Bill C-32 (Historical)

Victims Bill of Rights Act

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

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.

Report Stage

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am pleased to have an opportunity to rise and speak to this bill. As I indicated, I think this is an important bill and an important step forward.

It is interesting that one of the thoughts provided for me in notes provided by members of our caucus is that Bill C-32 would codify long-used practices related to such things as keeping victims informed of the status of prosecution, ensuring that protection and security are available for the victims, and allowing victims to participate in sentencing and parole hearings. It would turn them into rights. What was particularly important for me was the reference that it would involve codifying long-used practices, and I will tell members why.

In 1989, my wife was hired by the Government of Nova Scotia to help set up a victim services division within the Department of Justice. It was to be built up from scratch, along with the systems to facilitate programs that would exist from one end of the province to the other, as a recognition that victims had an important role to play within the system and that they needed to be provided with the support and, in some cases, the resources and education to make sure that their rights were recognized and upheld.

Those were the early days of the rights of victims being increasingly recognized within the judicial system and process in Canada. In those days, certainly in Nova Scotia, I recall that it was often a question of finding room for victims separate from the accused within the court. It was a question of finding specific spots that victims could call their own, places they could go to be separate from the accused and receive support from justice officials at that time. That was often how basic it was in those beginning stages of trying to ensure that those services were available. We have come some distance, and that is only a good thing.

The bill would further extend a number of rights to victims and their family members. They or a spouse, dependant, or guardian mandated to act on their behalf would be able to demand to be informed about the resources available to them in the criminal justice system. They could also request information on the status of an investigation and prosecution, make a victim impact statement, apply for a publication ban in cases involving young victims, obtain information about the convicted parties, and gain restitution from the convicted.

As I said, this is an important initial step by the federal government to establish this framework, this charter, to clearly indicate the rights of victims and the responsibility of the justice system to recognize those rights.

Why is this bill important? It recognizes the impact that crimes can have on individuals, their families, and their communities, and it would give them better access to information, tools, and services.

The parliamentary secretary spoke to that particular point when he was up earlier. He talked about how important and urgent he thinks it is, and he named some victims. We all, in our constituencies, have dealt with families and victims of crime. We have all seen the damage that can be done through the criminal justice system.

That is one reason why I was so disappointed the government brought forward time allocation on this bill. It has only been in the House for three hours up to this point, and it is being limited. I think we may end up dealing with this for a total of eight hours. There are a lot of members on all sides of the House who want to speak to how important the bill is to victims in their constituencies, to families and others who have been involved in these issues and are pleased to see Parliament moving forward on this. I am pleased to see this moving forward in the House, but disappointed that it has taken eight years for it to get to this stage.

The government clearly has been dragging its feet. Some would say, especially those on the other side, that it has taken so long because the government has been consulting. Surely, when we finally have legislation in this place, all members of the House who have been duly elected by their constituents, whether in they are in a recognized party or not, should have an opportunity to participate and provide the feedback they have received from their communities and the people in their constituencies.

We want victims to have access to the services and supports they need. We recognize that for many victims getting assurance that they can participate in sentencing and parole hearings and being informed of the status of a prosecution are very important steps. However, we want the government to provide real support and processes that will work.

That brings me to another disappointment I have with the bill. I have not heard the government enunciate that the bill it is bringing in feels in many ways a bit like a policy document. It is setting a framework with respect to how things should happen in the criminal justice system, the rights and the roles of victims and their families, when a lot of that would happen at the provincial government level, as it does now. The government is not providing the resources along with those added roles and responsibilities. We have seen this in some of the other legislation that has come forward, where the government has said that this will be, that this will happen, and who shall do the following, yet the provincial governments have ended up picking up much of the responsibility.

We just heard that the government cut its disaster relief to the provinces. There used to be a $1 million eligibility threshold for disaster relief. It is now $3 million. That may not seem like a big deal, but over the past 15 years, my home province of Nova Scotia has made 15 applications under the disaster relief plan that previously existed with the $1 million threshold. The new $3 million threshold would have meant that 14 of those applications would not have been eligible and that upwards of $20 million would need to borne by the province and the communities, many of which are small communities.

I am just illustrating my point about how the government tends to download roles and responsibilities to the provincial government without taking into account the attendant costs.

There will be, and there should be, an expectation that victims will receive the support that is clearly spelled out in the bill. They will demand them and the provinces will have to step up. That is not a bad thing, but in many cases there will be some financial responsibilities.

I am glad this bill has come forward. I support it. It is a good move. I wish the government would have allowed more fulsome debate on it so we could all tell stories from our individual constituencies, but it is a step in the right direction. We will have to ensure that in future Parliaments we are able to correct the existing weaknesses.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I heard my colleague make reference to passing a bill that is not watered down. I noticed something when I read the bill. Bill C-32 states that victims may have access to a complaints mechanism, but it does not set out a specific amount for that and no compensation amount is mentioned.

In fact, I wonder how the complaints process will be effective and could satisfy the requests made by the victims.

[James Bezan, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I am honoured to speak at report stage today in support of Bill C-32, the victims bill of rights act. This bill would change how victims are to be treated by the criminal justice and correction systems in Canada. It acknowledges their suffering and recognizes that they too have rights that must be respected.

The Standing Committee on Justice and Human Rights heard testimony from numerous witnesses who described the importance of this legislation. Many shared their own difficult stories of victimization and expressed their appreciation for the changes that the Canadian victims bill of rights would bring to other victims who will follow.

The committee also heard from those who provide victims with much needed services. They too offered their support for the bill, explaining that the rights contained in the Canadian victims bill of rights and the accompanying amendments to the Criminal Code and the Corrections and Conditional Release Act would improve the experiences of victims.

The victims bill of rights presents a completely new approach for victims of crime in Canada. There have been many questions about how the bill would actually work and how it would be implemented. This is understandable given its transformative nature.

I would like to take the opportunity today to address three issues that were the subject of discussions at the standing committee: the definition of victim, the steps that we will take to ensure awareness of the rights created in Bill C-32, and the enforceability of those rights.

Regarding the definition of a victim in Bill C-32, the committee heard from witnesses who felt that the definition was overly broad, as well as those who felt that it was not sufficiently inclusive. Concern has been expressed about how a definition of victim in federal legislation would co-exist with the definitions of victim found in provincial and territorial victim legislation. We also heard questions about why the bill contains more than one definition of victim and what each purports to do.

As members will know, Bill C-32 includes the new Canadian victims bill of rights and proposes amendments to four federal statutes. The Canadian victims bill of rights portion of Bill C-32 includes a broad definition of victim. This definition recognizes the various kinds of harm that an individual may suffer as a result of an offence, even if the offence were not committed against him or her personally. The definition acknowledges that individuals other than the direct victim can be victims of an offence. All the rights included in the Canadian victims bill of rights can be exercised by a direct victim, as well as others who have suffered harm, such as family members.

The bill would also amend the definition of victim in the Criminal Code and the Corrections and Conditional Release Act to ensure that those definitions align with the definition of victim in the Canadian victims bill of rights.

The first part of the proposed definition in the Criminal Code recognizes the same forms of harm that a victim of an offence may suffer as the Canadian victims bill of rights does. Under this part of the definition, only a person who has had an offence committed against him or her is a victim for the purposes of most Criminal Code provisions.

The second part of the Criminal Code definition includes individuals other than the direct victim for the purposes of certain Criminal Code provisions, including the victim impact statement provisions. This is consistent with established case law that recognizes secondary victims for the purpose of these provisions.

The Canadian victims bill of rights would not apply to Canadians who are victims of offences committed outside of Canada, over which Canada is not exerting extraterritorial jurisdiction. This is because the rights under the Canadian victims bill of rights all relate to the various stages of the Canadian criminal justice process, from the investigation and prosecution of an offence through to the conditional release process. For example, a victim's right to present a victim impact statement, to have a court consider making a restitution order against an offender, or to request information about an offender can only apply to offences processed through the Canadian criminal and corrections system. It is not possible for Canada to extend those rights to people or to criminal justice processes within another country's jurisdiction.

We have also heard concerns about differences between the definition of victim proposed in the Canadian victims bill of rights and those found in provincial and territorial legislation. Each province and territory has enacted its own victims of crime legislation with its own definition of victim. Some provinces and territories have multiple definitions for various purposes, such as eligibility for specific services or financial benefits programs. I note that this problem of various definitions of victim did not arise with Bill C-32 but is a result of the evolution of victims services in each jurisdiction.

It is simply not possible to have one definition of victim at the federal level that would incorporate absolutely all the different definitions of victim that exist at the provincial and territorial levels. Rather, the bill seeks to create a definition that is inclusive and that recognizes all the different forms of harm that victims may suffer as a result of an offence. These include physical or emotional harm, property damage, and economic loss. Most provincial and territorial definitions include similar elements in their definitions.

I will now turn to the issue of ensuring that victims are able to exercise their rights under the act.

The justice committee heard from witnesses who questioned how victims would be made aware of their new rights under the act. This is a very fair question. All the rights in the world will not benefit victims if they do not know about them.

A Government of Canada website will be developed making information on the Canadian victims bill of rights available to all Canadians. During last year's consultations, numerous stakeholders stressed the importance of a one-stop shop for victims to access information. The Government of Canada website will meet that need.

The committee also heard from several aboriginal groups that are concerned that aboriginal victims would not be able to exercise their rights in the same way as other victims. They noted the disproportionate impact of factors such as poverty, marginalization, and lack of safe housing for aboriginal victims and explained that they would therefore need extra support in order to fully exercise their rights in a Canadian victims bill of rights.

The government recognizes that every victim is different and has different needs. That is why budget 2014 committed to providing funding to the provinces and territories to assist with the implementation of the bill. The government recognizes that the provinces and territories will play a crucial role in the effective implementation of the bill and has been working with them through various fora—such as the meetings of the federal, provincial, and territorial ministers responsible for justice and public safety—to address the implementation issues

We need to continue to work with our provincial and territorial partners to ensure that the Canadian victims bill of rights brings about the changes in the criminal justice and corrections systems that we have promised victims.

I will turn now to the issue of enforceability.

Some have criticized Bill C-32 as nothing more than a statement of principle because they believe the enshrined rights to be unenforceable. This is simply not true.

The victims bill of rights includes a remedial scheme to address an infringement or denial of a victim's rights under the act. This is what distinguishes Bill C-32 from many provincial or territorial victims acts that have been found to be just statements of principle. Under Bill C-32, every federal department, agency, or body involved in the criminal justice system would be required to have a complaints mechanism in place that would review complaints and make recommendations to remedy any infringement or denial of a victim's rights under the act, and they would be required to inform victims of those recommendations. If victims were not satisfied with the recommendations made by the department, agency, or body, they could then raise the issue with an oversight agency where one exists, such as the RCMP public complaints commission. If no oversight body exists for a particular department, agency, or body, a victim could seek the assistance of the Office of the Federal Ombudsman for Victims of Crime, whose mandate includes reviewing concerns regarding noncompliance with legislation or established policies.

Complaints regarding a provincial or territorial agency, including police, the crown, or victim services, would be addressed in accordance with the applicable provincial or territorial legislation. In order to improve the remedies available to victims, the government will provide a limited amount of funding through the victims fund for provinces and territories to enhance or establish complaint bodies for victims of crime.

I hope members of all parties will join me in supporting the victims bill of rights to ensure that victims of crime in Canada receive the recognition and protection that they deserve.

The House resumed from December 11, 2014, consideration of Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts as reported (with amendment) from the committee, and of the motions in Group No. 1.

Bill C-32—Time Allocation Motion

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is important that we recognize that since the Prime Minister achieved his majority government, he has demonstrated a lack of respect for procedure in the House of Commons. He has, through the government House leader, brought in well over 80 times time allocation on a wide variety of different pieces of legislation, everything from budgets to pensions to the Canadian Wheat Board, and today it is Bill C-32.

Since achieving his majority government, the Prime Minister has brought in closure, and that is what time allocation is, more than any other government in the history of our relatively young nation. He has demonstrated clearly that he does not respect the proceedings of this chamber.

The current minister was a leadership candidate at one point and a leader of a political party. Surely to goodness he would recognize that there is value in allowing for proper procedure and thorough debate, and having a government House leader work in co-operation with other House leaders to make this chamber work more efficiently at getting the job done in a respectful way, so that democracy ultimately prevails inside the House of Commons.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, it is very troubling that the government has imposed a time allocation motion for the 86th time, if my information is correct. It is particularly troubling that the government chose to move such a motion for Bill C-32 on the victims bill of rights.

The government spent a lot of time coming up with this bill, following a number of online and group consultations. It took a long time before the government introduced this bill of rights. However, the debates in the House at second reading were concluded rather quickly.

The committee thoroughly examined this bill. No underhanded tactics or anything of the sort were used to delay the process. As usual, the Standing Committee on Justice and Human Rights did its job as best it could with the resources provided within the allotted timeframe. The bill returned to the House, and I find that every time I hear one of my colleagues speak about this bill of rights in the House, it still gives me something more to think about.

The witnesses who appeared before the committee, both victims and victim support groups, told us that this bill requires a lot of improvement. I think that it would be a good idea for the government to hear what members have to say. Again this morning, the member for York South—Weston made me think about some specific aspects of the bill of rights. It would have been really interesting to hear her give a speech about them in the House.

Things were going well and no tactics were used to delay this bill. Why then has it suddenly become so urgent that a time allocation motion be imposed at this stage?

Is the Minister of Justice and Attorney General of Canada not fed up with seeing his government routinely impose this sort of motion on the democratic consideration of bills?

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

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 of the report stage and one sitting day shall be allotted to the consideration of the third reading stage of the said Bill and, fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the report stage and on the day allotted to the consideration of the 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.

Mr. Speaker, this motion will provide for a ninth and tenth day of debate on this very important bill for victims.

Bill C-32--Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I must advise that an agreement has not be reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at report stage and third reading of of Bill C-32, an act to enact the Canadian victims bill of rights and to amend certain Acts

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

This important bill, the victims bill of rights act, has already been debated eight different days in the House. This motion will ensure a ninth and a tenth day.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, let me first say happy new year to my counterpart and all hon. members.

We are back in Ottawa for another hard-working, orderly, and productive sitting of the House of Commons, a sitting in which our respective parties' policies and plans will be debated. Only one party, though, has a plan that will benefit all Canadians, and that is the Conservative plan to create jobs, keep taxes low, and keep our communities safe from crime and the threat of terrorism.

This afternoon we will conclude debate on the Liberal opposition day motion.

Tomorrow we will wrap up debate on Bill C-44, the protection of Canada from terrorists act, at third reading. This bill is the first step in our legislative measures to ensure that our law enforcement and security agencies have the tools they need to meet evolving threats.

The other part of our program to counter that terrorist threat is a bill that will be introduced tomorrow. It will be called for second reading debate during the week after our upcoming constituency week. That should allow all hon. members an opportunity to study these thoughtful, appropriate, and necessary measures and to hear the views of their constituents before we start that important debate.

Before we get to that constituency week, though, there is one more sitting week. On Monday, we will debate the NDP's pick of topic, on the third allotted day. Before question period on Tuesday, we will start debating Bill C-50, the Citizen Voting Act. After question period, we will return to the third reading debate on Bill C-21, the Red Tape Reduction Act, which will help ensure job creators can focus on what they do best, not on government paperwork.

Wednesday and Friday of next week will be dedicated to Bill C-32, the victims bill of rights act. This bill would put victims where they belong: at the centre of our justice system.

Finally, next Thursday will be the fourth allotted day, when we will again debate a proposal from the New Democrats.

Victims Bill of Rights

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Thank you very much, Mr. Speaker. Three and a half minutes, for some of us who are a bit more verbose, is just getting warmed up. Just saying hello where I come from in the northwest takes well more than three and a half minutes. However, in this particular case I can at least put a couple of important points on the table.

First, I would like to say from listening to the debate this afternoon that it has mostly been New Democrats who have been carrying the debate on Bill C-32, an act to enact the Canadian Victims Bill of Rights and to amend certain acts.

I am so impressed by my colleagues on this side. They have vast experience, both from the legal profession, as in the case of my friend from Toronto—Danforth, and many from their personal experiences as New Democrat MPs, having taken the time to sit with the families of those who have been hurt to understand that victims' rights is about the stories of people who have been impacted by an injustice, and that when we are describing the policies of the day they are not in cold black and white as prescribed in legal notes put forward in bills such as this one.

To summarize, New Democrats will be supporting the bill because it is a small step forward. As was mentioned earlier, it is a failed opportunity because it over-promises and under-delivers, as is so often the case when we look at Conservative legislation. If only the title of the bill matched the reality of what is contained within the bill, then we would be a great deal more satisfied, simply because a bill of rights is such an important phraseology for a place like a parliament, implying that the piece of legislation would contain within it rights that people can then hold up and defend their interests in a court of law and when dealing with the judicial system at large.

The challenge we see here is on two fronts. It is a challenge legislatively speaking, in that this bill is desperately lacking in ability to affect laws and compel certain judicial processes to deal with victims; and it is also a challenge on the money side, in terms of the ability to spend sufficient funds to allow victims to have services they will require to get through the system. As we know, we have an excellent justice system, an excellent judiciary, but sometimes it is not completely accessible due to people's insufficient means. Lower-income families will need support, and we do not find it acceptable for the Conservatives to simply pass the buck down to the provinces and then try to take credit.

The last thing I will say is that I have sat at the kitchen tables of families who have suffered enormous loss, the loss of a son or a daughter, from a crime. To try to find some level of understanding and compassion for what they have gone through is difficult, and I am not sure I will ever be able to do that.

What I can appreciate and honour is that those families remain so dedicated to the memory of their loved one, be it a family member, a son, a daughter, a husband, or a wife, and continue to try to make the system better, even in the midst of their grief.

It would be understandable if they chose not to re-engage with the system whatsoever, but they choose, instead, to come to us, as members of Parliament. The least we can do is to honour the memory of those they have lost by bringing in legislation that would actually make the world a better place for victims.

While we are supporting the bill, we do believe the government completely shortchanged those interests of honouring and respecting those values and views.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I am glad to have the chance to contribute to this debate on Bill C-32, the Canadian victims bill of rights.

I will be focusing mostly on opportunities lost with this bill. We do know that the government promised a victims bill of rights almost a decade ago, at least from 2006 until now. In the end, we end up with a bill that is quite formalistic in that it focuses extensively on the justice system, the criminal legal proceedings side of things.

It is not as if the provisions are worthless; the access of victims to a greater role in some aspects of the criminal justice process is indeed welcome. However, beyond that, looking at what crime really involves and what it does to victims seems to have been lost in the shuffle, and victims include family members, neighbours, and the people who are close to people who suffer because of a serious crime.

It seems as if the government has chosen to go a very legalistic route and not tackle victims' rights as effective rights, as non-illusory rights, as rights that are held by real people who suffer in the real world.

It is not as if there were not several victims who came in as witnesses, as well as associations representing them, to speak to these issues during the committee process and also during some of the consultations the government engaged in for a very short period. However, they seem to have been ignored, by and large.

I have a personal experience with ignoring such information. In tandem with Rev. Sky Starr of the Out of Bounds organization in Toronto, Joan Howard, an activist from my riding who lost her son to gun violence a decade ago, and Prof. Bailey from Ryerson, we organized a seminar here on the Hill intended to inform interested MPs and staff members on the question of grief and trauma when it comes to the victims of crime, especially violent crime and maybe most especially gun violence.

It was an extremely good seminar, and I was delighted to know that a representative from the parliamentary secretary to the justice minister did come and seemed to be highly engaged, and did understand what he was hearing about the need for support for grassroots, on-the-ground organizations that are actually delivering the services to many victims' family members, in cities like Toronto and in my riding of Toronto—Danforth.

However, nothing that came out of the insights from that seminar held here on the Hill appear to have penetrated this bill. That seems to be the experience that is a generalized one for those looking for a more holisitic, wide-ranging understanding of what it is to assist victims of serious crime.

I have just one other example. There is a mechanism, but nobody knows quite how it is going to work, in the bill of rights. It is a rather general mechanism to file complaints with various federal departments and agencies if victims feel they are not getting the service they are owed, given the rights that are found in various pieces of legislation.

The victims bill of rights recognizes that it should be possible to bring the same kind of complaints in provincial jurisdiction, but no specific funds have been attributed to making such a complaint mechanism or series of mechanisms effective. We can tell right from the beginning that, without allocating such funds through budgeting, it is almost a gesture without meaning. These things do not work on their own.

It also reflects something the government tends to want to do a lot, which is to download costs onto the provinces wherever possible. When I was on the justice committee working on a bill dealing with surcharges that perpetrators would have to pay to victims as part of their sentence, I learned that the government members on the committee had two primary philosophies with respect to how victim support services would be paid for. One was through the perpetrators themselves, most of whom do not have deep pockets, to put it mildly. The other was through the provinces.

The idea that there is an extended responsibility of the federal government, through its criminal law jurisdiction, to fund through the spending power support programs across the country and the provinces, or at minimum work co-operatively with the provinces to get away from the patchwork quilt of services that now exist for supporting victims, for example for ongoing trauma, grief and other kinds of consequences of crime, seems to be well outside, almost alien to, the philosophy of the government.

All this is to say that we are disappointed. I at least am very disappointed that nothing resembling a contribution through the victims bill of rights, with a parallel commitment through the budgetary process to real support and real processes that are effectively funded, is found in this bill.

I would like to quote from l'Association québécoise Plaidoyer-Victimes, which has a very interesting insight on exactly this point. It says, “Strengthening victims' rights in criminal proceedings is of course necessary”. We are not second-guessing that either. It goes on to say, “But, it is important not to obscure their social rights, so the rights that allow them to access assistance, compensation and programs, to help them deal with the various repercussions of the crime. Governments have a responsibility to recognize victims' rights, but also to help them exercise those rights. They must concern themselves with the fate of all victims, and not just those who are already implicated in the justice system”.

Obviously, there is always a preventative component to this kind of philosophy, but there is also the question of responsibility for those who are sideswiped by crime: family members, neighbours, somebody who may just happen to be witnessing.

If there is any group of people who should understand how quickly and viscerally violence can impact on our lives, it would be MPs who were exposed to what happened on October 22. In the real world, we were not actually all that much at threat, it turns out. However, the fact of not knowing, the stress of not knowing and the trauma that was produced among some here in this building on that day and among family members not knowing what would happen should be something that we can all use productively to extrapolate to what it is to actually be a family member, friend, loved one, neighbour or witness to a violent crime in the other real world outside of the House.

I would like to end by paying tribute to, and remembering, people who, on this issue of how to think about victims and real support for victims, have been my mentors.

I think of Joan Howard who lost her son, Kempton Howard, 10 years ago. To this day she is still struggling with that loss, but she also learned that one of the pathways she could go down was to help other people with the grief that they suffered when they also lost a loved one, particularly a child, to gun violence. I salute Joan Howard for helping me learn more about the particular harm that gun violence can do.

Reverend Sky Starr has been recognized as a pioneer for social activism by CBC, one of the top 50 in a list that CBC produced, as a pioneer in grief counselling. She runs an organization called “Out of Bounds”. I was there just the other night for an annual event recognizing and offering support to mothers in particular who have lost children in the city of Toronto to gun violence. With her leadership, the very notion that grief counselling has to be put front and centre in the kinds of psychological counselling services needed for victims has been advanced.

I also think of Rod Cohen who runs Blake-Boultbee Youth Outreach Services, a counselling service in Toronto—Danforth. The work he has done with at-risk family and youth in situations that often involve trauma, at minimum high degrees of stress, because of proximity to crime as one factor is notable.

I end by noting that we lost recently in Toronto—Danforth, Nahom Berhane, an outstanding young member in Toronto of the Eritrean Canadian community. While seeking to assist somebody else, he was shot down on the Danforth, one more reflection of how guns, short guns let us say, in the city of Toronto remain a plague.

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, after innumerable photo ops and press conferences, the Conservatives are finally presenting us with their draft Canadian victims bill of rights. They have been talking about it for eight years now, and in all honesty, I find it somewhat disappointing that we have ended up with an incomplete bill that has no mechanism for enforcement and no operating budget.

That said, I am prepared to support the main motion at report stage, because I want to help victims of crime. I would like us to do more, particularly after eight years of delay by the Conservatives, but every step towards improving matters for victims of crime is worth taking.

Throughout the committee deliberations on Bill C-32, my NDP colleagues were guided by a simple principle: making sure that the Canadian victims bill of rights was a good fit with the Canadian justice system and met victims’ expectations. I fully subscribe to this principle, because if the bill of rights does not fit anywhere and does not respond to what victims told us, it becomes purely symbolic and ultimately disconnected altogether from reality.

The bill is a valid response to some recommendations by victims, and that is worth pointing out. For example, the bill of rights expands the definition of “victim of crime” and codifies victims’ rights to information, protection, participation and restitution. On the other hand, a problem arises when we see that the bill of rights places no legal obligation on the other participants in the justice system. Why raise the expectations of victims, only to disappoint them if the provisions of the bill of rights do not apply?

The most practical recourse provided for victims of crime relates to a complaint mechanism within federal departments and agencies that play role in the justice system when victims’ rights have been violated. This is disappointing, to say the least. Victims have been waiting eight years for a real resolution resulting from a desire to provide greater social justice. Instead, they get a department store-style complaint office. What is more, the complaint counter at Canadian Tire is better funded than the one provided for in the bill of rights.

No funding is currently allocated for the complaint mechanism. Once again, this is disappointing, to say the least. It is not surprising that we hear such negative reactions from those who supported this initiative. One of them is Frank Addario, a lawyer who specializes in criminal law. He asserts that:

It's cynicism masquerading as policy...We did not need a new law for government to tell itself that it should communicate with victims about criminal cases.

Mr. Addario is not wrong, if we consider the narrow scope of the other measures in the bill of rights.

Some go further and claim that the Conservatives have deceived victims of crime in order to score political points. Clayton Ruby, a criminal law expert, said:

The [bill] is an example of a community that has sold itself to the Conservatives for a mess of porridge...They need rehabilitative programs and services, and compensation from the government, and they've dropped all those expensive demands in favour of shallow symbolism.

Steve Sullivan, the first ombudsman for victims of crime, agrees. He says that the government should have given victims of crime the right to appear in court and sue the government if their rights are not respected. Mr. Sullivan said that for now, all this really does is bring things in line with provincial laws. He sees nothing in this bill that would speed up the process, and that is in part because the legal process is far more concerned with the accused than the victim.

As an aside, some people in my family were victims of a home invasion at gunpoint. They had young children and they had to fend for themselves to get services.

I cannot make it any clearer. Victims are marginalized by our system. Unfortunately, this bill will not make much of a difference. That is too bad.

According to the Department of Justice, the annual cost of crime in Canada is estimated to be more than $99 billion . That is a lot of money. It is sad to learn that 83% of that amount is borne by victims of crime.

As I mentioned earlier, members of my family have had to look after themselves and we supported them in their misfortune. The reality is that it is expensive. Without money, nothing will be resolved.

The Conservatives have often invested in prisons, which is the same as investing in crime, because they have reduced prevention and victim services. That is a funny way to do things. Moreover, they have expanded the women's prison in the riding of Joliette.

They have cut key programs for some victims, such as the Indian residential schools resolution health support program. In committee, the Conservatives knowingly disregarded the recommendations of many victims and victims advocacy groups. Furthermore, as is their custom, the Conservatives rejected the NDP amendments that would better reflect the recommendations of victims and experts.

I just want to point out that the NDP was the only party that put forward substantive amendments. The only real thing we managed to get passed was an amendment requiring the government to review the effects of the bill of rights after two years. The Conservatives agreed to that review, but only after five years.

In closing, I would like to reiterate that NDP MPs have always stood up for victims' rights and we will continue to fight every day to ensure that victims' services receive better funding across the country. I will therefore support the main motion at report stage, but I think we need to do much more for victims.

I have fought for 40 years for women's rights in Joliette, and aboriginals are on my list of priorities. I would like to conclude with the words of Teresa Edwards of the Native Women's Association of Canada:

We have a long way to go, and I really hope this legislation is not just another piece of paper that the government can point to and say it's doing something about victimization. We really need to translate that into action.

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, I am pleased to have an opportunity to speak once again to the government's bill to create a Canadian victims bill of rights. This is very important matter to victims and to all Canadians.

The last time I spoke I talked about the NDP's concerns about the limitations of this bill of rights. I agree that it is important to do something about the justice system. We recognize that for many victims, having assurances that they can participate in sentencing and parole hearings and being informed of the status of the prosecution are very important steps. Still, when we speak of victims' rights, we must also ask what victims need in the context of the healing process.

In our opinion, we must truly place victims at the centre of the justice system. They must feel protected, not only physically, but also with respect to their right to be informed, to be heard and to be supported before, during and after legal proceedings.

The government's fine press conferences on this bill will not provide such security to victims. Concrete measures are required, as is co-operation with the provinces. Adequate funding must be provided for the programs and the organizations that work with victims every day. We must consider the victims' families. As I said this fall in my speech regarding the government's bill on sex offenders, families are often seriously shaken up when those close to them are involved in tragic incidents.

At that time, I had had a chance to speak to Mr. Michaud, the director of the Centre d'intervention en abus sexuels pour la famille, an organization that is doing outstanding work in my riding. He told me that family members often feel helpless and are sometimes unable to help the victim at the same time as they are dealing with this trauma themselves.

We know that the presence of a supportive network is essential in order for victims of crime to be able to move on with their lives. Thus, it is important for us to consider the resources and support we can provide to such a network.

I would also point out that women are particularly affected by crime. According to police statistics compiled by Statistics Canada, nearly 174,000 women were victims of crime in 2011 alone.

According to that study, women are three times more likely to be criminally harassed than men. In Canada, in a system where women are increasingly involved in everything and are building their careers, it is very sad to see that women face so much crime and harassment.

Aboriginal women are also affected by crime: 75% of aboriginal girls under the age of 18 have been victims of sexual assault, according to data reported by Radio-Canada. That is unacceptable. However, only one sexual assault in 10 is reported to the police.

That shows women's lack of confidence in our justice system's ability to protect them. Then there are the women who have been murdered or who have disappeared without anyone finding the perpetrators. It is all very sad. Sometimes there is no investigation and the police have trouble tackling this problem.

I will quote some of the comments Teresa Edwards from the Native Women's Association of Canada made on Bill C-32 at the Standing Committee on Justice and Human Rights:

We have a long way to go, and I really hope this legislation is not just another piece of paper that the government can point to and say it's doing something about victimization. We really need to translate that into action. We're always talking about taking action. I do want to see action. I want to see results, and I want to see measured, concrete steps of how it's actually going to impact the lives of aboriginal women victims, so that we don't have to keep coming here.

It is not a problem that is faced only by aboriginal women. According to author Josée Néron, 50% of Canadian women have experienced violence at least once in their life and only 14% of them filed a complaint. That is the problem: women do not feel confident enough to lodge a complaint. They are afraid of the result; they are afraid that their complaints will not be taken seriously, and this is a major problem in our society.

I wonder how this bill will help Canadian women regain their confidence in the Canadian justice system.

We in the NDP will be supporting this bill because we believe it is a starting point. However, it does not live up to the expectations created by the Conservatives since 2006. Since 2006, this government has been promising us a bill that will really be a step forward, as well as being proactive with regard to violence against women. This is not really reflected in this bill. In fact, we are going to support it, but as I was saying, it does not live up to the expectations of victims or reflect what has been said over the years.

Adopting principles in a charter is an important step, but it must be accompanied by concrete measures if it is to have a real impact. The NDP put forward a number of amendments in this regard, but as usual, the Conservatives rejected them and put their own partisan interests ahead of the interests of Canadians and victims, as I said before.

Even worse, the recommendations made by a number of victims' associations, experts and professionals who testified in committee were simply ignored. The government must not forget that our primary concern is to respond to the real needs of victims. It is clear that this objective has been jeopardized by the fact that the bill creates no legal obligation for stakeholders in the justice system to implement these rights.

It is just as worrisome to note that this bill omits the financial resources that will be necessary for its implementation. However, as the first ombudsman for victims of crime Steve Sullivan said, resources are the key element; I mentioned this at the beginning of my speech. Resources, training and prevention are necessary and indispensable to the success of such a bill. This must not be forgotten. We must ensure that all levels are involved in the implementation of the bill, as well as in providing the necessary resources and budgets for its implementation. If we do not devote the necessary resources to implementing the principles of the bill of rights, we run the risk that it will be nothing but an empty shell, a decorative element in the Conservative Party’s advertising in the next election.

As I was saying, the NDP will be supporting the main motion, because we think that, after years of talking about it, it is time to move forward. However, the government must keep in mind that this is a starting point, not an end point. This is very important.

I would like to mention that this is the first anniversary of the death of someone who was killed last year in my riding, and we do still not know who committed the offence. This is important. I am just giving one example, but there are others. Thousands of people do not report what happened or have simply been victims; we never find out who is guilty and justice cannot be done.

As parliamentarians, it is our responsibility to ask ourselves how we can more fully meet our responsibilities towards victims of crime and their families.

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

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

This charter contains some fine words and has good intentions. We have nothing against good intentions, but we also want to see some concrete measures.

Many witnesses appeared before the Standing Committee on Justice and Human Rights and said that the charter does not go far enough. No one said it better than the first nations representatives who appeared before the committee, which carefully examined Bill C-32.

We all know very well that victims need to feel reassured. If they reach out to the authorities to assert their rights, they have to feel comfortable and they have to know that we are going to support them and stand up for them, so they can feel safe doing so. Unfortunately, this bill does not seem to reflect what victims go through day to day. We want victims to know that if they call upon the police, they will get help. However, that is not what this bill does. It contains only ambiguous wording that appears to talk about rights, but frankly, what we are passing here is more like the hope that rights will follow.

The bill should have gone much further. I think we have failed as parliamentarians. This bill does not go far enough. It needs to be improved more, but I repeat, this is a start, and we have to start somewhere. It took the government eight years to introduce something of any interest. I congratulate it, but in eight years, I would have done a better job. I do not expect much from this government, so I have to be happy with what I get.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I am pleased to be able to speak at report stage of Bill C-32. I also had the pleasure and privilege of attending a hearing of the Standing Committee on Justice and Human Rights on this subject. However, that does not make me an expert on it.

As I said at second reading, during the debate in the House, we are going to support Bill C-32. However, we are afraid that the bill may create expectations that will not be met. To some extent, that is what we saw this morning, when we considered Bill S-5. The government can have the best will in the world and try to come up with a bill that lays the foundation for certain principles: a victims bill of rights, in this case. However, if the resources are not forthcoming and fail to accompany the goodwill and the principles, we are a long way from being able to achieve the goals sought by the victims. They do have the right to be supported by the system in the ordeal they are going through. It is a system over which we have at least some control in the House.

One might think that there is logic of a sort for a law and order government to introduce a bill like this one and give it some resources so that it has teeth. Unfortunately, that is not what is happening, but we have seen this in a number of other areas.

The Federal Ombudsman for Victims of Crime made a number of recommendations, most of which were ignored. With respect to the recommendations, in fact, the Conservatives took the ones that were the least disruptive or the most neutral in terms of process in order to salve their consciences, in my view. However, other recommendations that were much more substantive were set aside.

Why have an ombudsman for victims of crime if the government is not up to accepting her recommendations and the ideas she presents, which are the result of her experience and the work she does from day to day?

When the bill was tabled in 2014, after many years and numerous press conferences announcing that it was on the way, the ombudsman was extremely critical of the bill and its content. She went so far as to say that she would recommend amendments as Bill C-32 went through the various stages of the process. That is what she did. She submitted some 30 recommendations for changes, but only 14 were accepted. Some were even amended in part. In the final analysis, the recommendations were watered down by the committee which, as we know, has a Conservative majority.

I do not intend to discuss this bill of rights only in a negative way. As I said, I will be voting in favour of the bill, just like my colleagues. The idea of a victims bill of rights is a welcome one, according to what we heard from the groups representing victims of crime. However, speaking of a bill of rights for victims, some of the witnesses came to talk about problems with the content, either because it represents more a kind of harmonization of the federal approach with the provincial approaches, or because ultimately—as the Canadian Bar Association said during the committee hearing—the wording of some sections of the bill could have harmful effects that are not being properly taken into consideration by the government at this time.

In spite of everything and in spite of all the amendments that were submitted to the committee, no changes were made, which is extremely harmful because there were some constructive amendments. The only amendment the Conservative majority on the committee accepted involved a review of the scope and effectiveness of the bill of rights after two years.

As a result, two years after the bill of rights goes into effect, we will check whether it has achieved the goals that the government has boasted about and that the victims are entitled to expect. To get the amendment passed, however, there had to be a sub-amendment by the Conservatives to change the review period to five years. In other words, we will not see whether the bill of rights is actually effective until at least five years later.

I do not want to say that this is smoke and mirrors, because the idea is commendable. Nonetheless, it might not meet the expectations set by the Conservative government's hyperbole at all its press conferences, where it boasts about the upcoming victims bill of rights.

The victims themselves or the victims groups mentioned it a number of times, including before the committee. The testimony of Arlène Gaudreault from the Association québécoise Plaidoyer-Victimes is quite representative of what the committee heard. I quote:

Presenting this bill [of rights] as a quasi-constitutional tool meant to strengthen victims' rights indicates to victims that their rights will be taken into account and enforced. However, that is a misleading message. It fails to make the necessary distinctions and creates false expectations. Therefore, it is bound to lead to dissatisfaction among victims.

That is a key point because, even though the victims groups realize that this bill is flawed, they get the sense that they will have an active voice in the process as a whole, especially when it comes to criminal trials against an accused and the parole process.

In fact, they will have a stronger voice than they have as things currently stand, which is a partial explanation for our support for the bill. However, the place the government wants to give victims is not as tangible as the government would have us believe. This view was shared by many of the witnesses in committee.

I would like to come back to the fundamental question from the Canadian Bar Association. The government has introduced a number of law and order bills. I would include here the omnibus budget bills, as they contain a number of amendments to the Criminal Code and legal provisions.

The Canadian Bar Association had an opportunity to appear on a number of occasions before these committees in connection with these amendments to the Civil Code and the Criminal Code. Generally speaking, its criticisms were quite scathing and went to the heart of the bill. Because this association represents the views of the majority of lawyers from coast to coast in Canada, we should pay attention to what it says.

In this case, the bar association’s opinion was that the wording of some of the clauses could be challenged under the Constitution or have undesirable effects that might possibly work against the victims. I would have expected this government, which must act responsibly, to have given consideration to these comments from the Canadian Bar Association.

The Standing Committee on Finance heard evidence from the Canadian Bar Association. I know it is quite strange to speak about this committee and this association. Nonetheless, we heard from this association on a number of occasions, because of these mammoth finance bills that the government introduces.

As in other committees, including the public safety and justice committees, the government seems to dismiss out of hand not only the credibility of the Canadian Bar Association, but also its significant and constructive contribution, as if it were an ideologically opposed enemy. It should perhaps view it as an ally that could help improve bills.

I say again that the role of the opposition is not just to oppose all the government’s initiatives. We oppose some bills and we support some bills, such as this one. However, I think the fundamental role of the House of Commons and the opposition is to point out to the government the shortcomings of legislation introduced in the House.

This role has been flatly rejected by the government since it was elected with a majority in 2011. This is very sad, because the process itself and the credibility of the House are called into question when these cases, which are many, are challenged in the Federal Court or the Supreme Court.

In summary, we are going to support this bill. However, we fear that it is nothing but a facade, just an empty shell that does not fully meet victims' expectations.