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.

Victims Bill of Rights Act

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, any discussion about victims and crime should also include the provinces. Justice and law enforcement are basically under provincial jurisdiction, aside from the RCMP. Therefore, it is essential that we consult the provinces about any legislation regarding justice and victims' rights.

Victims need to be protected. This issue is very important to me and to all New Democrats.

What approach does my colleague think the government should take in consulting with the provinces on legal matters and the protection of victims' rights?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I thank the member for Pontiac for his excellent question.

It is very important for any good Canadian government to consult with the provinces and territories. We live in a federation. This is not a unitary government, and therefore we must consult the other levels of government before introducing a bill that could have a direct impact on their jurisdictions.

That is a basic notion of federalism that I did not think I would have to explain to the House at this time of night. Unfortunately, the government opposite could really benefit from this approach, since it always seems to skip that step.

The Conservatives introduced a bill but left out the provinces. They did not ask the provinces what resources they would need or what the bill should focus on. There were no consultations. A few experts were consulted, but the provinces and territories were ignored. That makes absolutely no sense.

The House resumed from June 3 consideration of the motion that Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, be read the second time and referred to a committee.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is with pleasure that I rise to speak to Bill C-32 this afternoon. It is really interesting to be able to stand and recognize that the government has actually done a fairly good job on this piece of legislation. It is one of those things for which time allocation should not be required. It is one of things that, I believe, is not controversial.

I would look to the minister, who has done a fairly decent job in bringing the legislation forward. From what I understand through our critic, the minister reached out to different regions of our country to get a better sense of what this bill should look like and, ultimately, brought in the legislation.

I cannot help but think that there are, no doubt, many other pieces of legislation that would have benefited from the same sort of attitude in terms of reaching out to Canadians for input. In particular, there are the changes to the Elections Act that we had.

It is important to recognize that this legislation would build upon previous work from the Paul Martin and Jean Chrétien governments. Victims' rights have always been important. In fact, our critic provided me with one document that makes reference to a revised version of the Canadian Statement of Basic Principles of Justice for Victims of Crime, which was done in 2003. That provided great detail on the principles to guide legislators and service providers in the promotion of access to justice, fair treatment, and the provision of assistance for victims of crime.

Just given the number of points that are listed here, there might be some value in me reading the list. The document, referenced in the preamble to the victims bill of rights now before the House, identified the following principles as intended to promote the fair treatment of victims.

They are as follows:

1. Victims of crime should be treated with courtesy, compassion, and respect.

2. The privacy of victims should be considered and respected to the greatest extent possible.

3. All reasonable measures should be taken to minimize inconvenience to victims.

4. The safety and security of victims should be considered at all stages of the criminal justice process and appropriate measures should be taken when necessary to protect victims from intimidation and retaliation.

5. Information should be provided to victims about the criminal justice system and the victim’s role and opportunities to participate in criminal justice processes.

6. Victims should be given information, in accordance with prevailing law, policies, and procedures, about the status of the investigation; the scheduling, progress and final outcome of the proceedings; and the status of the offender in the correctional system.

7. Information should be provided to victims about available victim assistance services, other programs and assistance available to them, and means of obtaining financial reparation.

8. The views, concerns and representations of victims are an important consideration in criminal justice processes and should be considered in accordance with prevailing law, policies and procedures.

9. The needs, concerns and diversity of victims should be considered in the development and delivery of programs and services, and in related education and training.

10. Information should be provided to victims about available options to raise their concerns when they believe that these principles have not been followed.

In 2005, the Liberal government announced new initiatives to support victims of crime, including allowing victims to apply for financial assistance to attend the national parole board hearings of the offenders who had harmed them.

I think it is fair to say that members of the House, as a whole, though I am speaking on behalf of the Liberal caucus, have long been concerned about victims and understand and appreciate the importance of ensuring that as much as possible is done to take into consideration the rights of victims. Therefore, it should be no surprise that Liberals find ourselves supporting Bill C-32. As I have indicated, the bill would continue to build upon other government initiatives in a very positive fashion.

The Liberal Party critic pointed out at second reading that the bill was broken into two major areas. The first is the Canadian victims bill of rights, which would specify that victims of a crime would have a right to information about the criminal justice system. He used the example that the bill would provide access to some elements regarding the status of a particular investigation. It would include measures to protect the security and privacy of victims. As well, it would ensure that victims would be shielded from any form of intimidation. The bill would also provide victims, as has been pointed out by my colleague, the right to convey their views and have them considered, as well as to make victim impact statements and seek restitution orders.

I will pause here to say that I had an opportunity, in a much smaller capacity, to serve in a very rewarding way on a youth justice committee. We were moving in the direction on how we could get victims more involved in dispositions and we felt that in certain situations, it would be appropriate, if at all possible, to invite the participation of victims. An example might be where a young person vandalized or stolen from an individual or company and the circumstances around the meeting with the youth in question would allow the victim to be brought before the justice committee, along with the youth, to work together in coming up with a disposition.

We found a great sense of accomplishment when both the victims and the perpetrators felt, through that process, that the disposition was appropriate, particularly from the victims' perspective. They saw justice being applied first hand. I was not directly involved because I was the chair of the committee, but on a couple of occasions when I was directly involved, the victims felt wonderful about the opportunity to be engaged in the process and to be a part of it.

The bill specifies, when these types of rights apply, who can exercise them, how complaints are to be treated, and the interpretation of this act relative to other acts. It is important to note, even though those are the two major aspects of the legislation, that some other amendments are being proposed. When I had the opportunity to go through them, I thought allowing victims the right to seek publication bans was interesting and quite important for us to recognize. That change would ensure that harm of victims would be considered also in sentencing.

There is a number of reasons why we should be satisfied with the legislation as proposed. This is not to say that the government could not have done a better job in the drafting of the legislation prior to going to committee.

Some concerns were expressed, and I will point out the three that have been provided to me.

One is that the bill provides for enhanced information sharing, but does not outline the responsibility for this in specific terms. This is an area we thought had fallen short during second reading debate.

I also note, through presentations that were made and feedback received, that it does not address the fact that most victims do not know they need to register with the Parole Board or Correctional Services Canada to receive information about the offenders who have harmed them.

The third point is that the bill would allow for certain victims to be informed of a plea bargain, but would not allow victims to have a say before a plea would be accepted.

These are some of the views that were expressed by the Victims Rights Ombudsman and others, both formally and informally, and raised with the Liberal Party, committee members and so forth.

We need to recognize that the victims' rights are of the utmost importance, but I want to conclude my remarks by making a general observation with regard to victims as a whole.

I believe that there is so much more the government could do to prevent people from becoming victims in the first place. The government needs to start investing more time and energy into this.

Yesterday was wonderful. We were able to debate fetal alcohol spectrum disorder in the chamber. If this disorder were identified at any earlier stage, it would go a long way in assisting some in avoiding the justice system.

There are some simple things that could be done. I get frustrated very quickly when I hear many different stories and concerns from Winnipeg North. I get frustrated in the sense that we have been unable to better provide for Canadians as a whole. However, for me specifically at this moment and for residents of Winnipeg North, we should try to come up with alternatives for our young people, in particular, that would take them away from gangs. I do not think the government does enough in that regard. What other alternatives through programming might we be able to provide?

I recognize there are different roles and responsibilities, depending on the level of government, but the national government has a strong role to play in the coordination, ensuring that the different stakeholders are brought together, that dialogue occurs, that there is a sense of best practices that occur in the many different jurisdictions and communities.

The current government has fallen short on this. The Prime Minister believes that the least involvement of government, the better it is for society as a whole. That approach can be best seen in a wide variety of actions, or lack of actions, by the Government of Canada, but in certain areas, it can even more so. A couple that come to mind right away are health care and justice.

When I was first elected in a by-election, one of the primary, if not most important, messages I wanted to convey to members of this privileged chamber was that people in our communities needed to feel safe. However, there are certain areas or pockets across the country where that sense of security in one's home is challenged at times.

If the government really wanted to make a difference, it could do so in a more tangible way. I will give a couple of examples of that. It is all about how we might be able to prevent future victims.

One of the things that really frustrated me was issues related to community policing. It was quite upsetting when we had community police offices in Winnipeg's north end being closed down. It did not matter whether it was the provincial or national government, and to a certain extent the municipal government, but no one seemed to stand and say that it was not the direction in which to should go.

We have had former chiefs of police in Winnipeg indicate very clearly that community policing works and can be effective. I know first hand just how effective it can be. When we collectively allowed community policing to be closed down, we really allowed for more victims in the future.

Through community policing, as an example, we will find that it is better able to work with young people and get a sense of where the problem areas are. In doing so, it is able to prevent crimes from taking place. I believe this would have made a difference.

I can recall when the current Prime Minister came up with a pot of money to be used to increase the number of police officers. I understand that money was given to the different provinces. However, in Manitoba, that money was just put aside. I do not know if it was ever used, but it was a commitment that came from Ottawa saying that it wanted to see more police out on the streets in our communities.

Well, that did not happen, even though Ottawa wanted allocated money for it. It was because there was no sense of co-operation from Ottawa and the province to ensure that in fact would happen. Instead, we saw a pot of money put to the side, and the province did not act on the initiative with the city of Winnipeg.

That was unfortunate. Whatever the arguments might have been, the bottom line was, who paid the cost?

The Prime Minister, on the one hand, said that the government would put more police on the streets, but, on the other hand, he was not successful at that because he did not work with the different stakeholders. At the time, it meant that the police officers he promised never materialized, at least not in a timely fashion. As a result, we might have lost the opportunity to have prevented some crimes from taking place. This is what it really boils down to. There needs to be more co-operation with the federal government and the different stakeholders to prevent crimes from happening in the first place.

If I could send a message to the Prime Minister today, it would be that we need to take a more holistic approach in dealing with crime in our communities and provide the type of programming that will make a difference to prevent victims in the first place and to prevent crimes.

That is what I think we need to start getting tough on, the causes of crime.

I look forward to future budgets in which we will see this as more of a priority and in which there will be an allocation to prevent crime from taking place in the first place.

Bill C-32—Notice of Time Allocation

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

Mr. Speaker, I would like to advise that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the proceedings at the second reading stage 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 the said stage of the bill.

The House resumed from June 6 consideration of the motion that Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, be read the second time and referred to a committee.

Victims Bill of Rights Act

[Linda Duncan, NDP, Edmonton Strathcona, AB]

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

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

[The Acting Speaker, Conservative, Barry Devolin]

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

The hon. member for Edmonton—Strathcona.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Linda Duncan, NDP, Edmonton Strathcona, AB]

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

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

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

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

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

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

[Linda Duncan, NDP, Edmonton Strathcona, AB]

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

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

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

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

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

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

[Linda Duncan, NDP, Edmonton Strathcona, AB]

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

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