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

[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.

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

Mr. Speaker, I appreciated hearing from the member opposite. I wonder why the government decided not to entertain some of the fairly important and well-meaning amendments that were presented by our caucus at committee stage, particularly as they related, in a couple of instances, to clauses requiring the victim to make a request in order to receive certain important information.

The wording says that the victim has to request it. We tried to change it to say that the victim has the right to receive this information. I wonder why the government did not see fit to make some of those important changes, recognizing that victims do have the right to this information. If they do not receive the education on what their rights are, then they will not be able to request this important information.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, the committee also heard from prosecutors that they would be overburdened with all the requests.

I would also point out that the Canadian victims bill of rights would enshrine a victim's right to receive, on request, general information. That is information regarding the criminal justice system and the role for victims. It would also make sure they were informed about the available victim services and programs, including the restorative justice programs. They would also have the right to make a complaint if they felt their rights had been infringed upon.

There is a lot of information-sharing. There would notification about release of the offender if the offender was being conditionally released. There are a lot of great opportunities here.

I know the NDP brought forward ideas, but we also wanted to make sure we kept a very strong bill, one that was not watered down. We wanted to make sure the bill spoke to the issues that were brought forward to the committee as well as during the consultation process when the bill was drafted by the department. Victims were telling us right across the country in our consultations that this is what they wanted to see in the bill.

[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, Selkirk—Interlake, MB]

Mr. Speaker, I do not believe the member listened closely to my speech, because in it I talked about how that was an issue that came forward. We made sure in budget 2014 that there was funding available to the provinces to ensure that there was a mechanism for complaints at the provincial level.

We also enshrined the complaint process in federal departments. In the case that there is not a complaint process in place, we have the victims ombudsman to ensure that victims' rights are protected and are being enforced by the various government agencies at the federal, provincial, and territorial levels.

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

Mr. Speaker, I appreciate this opportunity because I am not on the committee and did not have an opportunity to follow the bill at that stage. However, I am interested in the issue. I will explain my support for this issue when I get up to speak in a moment, but I do have a question.

There is no question that in many ways this is a framework document that frames the rights of victims across the country, but a lot of the commensurate responsibilities and costs are going to be devolved to the provinces. The provinces will have to step up as a result of a number of these provisions.

I know that at least in one case, if not in others, Attorneys General have asked for some time to be set aside for implementation. In one case it was six months, and we introduced an amendment at committee to give those provincial jurisdictions the opportunity to get ready for the impact of the bill when it comes into effect.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, they have had the dialogue already through the federal-provincial-territorial ministers meetings. The justice committee did ask the Attorneys General from across Canada to appear, and only one province did appear. The overwhelming message from that province, as well as all justice ministers across the country, was that they have no problem with this legislation or with making sure the services are in place and are provided for victims.

I also want to say that the reason I am so interested in this is that I have had the opportunity to talk to victims of crime, such as Sharon Rosenfeldt, whom I have dealt with in the past. Her son was brutalized and murdered by Clifford Olson. We want to make sure that these types of families do not have to go through the same horror that she and her husband experienced attending these ongoing Parole Board hearings. They never received any restitution and never had their rights respected. We want to stand up for families such as hers and for others in the future as well.

[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.

[Denis Blanchette, NDP, Louis-Hébert, QC]

Mr. Speaker, I thank my colleague for his speech.

He said that, yes, we have a bill of rights, but it also needs the commensurate resources to accomplish anything. Knowing this government, we might see good intentions, but no real measures to achieve the desired goal.

I would like my colleague to talk to us about the need to add resources immediately to ensure that the spirit of the bill of rights is respected and that people can truly benefit from it.

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

Mr. Speaker, my colleague is right. It is all well and good to lay out the principle and to give direction that one shall do this or do that. I am providing the context in this case of a lower level government, but without the commensurate resources. What is in fact being accomplished, other than raising the expectations perhaps of people who, in this case, deserve to be treated better? That is one of my concerns.

Nonetheless, it will not prevent me from supporting the legislation. It is a weakness, though, that will have to be addressed later on down the road.

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

Mr. Speaker, I thank my New Democrat colleague for his excellent speech.

Something is bothering me about today's debate. The Conservatives accuse us of not being on the victims' side. I find that very offensive, since the NDP has always supported victims' rights. Obviously, being the victim of a crime is a terrible thing. My thoughts go out to victims and their families, who go through very tough times and sometimes even struggle to make it through.

I also know that my New Democrat colleague has spoken a number of times in the House on behalf of the families of victims, lobbying the government to pass bills that protect victims. Unfortunately his own bill was rejected by the Conservatives.

Could my colleague talk more about the Conservatives' doublespeak? They choose the type of assistance they want to give victims, yet refuse to implement good solutions suggested by the New Democrat opposition.

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

Mr. Speaker, that is a good point, but we will fix that in the election in 2015. The New Democratic Party will form government in our country, and we will not only correct the most egregious parts of the agenda of the members opposite, but will bring in our vision, the vision that has been articulated by the leader of my party, the MP for Outremont, who is so clearly leading the strongest opposition that has ever been seen in our country and in Parliament.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I want to thank my colleague for his speech and for having always defended victims.

I would like to talk about how the debate on the bill currently before the House is once again being shut down. The official opposition is prepared to debate this bill and to talk about the importance of giving victims a voice. However, we are once again dealing with closure.

I would like my colleague to comment on this measure that the Conservatives keep using, namely imposing closure on bills that they themselves introduce in the House.

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

Mr. Speaker, my colleague is absolutely right, and I said this in my remarks earlier.

It does not matter if we support this legislation, and we have indicated that, but it does not mean that we have to ram it through. When legislation comes to this place, it is our opportunity to bring the perspectives of our constituents forward, to address it, comment on it, to share our stories and those experiences, and to raise what we think are the strengths and weaknesses of particular legislation. Just because we support a bill does not mean that it should be rammed through the House. Likewise, if we have concerns about particular legislation, it should not be rammed through the House.

How many times has there been time allocation? It is in the eighties, and that is very bad. It is bad government.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, I am pleased to participate in the report stage of debate on Bill C-32, the victims bill of rights Act, which will build upon the government's continuing efforts to protect Canadians and communities.

I would like to focus my remarks on two areas specifically. First, how the bill complements and builds upon current policies, legislation and practices for victims of crime; and second, how the bill assists victims of crime to deal with the financial impact of victimization.

The past 30 years have seen many important advances for victims of crime. Victim-serving organizations and various levels of government have contributed tremendously to making a substantive change for victims of crime in this country.

An important milestone in our country's work for victims of crime was the endorsement in 1988 and 2003, by federal-provincial-territorial ministers responsible for justice, of the Canadian statement of basic principles of justice for victims of crime, which recognizes victims' interests and promotes, at a national level, fair treatment of victims in our criminal justice system.

The Canadian victims bill of rights will complement the solid foundation set out in the Canadian statement and will go one step further by entrenching rights of victims into a single, federal law.

The Canadian statement has guided and informed the development of policies, legislation and practices for victims of crime across Canada. Each province and territory has developed victims services and legislation unique to their provincial and territorial reality. Provincial and territorial legislation for victims of crime in some cases includes provisions worded as rights, such as the right to information, to consideration of personal safety and to respectful treatment.

Bill C-32 will not impede existing provincial and territorial legislation but rather complement it. This is important. The bill reflects provincial and territorial input received from a variety of processes, including the public consultations and ongoing discussions with the provinces and territories. It is also informed by best practices from provincial and territorial victim legislation and programs. It has been carefully crafted to deliver on the government's objective of transformational change for victims of crime, while respecting constitutional divisions of power.

This respect for federal and provincial jurisdiction is reiterated in the preamble to Bill C-32, which explicitly recognizes that criminal justice is a shared responsibility between the federal, provincial and territorial governments.

In addition, Bill C-32 also balances the rights of victims of crime with other fundamental interests in the criminal justice system, such as the need not to interfere with prosecutorial independence or police discretion.

Section 20 of the bill specifies that rights must be applied in a manner that is reasonable in the circumstances and not likely to endanger life or safety, interfere with police or prosecutorial discretion or compromise an investigation or prosecution.

During the consultations held in 2013, the government heard clearly from stakeholders about the importance of these principles. Many stakeholders, including provinces and territories and criminal justice professionals, argued that these principles underpin the effectiveness and efficiency of the criminal justice system.

We all recognize this, so I am pleased to see that Bill C-32 provides rights granted to victims that must be interpreted and applied in a reasonable way and with regard to these principles.

I would now like to pay particular attention to the rights and amendments relating to restitution. Many victims expressed concerns over the financial burden of crime and these provisions have been designed to address these concerns.

A disproportionate percentage of all costs related to crime are borne by victims. Numerous submissions addressed the financial impact of crime on victims, including concerns about loss of income as a result of the crime and an inability to work out-of-pocket expenses related to criminal proceedings and additional costs that were borne by victims. In some cases, these expenses placed people in situations of serious financial hardship.

The Canadian victims bill of rights aims to address this imbalance and relieve some of the financial burden of crime from victims.

The bill clearly indicates that every victim has the right to have the court consider making a restitution order against the offender and, when not paid, the right to enforce the order as a civil judgment. These amendments acknowledge the harm done to victims and promote a sense of responsibility in offenders. The bill would make a number of amendments to the restitution regime in the Criminal Code to ensure that the existing legislative framework properly supports these rights.

Under the current restitution regime, victims have expressed frustration over collecting the amounts that have been ordered to them. Furthermore, the amount of moneys ordered consistently exceeds the amount of moneys collected. Victims' confidence in the criminal justice system is undermined when restitution orders are not paid.

The Canadian victims bill of rights would amend the Criminal Code to direct that judges must consider ordering restitution as a part of an appropriate sentence in all cases. Before a decision is made on restitution, the court would be required to inquire with the prosecutor if reasonable steps have been taken to provide the victim with an opportunity to indicate whether they are seeking restitution for losses or damages. If the court decides not to order restitution, it would be required to state the reasons for its decision into the record.

The proposed amendments would enable victims to use an optional form in the Criminal Code to assist them in calculating and describing the readily ascertainable losses and damages. A motion accepted by the Standing Committee on Justice and Human Rights would also amend the Criminal Code to allow a public authority responsible for enforcing a restitution order to be designated by a provincial or territorial order in council or a minister's order. This would allow for bodies to be designated more quickly and efficiently, and would help to avoid lengthy delays that may result from the proposed requirement for regulations.

At its core, this bill aims to give victims of crime a more effective voice in the criminal justice system. In the context of restitution, this would be achieved by permitting victims to speak to their ascertainable losses and damages in a victim impact statement. In determining the sentence to be imposed on an offender, the court must take this statement into account. Furthermore, the offender's financial means or inability to pay the restitution order cannot in and of itself prevent a court order from issuing the restitution order. This provision of the bill codifies decisions from various appellate courts across Canada.

The proposed reforms regarding the payment of the restitution order were built on the necessity for victims to receive reparation for their losses and damages. The bill would provide that the offender's failure to pay the restitution by the date or dates specified in the order would allow the victim to enter any amount that remains to be paid as a judgment in any civil court in Canada. This provision would provide clarity to victims and to the court about exactly when the restitution order can be deemed unpaid and properly entered as a civil judgment against the offender.

This carefully tailored restitution regime, when entrenched in criminal law, would have many benefits. It would provide victims with effective reparations and allow them to avoid lengthy civil proceedings. Equally important, these measures would ensure that offenders are accountable for the harm they have done.

This bill represents a balancing of the many interests at stake in the criminal justice process. It would also help to improve victims' experiences and assist them to deal with the financial costs of their victimization.

I would urge all members to join me in supporting the victims bill of rights act to provide victims of crime with a more effective voice in the criminal justice and corrections system.