Victims Bill of Rights Act

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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment enacts the Canadian Victims Bill of Rights, which specifies that victims of crime have the following rights:
(a) the right to information about the criminal justice system, the programs and services that are available to victims of crime and the complaint procedures that are available to them when their rights have been infringed or denied;
(b) the right to information about the status of the investigation and the criminal proceedings, as well as information about reviews while the offender is subject to the corrections process, or about hearings after the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and information about the decisions made at those reviews and hearings;
(c) the right to have their security and privacy considered by the appropriate authorities in the criminal justice system;
(d) the right to protection from intimidation and retaliation;
(e) the right to request testimonial aids;
(f) the right to convey their views about decisions to be made by authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered;
(g) the right to present a victim impact statement and to have it considered;
(h) the right to have the courts consider making, in all cases, a restitution order against the offender; and
(i) the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid.
The Canadian Victims Bill of Rights also specifies
(a) the periods during which the rights apply;
(b) the individuals who may exercise the rights;
(c) the complaint mechanism for victims and the requirements for federal departments to create complaint mechanisms; and
(d) how the Canadian Victims Bill of Rights is to be interpreted.
This enactment amends the Criminal Code to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel;
(c) broaden the conduct to which the offence of intimidation of justice system participants applies;
(d) expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice;
(e) make testimonial aids more accessible to vulnerable witnesses;
(f) enable witnesses to testify using a pseudonym in appropriate cases;
(g) make publication bans for victims under the age of 18 mandatory on application;
(h) provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration;
(i) require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances;
(j) add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards;
(k) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(l) clarify the provisions relating to victim impact statements;
(m) allow for community impact statements to be considered for all offences;
(n) provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order;
(o) specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed;
(p) provide a form for requesting a restitution order; and
(q) provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims.
The enactment amends the Canada Evidence Act to provide that no person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused. It also amends that Act to add a new subsection to govern the questioning of witnesses over the age of 14 years in certain circumstances.
This enactment amends the Corrections and Conditional Release Act to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) permit victims to have access to information about the offender’s progress in relation to the offender’s correctional plan;
(c) permit victims to be shown a current photograph of the offender at the time of the offender’s conditional release or the expiration of the offender’s sentence;
(d) permit the disclosure of information to victims concerning an offender’s deportation before the expiration of the offender’s sentence;
(e) permit the disclosure to victims of an offender’s release date, destination and conditions of release, unless the disclosure would have a negative impact on public safety;
(f) allow victims to designate a representative to receive information under the Act and to waive their right to information under the Act;
(g) require that the Correctional Service of Canada inform victims about its victim-offender mediation services;
(h) permit victims who do not attend a parole hearing to listen to an audio recording of the hearing;
(i) provide for the provision to victims of decisions of the Parole Board of Canada regarding the offender; and
(j) require, when victims have provided a statement describing the harm, property damage or loss suffered by them as the result of the commission of an offence, that the Parole Board of Canada impose victim non-contact or geographic restrictions as conditions of release, where reasonable and necessary, to protect the victims in relation to an offender who is the subject of a long-term supervision order.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

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

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

Votes

Feb. 23, 2015 Passed That the Bill be now read a third time and do pass.
Feb. 4, 2015 Passed That Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 4, 2015 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 18, 2014 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:45 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank the hon. member for Lac-Saint-Louis for his speech.

We have long been part of the Standing Committee on Public Safety and National Security together, where we have studied many private members' bills or other bills about victims' rights. Ms. O'Sullivan, the ombudsman for victims, often came to testify and we had the opportunity to ask her many questions.

In fact, my question is about the services currently being offered to victims. The NDP will be supporting the bill at second reading so that the Canadian victims bill of rights, proposed by the government opposite, can be studied in committee.

I, too, am worried about victims' rights. Sue O'Sullivan, like many other witnesses who came to talk to us about victims' rights, spoke about the importance of prevention so as to avoid creating more victims in Canada.

Could my colleague talk some more about how important prevention is and how it should be a key element in the Canadian victims bill of rights?

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:45 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, in reading some of Ms. O'Sullivan's material, I learned that she had made 30 recommendations to the government and that only half of them were accepted.

With respect to prevention, I am not sure I really understand what aspect of prevention this is about. Is it about society in general? I think that is what my colleague was referring to. I strongly believe in prevention, particularly when it comes to helping youth.

When a young person gets help and ends up not embarking on a life of crime, that does not make headlines. Headlines are for people who commit crimes. Prevention saves a lot of lives, and there are plenty of examples of that. Unfortunately, we cannot talk about it very much tonight, but I really believe in it.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:50 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I want to thank my colleague for his well-thought-out speech. I was really pleased to see that the Liberals support the need for this victims bill of rights and its underlying principles, though I am a bit puzzled as to why they did not take any action on this while they were in government.

Does the member agree that the victims bill of rights should have been accompanied by the funding necessary to provide for implementation of the complaints mechanism it provides and also funding to provide actual support for the victims?

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:50 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, to the hon. member's first point, I am sure she understands that society evolves, ideas evolve, and steps are taken in a progressive way over time. We did not have a victims bill of rights 100 years ago either. Things take time to evolve.

As I mentioned in my speech, the Liberals did bring in a number of important measures to help victims. For example, the Martin government took measures to facilitate the testimony of child victims and other vulnerable witnesses by providing for the more widespread use of testimonial aids and support persons.

On the question of funding, I hope that the government will bring in more funding. I understand that the budget has to follow the passage of the legislation, but I am not confident that the Conservatives will bring in funding. It seems to have become a habit of the current government to create wonderful gestures but not back them up with the resources required for those gestures to become meaningful. When it comes, for example, to the complaints process, the Conservatives have been very vague. If victims find that their rights are not being respected, we are not absolutely certain what they can do about it. This could be problematic down the road.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:50 p.m.

NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, sometimes there is nothing more slippery than a Liberal. In this case, they are trying to defend their record of years of inaction on victims' rights. We have Liberals who did absolutely nothing on victims' rights for years, and now we have Conservatives who are basically doing something that is called tokenism.

The thing is that they cannot address victims' rights if they do not address funding programs and do not address trying to deal with prevention. How difficult is it to wrap their heads around the fact that they have to invest in prevention and invest in programs that allow victims to have a voice? The current government is not doing this, and the past Liberal governments did not do it.

I do not understand how my colleague can try to defend the Liberals' record by trying to squeeze out in the middle. I have tremendous respect for my Liberal colleague, just not for his government in the past. I would like to hear whether he can defend the Liberal record on victims' rights.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:50 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I have a lot of respect for my hon. colleague as well, but I must tell him that I have been here for almost 10 years now, and I only started hearing the NDP talk about victims' rights in the last year or so.

He is right that funding is important. Codified rights are important as well. When the Liberals brought in the Charter of Rights and Freedoms, they did not bring in a Charter of Rights and Freedoms budget at the same time, but those rights matter.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:50 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, there is a lot to say and a lot of questions for the Liberals. However, I will stick to the facts and set the record straight.

The NDP has always supported victims' rights, and I think that is important to point out. I do not think that anyone in the House is against victims' rights. I think the problem is in how it is all implemented. The problem is in choosing words carefully, ensuring fundamental rights are taken into account, having respect for the dignity of these people and making sure that we keep our promises, like the one made by the Prime Minister.

The Prime Minister of Canada's website talks about the right to restitution and promises funding. We are talking about funding directly for the Canadian victims bill of rights. In light of the Prime Minister's promise, what does my colleague think about the fact that there is no mention of funding or an envelope for this bill of rights?

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:55 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, the government has still not committed to providing the financial means needed to make this bill effective. I agree with the member.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:55 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I will be sharing my time.

I have the honour of adding my voice to those of my many colleagues today with regard to Bill C-32, introduced by the government opposite, to enact a Canadian victims bill of rights.

As far as this Canadian victims bill of rights is concerned, I would like to mention that the NDP has always supported victims rights. We want to support victims of crime in a tangible way and we must ensure that this charter will not be just a statement in principle that will never be implemented. The NDP sincerely believes that victims should have access to support and assistance programs throughout the legal process.

I mentioned at the start that we will be supporting this bill at second reading. However, on this side of the House, we are not prepared to give the Conservatives a blank cheque. The NDP members have promised to thoroughly study this Canadian victims bill of rights. We want to carefully study it to ensure that it brings about real improvements for victims who have been calling for this bill of rights for many years. We want to give careful consideration to every clause of this bill and we will consult experts about every element of this bill.

I must also mention the incredible work done in committee by my colleagues from Gatineau and La Pointe-de-l'Île, as well as their serious approach to studying Bill C-32 and many other bills brought before the Standing Committee on Justice and Human Rights.

There are a number of points that I would like to address in the rest of my speech, including the limitations of the charter and some quotes from many victims advocacy groups in Canada. I will come back to that later.

Victims Bill of RightsGovernment Orders

May 27th, 2014 / 11:55 p.m.

The Speaker Andrew Scheer

The hon. member will have about eight minutes left to conclude her remarks.

It being 12 a.m., pursuant to an order made on Tuesday, May 27, the House stands adjourned until later this day, at 2 p.m., pursuant to Standing Order 24(1).

(The House adjourned at 12 a.m.)

The House resumed from May 27 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 RightsGovernment Orders

June 3rd, 2014 / 10:30 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I have to ask my friends across the way what took so long. I ran in the 2006 election and debated candidates who talked about victims' rights. I ran in 2008 and debated other candidates who talked about victims' rights. Now it is finally before the House. This will come as a great shock, but the New Democrats will support sending the bill to committee. We believe that if members want to listen to us and work with us, we will find a way to make the bill even better.

We can actually work together if we try, if all sides want to work together on such a bill, because it is an important bill. If we think about it, it outlines federal rights for victims of crime to be informed, to be protected, to participate, and to receive compensation. I understand there is not much said in the bill about how much compensation the government will provide.

Another aspect of the bill that concerns us, and we may be able to work that out in committee, is that it does not establish any legal obligations for those working in the criminal justice system to implement any of the rights that are aforementioned in the bill, which is very troubling.

The Conservatives say that they truly want to make victims a priority. I am in my ninth year here, and I hear this regularly from the other side. We will take them at their word. Instead of photo ops and all the announcements about what they will do, let us get down to business, let us get to work and do it.

The NDP has always supported victims' rights. We will continue to consult victims, victims groups and experts in the field in order to determine how we can best assist the people who are the victims. Members will hear me say many times in this speech that we should work together on this and get this done. Instead of the push and shove that occurs in this place so often, when we talk about victims' rights, we should all agree. Hopefully, we will find a way to get through this together.

With the Conservatives, the devil is always in the details. Therefore, until it goes to committee and there is a full discussion, we will reserve our judgment on the bill. Hopefully, the committee will hear experts and victims. Those are the people who have lived these situations.

The Office of the Federal Ombudsman for Victims of Crime is an active participant in Justice Canada's consultations for victims. The suggestion was that we had to have a conclusive and applicable statement, integrated, accessible and simple resources and services that would establish baseline standards across the country. After all, this is the federal Government of Canada and equality before the law across our country is very important. There has to be an inclusion of the definition of “victim”, encompassing all persons who have suffered from crimes committed in Canada, fair, respectful and adaptive rights, something to which we should all relate. Victims should have a voice, the ability to take action, the right to be informed, and, as I said a few moments ago, financial support and protections, psychological support mechanisms, and we should limit the ability for offenders to benefit from their crimes or to reoffend.

At first glance, the bill responds to some of those requests by widening the definition of “victims of crime”, by codifying rights to be protected, to participate and to receive compensation. However, the bill does not designate legal obligations on other stakeholders in the judicial system. It simply provides access to a vague mechanism to file complaints with various federal departments, agencies and organizations that have a role to play in the justice system when victims have their rights infringed.

For example, complaints directed at provincial and territorial organizations, including the police, the crown and victims' rights organizations, will be processed directly under the appropriate provincial or territorial laws. No specific funds have yet been attributed to the implementation of these mechanisms for examining complaints or to help out the provinces.

Are we creating some kind of two-tier system where the federal government will pay for some of it and the province will have to pay for some of it? This is an example of the kinds of questions we would like to see answered at committee. Maybe we need to have some amendments made to the bill to make it better. Only time will tell.

The NDP very clearly wants victims to have access to the services and supports they deem they need. That would require investment and partnership with the provinces, not just press conferences and some of the hot air we have heard for the last eight years. 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. That said, we want the government to provide real support and processes that will work, not just measures that it thinks will score political points.

We are looking at the details of the bill very closely. I want to reach across the aisle one more time and say to the government that we are looking at these details and want to work with it on this very important bill.

I have a story I want to tell. Lori Triano-Antidormi is the mother of a murdered child. That child was murdered two blocks from my home. The child was a couple of years old. The daycare worker took the child out for a walk and a woman, who all of us in the community knew was troubled, decided that day that the child contained the soul of her child. She killed the child to release her child to her once again. Obviously, that is a terribly sad story.

However, I want to talk about the strength of this mother. She said, “Not everyone believes the bill will be effective”. She thinks the bill will create false hope for victims. She is not only a victim of a crime, but is now a psychologist, 20-odd years later, so she treats others.

She also said:

My concern is promising [victims] more involvement in a very adversarial system...She says that, right now, victims have no role in a verdict unless they are a witness. “The crown has the final say.” Government change would 'only fuel vengeance.

That is quite a statement for a mother who has lost a child, to have the depth of personality to say that. I have had the good fortune of meeting her.

If the government were to make that change, she is sure it would fuel vengeance in the victim, which from a psychological perspective, her trade being psychology. It does not help the healing and recovery. This is one of the reasons it is important for us to listen to victims of crime, because not all victims of crime are seeking vengeance. They are seeking a better way of dealing with crime in our communities so it does not happen in the first place.

There is another fairly well-known victim. Sheldon Kennedy is a name that has been spoken in this place before. Several victims' advocates were on hand for an announcement, including Sheldon Kennedy, who was sexually abused by his minor league coach. His words were:

I’m not naive to think that we’re going to flip a switch and everything’s going to be better...But being able to have this announcement...is going to start the process of trying to be better at the way we handle victims, not only through the court process, but really understanding the damage that happens to victims.

It is not about what we do with a person in jail; it is what we do to prevent people being victimized in the first place. Therefore, when we are at committee, when we are looking at the bill and talking about the rights of our citizens, we have to take into account how as a society, how as a government, we are going to put the resources into place to prevent these terrible crimes where people, children, are victimized so many times.

As a person who at one point in my life was assaulted by an individual, I know what it feels like to be a victim. It is not pleasant. It is more important that we understand in advance and find those places in society to make the difference so we will not have victims who pay prices they should not have to pay.

Victims Bill of RightsGovernment Orders

June 3rd, 2014 / 10:40 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I am truly pleased to be able to ask my hon. colleague a question. His speech moved me because he expressed something very important to me, as a member of Parliament, namely the opportunity or this hope to work together. I commend that aspect of his speech.

He also talked about the fact that it is better to prevent than to cure. He also talked about how not to further victimize the victims and how to not have victims.

Can my colleague elaborate on that? Also, how could we improve this bill? I know that he already alluded to that. However, I would like him to expand on that.

Victims Bill of RightsGovernment Orders

June 3rd, 2014 / 10:45 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, as a caring society, part of our role is to say to victims that we will take care of them. The other part of that equation, the other half, is to prevent having victims in the first place. There is that balancing act.

I am optimistic about working with the government at committee on something that is this significant, this important, to everyday Canadians. Have members thought about how significant this really is and how important it is for us to come together to find a way to make this the best possible bill?

Victims Bill of RightsGovernment Orders

June 3rd, 2014 / 10:45 p.m.

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I certainly want to thank my colleague across the way for his very heartfelt, insightful speech. Obviously the member of Parliament has strong empathy for victims, possibly because of the experiences he has had.

That said, could the member outline one or two things he thinks are very important to add to the bill? I think the bill is very strong. It needs to have members on all sides of the House put their ideas forward as well.