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

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I am going through the bill and I am a little puzzled how, in the actual provisions of the bill, the government is professing that this is a new mechanism whereby any victim of a crime can go through a procedure and participate, whether investigation or prosecution, in the course of the trial.

However, this bill only has a procedure for the federal departments or agencies to establish a complaints system and, as we all know in this place, the Criminal Code is actually investigating and prosecuting by provincial and territorial authorities. Section 26 does say that victims must go to a territorial or provincial entity if they cannot get recourse elsewhere.

Can the member tell us how exactly this law would actually enable Canadian citizens to file a complaint or participate in that case?

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, let me enlighten the member on the Constitution Act, 1982 which delineates the separation of powers between the federal government and the provincial government.

The federal government is charged with constructing the Criminal Code of Canada and the provinces are charged with implementing the Criminal Code of Canada.

The federal Parliament, by way of jurisdiction according to the Constitution Act, 1982 and before that, the British North America Act, only has jurisdiction over federal institutions.

I would refer the member to read the British North America Act, to read her history, to refer back to the Constitution Act, 1982. That should give her the right information in terms of why we here in the Parliament of Canada only have jurisdiction over federal institutions and federal organizations.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the government likes to talk and to attempt to appeal to victims through legislation such as this. We, too, support and want to be there for victims of crime.

What my constituents really want to see is a proactive government that understands that the best way we can protect victims is to prevent crimes from taking place in the first place. If the government gave just as much attention to dealing with that issue as it puts on spin, we would have safer communities.

Does the member recognize that if we invest in our communities, through different types of programming, especially those that deal with youth, gangs and things of this nature, that we would be able to prevent crimes from taking place, and therefore there would be fewer victims? All of society would benefit.

The government should not only be talking about this, but it should be delivering the financial and other resources to make that happen.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, the measure of any society is how it treats its most vulnerable. Canadians can count on this Conservative government to look after all citizens of Canada, including the most vulnerable.

The member brings up some interesting perspectives. We have funded many programs to enhance the security functions of our police, to give them more tools and more law enforcement abilities, and that party has voted against it time and time again.

The other day my wife was making a soup. This anecdote will elucidate exactly what the NDP and Liberals say here in the House, that they support this bill. My wife was making a vegetable soup and it was very thick. My eight year old boy came into the room and said, “Mom, is that a stew?” She said, “No, it is soup”. He said that he was going to call it stew because it looks like stew. My wife said that he could call it whatever he wanted, but it was still soup.

The victims bill of rights is exactly that. It is what it says it is. There is no hidden agenda here. There is nothing untoward here. The opposition members say they support it. We have had 500 different consultations. It has been before committee. It has been debated in this House.

Let us think of the victims who need this bill, who need this enacted into law. This is a transformative piece of legislation. Opposition members should get with the program, get on board. Let us pass this legislation and get it through the House as quickly as possible. The victims of crime here in Canada are waiting for it.

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

Victims Bill of Rights Act

[The Deputy Speaker, Joe Comartin]

It being 5:45 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the bill now before the House.

The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 3 and 4. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Joe Comartin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker, Joe Comartin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Joe Comartin]

In my opinion the nays have it.

I declare Motion No. 1 defeated.

I therefore declare Motions Nos. 3 and 4 defeated.

(Motions Nos. 1, 3 and 4 negatived)

[Lynne Yelich, Conservative, Blackstrap, SK]

moved that the bill be concurred in, with amendments.

[The Deputy Speaker, Joe Comartin]

Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.