time the promise was made to draft a victims bill of rights and the time the bill was actually introduced? If memory serves, the promise was made in 2006 during the election when the Conservatives managed to take power. Why did they wait so long before introducing Bill C-32, which we are discussing today? What was the reason for that delay?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:25 p.m.
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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, our government has been committed to finding resolutions to crime and to fighting crime since we came to office in 2006. The Canadian victims bill of rights presents no different an approach to finding a resolution to issues that are important to Canadians. Clearly, we have been addressing crime and issues to reduce crime since we arrived in government. Many of those crime bills that we have been so aggressively supporting throughout that timeframe have, regrettably, been opposed by the opposition.

This particular legislation would bring a different focus toward addressing the needs of victims. This bill addresses the issues that need to be completed.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member did not necessarily answer the question that was posed, and it was a legitimate question.

The Conservatives have talked for years about bringing in a victims bill of rights. They have made election platform issues of it. It was referenced as long ago as the 2006 election. I do not know if, in fact, that it was an election platform issue in 2006.

Could my colleague tell us to the best of his knowledge if it was an election platform issue for the Conservative Party in 2006? Could he provide some feedback as to why he believes it has taken this long to get the bill brought forward, if in fact that is the case?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:30 p.m.
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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I cannot answer with regard to 2006 specifically. I did run in the election in 2006. Clearly, creating safer streets and communities for Canadians was integral in that campaign.

As far as the Canadian victims bill of rights goes, let us address some of the issues and what we have accomplished over the course of that time frame. We established the Office of the Federal Ombudsman for Victims of Crime. We created the federal victims strategy, with more than $120 million allocated since 2007 for programs and services to help victims and give them a more effective voice in the criminal justice system. We allocated more than $10 million for new or enhanced child advocacy centres. We introduced legislation to double the victims' surcharge and to make it mandatory. We eliminated the so-called faint hope clause.

Victims have been central and core to everything we have done since we have come into power. I clearly believe this bill brings that focus to fruition.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:30 p.m.
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NDP

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

Mr. Speaker, I will be sharing my time with the excellent member for Portneuf—Jacques-Cartier.

We have before us a bill that is supposed to expand victims' rights. It is a step in the right direction to improve the lot of victims. With all due respect, and contrary to what the member for Don Valley West just mentioned, the NDP believes in victims' rights. We always want victims to have real rights, not meaningless rights.

The problem with this bill is that some aspects are bogus, starting with the fact that it took a year to hold a consultation. Several recommendations were put forward during that year but, unfortunately, just four of them were included in the legislation.

The government wants to establish a new process so that victims can assert their rights, but they will have to go through a process created by the provinces. Once again, the government is going to ask the provinces to spend money on a federal bill. If this legislation is really going to create a victims bill of rights, resources should be allocated, but that is not provided in the bill before us.

The bill is supposed to expand victims' rights and the definition of “victim”. This is a good idea in itself. It deserves a debate in committee after second reading. This bill amends the Corrections and Conditional Release Act to permit victims to see a photograph of the offender at the time of his release. Once again, at first glance, this seems to be a very good idea. It must be examined in committee so that we can hear experts on this issue. I think most experts will fully agree on that provision.

The bill also seeks to amend the Criminal Code to ensure the court informs victims of any agreement reached between the accused and the prosecutor, once a guilty plea is accepted. I am looking forward to hearing experts on this aspect, because it deserves a great deal of attention. Legal experts will have a lot to say on this issue. I believe this bill warrants the attention of the House and of the experts. I hope some witnesses will have a lot to say about this.

The bill 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. This changes a fundamental aspect of our system and it also deserves a lot of attention. Until now, it was always presumed that a person did not have to testify against his or her spouse. I am looking forward to hearing the experts on this provision.

I am going to quote Michael Spratt, who said:

Bill C-32 also amends sections of the Canada Evidence Act dealing with spousal incompetence compellability. Historically the Crown could not compel (force) an accused's spouse to testify. This is no longer the case. Under bill C-32 no person is incompetent or uncompellable to testify for the prosecution because of marriage. The new legislation does not, however, remove spousal privilege - found in section 4(3) of the Canada Evidence Act. A spouse still cannot be forced to testify about spousal communications.

Here is the interesting point, “They can however be forced to testify about all other manner of issues--including issues that may impact on the sanctity of the spousal relationship”. As Mr. Spratt points out, “It is unclear what this has to do with victims rights”.

To continue the quote, it states:

It is interesting to pause to note that: It is also unclear why the government did not amend the wording of section 4(3) of the Canada Evidence Act. This section speaks of 'husband' and 'wife'...

I would like to come back to this. I am a bit disappointed and discouraged that our Canadian laws still make reference to marriage as being between a man and a woman. I thought that was already resolved: a marriage can be between two men, two women or a man and a woman. Once again, we see that Canadians laws unfortunately have not been amended to reflect the new reality that has existed for many years.

I hope that the government will take this opportunity to amend the act to reflect the reality of the times. Society has evolved, and unfortunately, the House seems to have a very hard time evolving at the same time.

Let us get back to the bill. I look forward to hearing what the experts have to say about the fact that spouses will now be able to testify against each other. This could fundamentally change the relationship between married couples. This deserves to be studied.

Another provision in this bill would create a mechanism to enable victims to file a complaint with federal and provincial departments for a denial of any of their rights under the bill of rights. This could be at the provincial or federal level, but most rights fall under the jurisdiction of provincial courts.

If victims file complaints through a new mechanism, this will create a new bureaucracy, largely at the provincial level. Furthermore, there is nothing in the bill about funding for this bureaucracy. We have to assume that the province will once again have to find its own resources to pay for something imposed in a federal law.

It is wrong to think that the provinces have unlimited amounts of money to spend. The federal government is once again offloading a responsibility onto the provinces without providing any funding. That is unfortunate. We see this too often in this House, and we are seeing it in the bill we are debating tonight.

I hope that the government will examine the situation carefully and provide funding for the bill of rights it is proposing today. It does not mean much to create a bill of rights that does not include funding, especially for the less fortunate victims. These victims do not have the means to exercise their rights. An inaccessible right is an illusory right.

In a previous Parliament, this same government eliminated a program that gave victims recourse under the charter. That is very unfortunate, because once again, if a charter bestows rights that are inaccessible for financial reasons, those rights are completely illusory.

We in Canada believe in our charter as well as in the bill of rights being debated today, but the fact remains that no money means no rights. It is a well-known fact. When it comes to asserting their rights, underprivileged people need more support than privileged people.

This bill does not go far enough. I hope that expert witnesses will point that out in committee and suggest improvements to the bill.

One of the last points I would like to mention is that the bill will codify the right to make a restitution order. It will also “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”.

We see that, ultimately, the governor in council will get to decide what is a reasonable time. Although that is not unacceptable, there is some detail lacking. I hope the committee will clarify that issue.

I would also like to add that many people have publicly shared testimonials about this bill. I planned to discuss a press release issued by the Association québécoise Plaidoyer-Victimes, which also raised a number of questions about the bill, but I will save that discussion for another time.

I hope that the committee will take into account the testimonials we have heard so far, as a way to hear from more citizens and experts. This bill deserves our consideration and support at second reading, so that it can benefit from a more thorough study.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:40 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my colleague for raising one of the aspects of this victims bill of rights that is concerning to me and to others, and that is removing the spousal immunity from testimony. As he and others have noted, this could lead to women who are in abusive relationships being afraid to report to police that they have been victimized by an abusive partner for fear they will be forced into testimony with that partner. That is one aspect of the bill.

Another aspect that brings people into close contact with a potential abuser is that the bill does not require that victims use, for instance, at parole hearings, separate entrances and have an ability to be isolated from the accused.

In these two instances, it could actually re-traumatize the victim. In the case of removing spousal immunity, it could result in women choosing not to report crimes when they have been the victim in a marriage relationship.

I would like to hear any comments. I certainly hope we can get this amended in committee.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:40 p.m.
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NDP

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

Mr. Speaker, that is a very appropriate question. It is worrisome that we could be putting people at risk by changing an element that has been constant in the legal system in our country for many years. Those kinds of changes need to be addressed and need to be studied very carefully before they are put into place. I share the member's concerns. We need to address this issue at committee.

I look forward to expert testimony. A lot of women's rights groups are going to have some interesting things to say about that particular aspect.

Again, we need to discuss this bill further. The idea of this bill, in principle, is a good one; however, it seems to lack an awful lot of forethought. We need to develop these ideas further. As the member points out, quite rightly, we might be putting at risk the very victims we are trying to defend.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:40 p.m.
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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague from Gaspésie—Îles-de-la-Madeleine for raising some extremely important points about Bill C-32 in his speech.

I completely agree with him that it was about time that a bill was introduced and debated. For years the Conservative government promised a victims bill of rights.

In his speech, he mentioned the fact that no funding has been allocated for the Canadian victims bill of rights. I did some research on that. On the Prime Minister's website, there is mention of the right to restitution under the Canadian victims bill of rights:

The Government will provide dedicated funding to support the implementation of the Canadian victims bill of rights through existing resources as well as the allocation of new federal resources.

Unfortunately, the resources have not yet materialized.

What does my colleague think of the fact that the Prime Minister promised to make funds available from new and existing resources, but, once again, we have yet to see the money?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:45 p.m.
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NDP

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

Mr. Speaker, I thank my colleague for her question. She has raised an interesting point.

The Conservatives have been promising for several years to bring forward such a bill. They have gotten a lot of mileage out of suggesting that there would be a bill to protect victims. They recently held bogus consultations. Quite frankly, I do not know if the Conservatives would be taken seriously by victims groups.

We are seeing the result in the House. Very few recommendations made during the consultations were included in the bill before us. One of the recommendations made mention of the fact that the mechanisms that will be created to help victims require funding. If no funding is provided, it is obvious that that the rights are window dressing and an illusion.

I hope that the government will think about the fact that it has promised for eight years to introduce a bill here in the House. I hope that they will keep all the promises they made in the past and create a Canadian victims bill of rights worthy of that name.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:45 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I am delighted to join my colleagues in tonight's debate on Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.

I would first like to thank my colleague from Gaspésie—Îles-de-la-Madeleine for his eloquent speech. He has already highlighted many issues that are important to the NDP.

I feel compelled to repeat something he said right off the bat, namely that, in our opinion, support for victims is essential. It is a fundamental issue for the NDP. Some Conservative members have tried to suggest otherwise, simply because our vision of support for victims of crime in Canada is slightly different from their own.

It is important that we put the focus back where it belongs, namely victims' rights, period. That is the priority. We have been hearing about a Canadian victims bill of rights for ages now. In fact, it has been eight years. The Conservatives first mentioned the idea during the 2006 election campaign. We have been waiting since then. Indeed, many press conferences and photo ops have come and gone—methods to which we have become accustomed, as the Conservatives have relied on them in many other files, like the F-35s, to name but one.

We had to wait until today for them to introduce a bill which, at first glance, seems to respond to many of the needs expressed by victims. However, when we dig a bit deeper we can see that there are still some flaws in the bill that was introduced.

We believe that this is an important issue. That is why we will support the bill at second reading and ensure that it gets sent to committee so that we can make the necessary improvements to it.

Numerous experts, families of victims and victims themselves have publicly shared their opinion on the bill. There is a sense of satisfaction about the fact that progress is slowly being made. However, there are still some elements that need to be amended.

The bill, as it stands, would codify federal rights for victims of crime—namely, the right to information, protection, participation and restitution—and it would amend the Criminal Code, the Corrections and Conditional Release Act and the Canada Evidence Act in order to incorporate those rights.

The key changes that are part of the bill before us today would expand the definition of “victim” to include physical or emotional harm, property damage or economic loss. It would also clarify the fact that a victim's spouse may testify 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.

The bill would also amend the Corrections and Conditional Release Act to give victims the right to view a photo of and certain information about the offender at the time of release and to obtain more details about the release date and conditions, and various other things like that.

At first glance, as I said earlier, it sounds pretty good. Unfortunately, with the Conservatives, the devil is often in the details. To be quite honest, I am very interested to see what will happen in committee. The government has not toned down its rhetoric: victims first, and tough on crime. We hear the words but, unfortunately, they are rarely followed by action.

I have been a member of the Standing Committee on National Defence for a few months now. During today's meeting, we looked at sexual abuse within the Canadian Armed Forces. Where was the Minister of National Defence? He was not there. When the article in L'actualité was published, he issued a public statement in which he expressed his anger and surprise even though the government has known for years, at least since 1998, perhaps before, that sexual misconduct occurs within the Canadian Forces. Unfortunately, the victims of these acts are all too often women, who are already under-represented within the armed forces.

The current framework for filing a complaint and getting support is far from adequate. Even so, the government has shown no leadership on this issue. A Canadian victims bill of rights is all well and good, but it is not enough. These men and women, who are ready to risk their lives for Canada and to defend our cherished values around the world and who experience sexual misconduct within the Canadian Armed Forces, are completely abandoned by the government.

It has washed its hands of the whole thing and is trying to blame the Canadian Armed Forces themselves. I think it is completely hypocritical of the government to say it will do anything to protect victims' rights, no matter who they are or where they are, then turn around and just ignore a situation that is resulting in an untold number of victims. Apparently five individuals in the Canadian Armed Forces become victims of sexual misconduct every day. That is a huge number, but the current government is not showing any leadership.

I appreciate the initiative to introduce a Canadian victims bill of rights, but the government needs to go beyond words and rhetoric. We need a really effective charter that will guarantee that people can exercise their due rights once they become victims of crime.

I hope that the government will go beyond photo ops and rhetoric. A little earlier, my colleague from Gaspésie—Îles-de-la-Madeleine mentioned a major problem with the bill, and that is the fact that no financial resources have been allocated in order to implement it. All of the responsibility for guaranteeing these rights is being put on the provinces and territories. Once again, the government is shirking its responsibilities. The Conservatives talk about a great principle that is important to them. That is all well and good, but it will be up to someone else to deal with that responsibility and take care of victims.

I hope that this major problem will be dealt with in committee. Earlier, my colleague from Alfred-Pellan asked the member for Gaspésie—Îles-de-la-Madeleine a question. She clearly indicated that the federal government had already promised funding, first to implement the Canadian victims bill of rights and then to compensate victims of crime. However, there is still no money being allocated. Were these just empty promises made by the government? I hope not.

The Conservatives are always saying that we need to be tough on crime and make life harder for offenders who are in prison. However, they are not prepared to take this initiative all the way. I find that disappointing.

The Canadian victims bill of rights responds to certain requests made by victims and victims groups. However, there is nothing in the bill of rights that allows for the creation of legal obligations for people working within the justice system. The bill contains a potential mechanism for filing complaints with federal departments, agencies and organizations that play a role in the justice system when victims' rights have been violated. However, once again, there is very little information about this mechanism. That is rather troubling. If the government is going to propose such measures, then it has to support them and make sure they have a tangible impact, which does not seem to be the case right now.

Despite the problems we have raised, it is important to the NDP to ensure that victims of crime across the country are guaranteed certain rights and that they have a more effective voice in the justice system, which is not currently the case.

I am under the impression that the Conservative government is trying to score political points at the expense of victims. I hope that the government will prove me wrong with the work that is done in committee.

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:55 p.m.
See context

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I thank my colleague from Portneuf—Jacques-Cartier for her speech, which, as usual, came from the heart. I know that victims rights are extremely important to my colleague, as they are to all my NDP colleagues.

A number of questions remain unanswered when it comes to the Conservative government's intention to provide funding for the Canadian victims bill of rights. The lack of consultation with the provinces and territories is a recurring theme for the government across the way and we are seeing that again here, unfortunately, with Bill C-32.

I did a bit of research and found that the provinces already have some provisions, programs, and charters. For example, the Province of Ontario has had its own Victims Bill of Rights since 1995.

What does my colleague think of the Conservative government's lack of consultation? Is there overlap with the provinces and territories?

Victims Bill of Rights ActGovernment Orders

May 27th, 2014 / 10:55 p.m.
See context

NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague for her excellent question. I had the chance to sit with her a few times in the Standing Committee on Public Safety and National Security. I know that she does extraordinary work in this committee and the issue before us here today is very important to her.

Indeed, this lack of consultation is a recurring theme with this government. The practical effect of the victims bill of rights as currently presented is simply to harmonize federal legislation with what already exists in many provinces and territories.

In fact, the government did not go to the provinces and territories to ask them how everything might be improved or to find out what they really need to protect and guarantee victims' rights. The Conservative government ignored all that. They are in the habit of introducing a bill to us as a done deal and then maybe consulting and listening afterward, but usually not. They did indeed do some consultations in person between April and October 2013, and online from May to September 2013.

However, did they sit down with the justice ministers and public safety ministers from the various provinces and territories? I highly doubt it and that is obvious in the bill before us.