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

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, if the minister would be so kind, I would like him to go back to Senator Boisvenu, who before he became a senator was on the streets of Montreal speaking against human traffickers in Quebec. In his life, he turned a great tragedy into a great triumph. The victims bill of rights is important, and Senator Boisvenu had some input into it.

Could the minister please comment on the senator's input on this particular bill of rights?

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, one of the great things about being in politics and being on this journey is being able to meet exceptional people. I was certainly privileged to meet with Senator Boisvenu.

I also want to pay tribute to a member of the House who is so committed to fighting human trafficking, which is the worst form of crime in this country. It is modern slavery. I am speaking of the member for Kildonan—St. Paul. She is the one who brought this to reality.

It was the member for Kildonan—St. Paul who made me realize that human trafficking is a reality. It definitely existed in Canada in the 2000s, just as it did in 2010 and it does in 2014.

In fact, Senator Boisvenu, Justice Andrée Ruffo and I marched together in the streets of Montreal to ensure that predators—those who prey especially on minors and often lead them into prostitution, drugs and exploitation—are brought before the courts and subject to minimum sentences.

In that regard, I believe that the member has done much more than is required of an elected official, because she has championed this cause. It is inspiring for all parliamentarians. Her work is very relevant to the victims bill of rights, as is that of Senator Boisvenu. As we know, he was struck by tragedy: a repeat offender killed his daughter.

Senator Boisvenu has worked to ensure that other Canadians do not go through the same trauma. That is why he is campaigning very methodically and rigorously for the recognition of victims' rights. I am thinking, for example, of the Association of Families of Persons Assassinated or Disappeared.

Once again, I would like to acknowledge the remarkable work of the member for Kildonan—St. Paul. I encourage her to continue her work because Canada needs women like her to support the most vulnerable people in our society, including victims of sexual assault.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I will be speaking in favour of the bill before us, Bill C-32, an act to enact the Canadian victims bill of rights and to amend certain acts. I am supporting it at second reading, because I see some real potential here, and I am hoping that when it gets to committee, it will get the kind of work it requires so we can really address the area of victims' rights. We want to support victims of indictable offences in a real way. We also want to make sure that this charter is not simply a statement of principle that will never be implemented and will just gather dust on some shelf.

This bill outlines the federal right of victims of crime to be informed, to be protected, to participate, and to receive compensation under the Canadian victims bill of rights, and it proposes modifications to the Criminal Code, the Corrections and Conditional Release Act, and the Canada Evidence Act to incorporate these rights.

I think this is really important for us to pay attention to. Bill C-32 establishes no legal obligation on those working in the criminal justice system to implement these rights. One thing I have learned over the years is that to have rights on paper does not guarantee too much, because what we need to go along with the rights given to us in legislation are also the tools so that those rights can be implemented and we can benefit from what legislators pass.

We often hear, and I have heard this a number of times, that my colleagues across the aisle truly want to make victims a priority, despite the fact that it took them eight years and many photo ops and press releases to get to the point where they put pen to paper and tabled something before this House. We have to spend some time looking at why it has taken this government that long a time to bring forward this bill, when it has talked about it for such a long time.

It is no secret in this House that the NDP has always supported the rights of victims. We will continue to consult with victims groups and experts to determine how we can best assist them. On this side of the House, we have no allergy to expert opinion, to data, to research, or to listening to the health professionals who work with victims. They know a lot about this.

As members know, I have been a teacher most of my life, and in that role, I was also a counsellor in a school. I often dealt with young adults who were victims of crime and with their families as well. I became aware of the deplorable lack of services that exist to support victims, so this has been a topic that has been close and dear to my heart for a number of years. I am glad to see that the government will be moving on it.

One of the things I also became aware of when I was a high school counsellor is how few resources there are out there. I do not know if members are aware of this, but the federal government has often relied on the provinces to provide some of these resources and services to support victims. However, the provinces are feeling stretched to the limit. We are hearing from them that the downloading of the refugee health care costs is putting a huge burden on the provinces. We have heard that from the premiers, from citizen groups, and from the medical profession as well. That is one example of being penny wise and pound foolish.

There have been other things, as we know, such as health care costs and all kinds of responsibilities. Under this government, the costs have been downloaded to the provinces to carry out. They only have so many resources.

I was reminded today of something that happened in B.C. In the beautiful province of British Columbia, we actually have a Liberal-Conservative coalition government. They call themselves Liberals, but even my colleagues across the way would admit that they are just as conservative as those sitting across the way. That government has cut the victims' criminal injuries fund. That is the fund that would be used to support and provide services to victims. I am hearing that because of financial pressures, some provinces, such as Newfoundland and Labrador,have eliminated that fund altogether.

I worry that we are setting expectations very high and are not going to be able to deliver those services, because there seems to be very little attached to this piece of legislation that would actually lead to any kind of implementation resources. Without those resources, all we are left with, and this I think we can agree on, are principles in proposed bills and charters. How will those play out? What kind of support will be available to the victims?

We have discovered this over and over again when we have seen legislation brought forward and we have thought that at last the government is going to address this issue. It is going to fix this. However, what I have discovered at various committee meetings is that it is not that easy, because with this government, the devil is always in the details. In this bill, it is the lack of details and resources that really hit us.

It is because of that that we are supporting this bill at second reading. We want to see what we can flesh out at committee stage. There is no way the government across the way is going to get a blank cheque on this issue without actually putting some resources on the table.

We will study the bill. We are not allergic to experts. We are going to invite experts. My colleagues across the way will invite experts, and we will listen to their opinions. We will read the data they have, and we will listen to the victims. Based on that, we will make sure that we put forward amendments so that the bill will really respond to victims' needs.

One of the things that struck me even before I decided to run as a member of Parliament was that we have had a government for a number of years that has been making all kinds of promises and often portrays itself as a law and order government. More recently, in the throne speech, it promised this bill. This has been in its platform since 2006. We are glad it is here now, but let us really take a look at what it means.

When I hear the term, “a government of law and order”, I really have to shake my head. I heard the minister speak earlier, and I was thinking that there were commitments made in the last election to put additional police out on the streets. In my beautiful province of British Columbia, in my riding of Newton—North Delta, in Surrey and North Delta, my constituents tell me over and over again that they are feeling betrayed because the government did not deliver the additional policing it promised.

However, I am the first one to say that policing is not the only answer. We have to look at many other ways of tackling crime in our neighbourhoods.

I have regular coffee shop meetings with my constituents, and because of a horrific murder in my riding, the 26th in a year, the community galvanized. There have been many meetings, and at every meeting my constituents tell me that they do not feel very safe and they are very worried. Seniors tell me that all the time.

I heard the minister on how we can save millions or billions of dollars with preventative programs. I would say that here is an example of where we are failing to put more police on the streets and look at prevention programs.

It is interesting that the minister strongly supports prevention, but when I talk to the huge range of different service providers in my riding,I find that their program support services are being cut dramatically, some by 100%. A lot of the services that used to be available to help youth reintegrate into society, lead a positive lifestyle, and enter into meaningful employment have not been funded or have been cut.

When I look at the mental health services that are available, I do not actually see any investment, even though we all stand in this House and talk about the great cost of mental health issues across our communities to our health services, our social services, and our penal system. We are all aware of that. Once again, where are the resources to help those who suffer from mental illness? Where are the resources, in a serious way, for those who are dealing with addictions, so that we can help them once again lead a more successful life? I have heard a lot about this.

I have a lot of respect for my colleague across the way, who has done a lot of work on human trafficking. I think everyone in this House would agree that it is a heinous crime and something we need to tackle in a serious way in the international community, because it is an international problem and we need to play our part.

Today we are talking about victims. What is it that victims need? Victims have been telling us that they need access to services and they need support. Many of them also want access to parole hearings and to be informed about the status of prosecution. They just want to know where the case is at.

A mother whose child died very tragically would check in with me regularly, asking if so-and-so was about to come up for parole. Every time parole came up, that mom went through all the pain and agony as if it had happened just that day.

We do not need to provide patronizing words. We need to provide real support and real processes that are going to work. It is not just for the sake of politically saying that we have this bill and we have done our piece, because until we provide the resources and put mechanisms in place to implement the bill, it is just words. I really do not want victims to feel further victimized because they feel that we played some kind of game with them.

I will read some quotes.

This is what Steve Sullivan, the first victims ombudsman, had to say about the bill on the CBC news on April 3, 2014. What he said rings alarm bells for me and makes me look at the bill more closely.

The former victims ombudsman charged Thursday that the Minister of Justice has over-promised and under-delivered on the Conservative government's victims bill of rights.

Those are not easy words for anyone to say, but I can see why he would have said that when he saw that there were no resources attached to this bill.

Also, there is Lori Triano-Antidormi, a mother of a murdered child. I cannot imagine the pain that this mom has gone through. She said this to CBC news on April 3, 2014, just last month. She stated that not everyone believes the bill will be effective. She went on to say that the bill will create false hope for victims.

We have to remember that Lori Triano-Antidormi is not only a victim of crime, but she is also a psychologist and helps to treat others.

The article further stated:

“My concern is promising [victims] more involvement in a very adversarial system,” she said. She says that, right now, victims have no role in a verdict unless they are a witness. “The crown has the final say.” Triano-Antidormi said if the government were to make that change, it would only fuel vengeance in the victim “which from a physiological perspective doesn't help their healing or recovery.”

I can only imagine the kind of pain this mother suffered. Despite all her personal pain, she has asked us to reflect on what we are doing here, and I am sure we will be doing that when we get to the committee stage.

L'Association québécoise Plaidoyer-Victimes on April 3, 2014, basically said that this bill may provide real leverage and not just a false promise to be dangled before our eyes. However, then it went on to say it really rests on making resources available to victims once their rights have been infringed.

Once again, we keep going back to that resource item. Without that resource item, it points to how hollow this bill could be.

It went on to say the governments have a responsibility to recognize victims' rights, but also to help them exercise those rights. Just stipulating the rights without providing assistance for that next stage makes it very hard and almost hollow, so the association is very worried about that.

Clayton Ruby, criminal law expert, said:

They need rehabilitative programs and services, and compensation from the government, and they’ve dropped all those expensive demands in favour of shallow symbolism.

Frank Addario stated:

...the...government’s agenda is to position itself as tough on crime, even though it knows its measures have little real-world effect. It’s cynicism masquerading as policy.

I am going to give my colleagues the benefit of the doubt. I am going to give them the benefit of the doubt because when we get to the committee stage to try to fix this bill with magnificent amendments, I know the Conservatives will pay attention and listen to some of the concerns we have. I am hoping they have been paying attention to some of the feedback out there as well, not just to the bits they want to hear but also to the rest.

Sharlene Lange, a victim's mother, stated:

Beyond the sentencing stage of the process, the victims basically fall off the face of the earth.... Rights need to go beyond the criminal process for this bill to even be a bill of rights.

She said she will continue to lobby until true financial compensation for victims exists.

There is absolutely no doubt that we need a bill of rights for victims. A study released in 2011 by the Department of Justice Canada found that the total cost of crime is an estimated $99.6 billion a year, 83% of which is borne by the victims.

With that in mind, I would urge my colleagues across the way to look at amendments at the committee stage, seriously consider what the bill really means, and make sure that resources and implementation mechanisms are in place so that victims truly feel supported and this does not turn out to be a sham.

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I would like to thank the hon. member for her speech and for her indication that she would be supporting the bill at second reading and allowing the Standing Committee on Justice and Human Rights, which I sit on, to examine the bill in detail. I can assure her that the bill will be examined in detail by her colleagues and mine and by colleagues from the other parties at committee.

The member mentioned that we need to listen to the victims, and she quoted a few of them. She may know of Sharon Rosenfeldt, whose son was tragically murdered by Clifford Olson many years ago. She has been a tireless advocate for victims of crime for many years and she started an organization called Victims of Violence.

After the introduction of this bill, she said:

Victims of Violence is very pleased that the government has indicated it's interest and intention to act in a variety of criminal justice and public security subject areas on behalf of victims of crime. In particular, we are pleased that the victims of crime now have a federal Victims Bill of Rights that is codified in law which is a major step for victims in Canada. The Bill contains worthwhile steps to confirm the importance of victims receiving information and having their voices heard. We are also pleased to see that the Bill contains a number of recommendations that have been put forward by victims over the past number of years.

I wonder if the hon. member would comment on that.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I have had the pleasure to work with my colleague across the way at committee and I know how seriously he takes his work. I really appreciate his putting forward that question.

I need him to know that is why I am supporting the bill going to committee stage, because even though the bill is not enough the way it is right now, it is a step in the right direction. It is a piece of legislation that many are disappointed with, but others are saying that at least it is a little baby step and it is the beginning.

In that way, let us make sure that when we get to the committee stage, we strengthen it by putting real teeth in it and by also making sure that resources are there so that victims get the support they need. They do not just need words; they also need support, and that support is what helps to heal them and rehabilitate them.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to pick up on the member's comments that victims deserve more than just platitudes and statements.

We would like to see things that are far more tangible. In certain situations, for example, when I was chair of a justice committee, we tried to move into the area of restorative justice, whereby in certain situations victims can be a part of coming up with the dispositions of those individuals who caused the harm in whatever fashion it might have been.

In fact, there are many different things that government can be doing outside of legislation. The member made reference to a commitment, for example, to increase the number of police officers. It builds up an expectation. In Winnipeg, I know many police officers felt they were going to see an increase, and that never materialized.

I would argue that the reason back then—and I do not know if it has been put in place recently—was that no real negotiations took place between the province and the federal government over how that would be implemented. Yes, money was flagged for it, but it was never really acted upon.

Talk is cheap. Our constituents want to see more action, and the member might want to provide comment on the whole idea of action.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, just as my colleague has said, there were all kinds of commitments made during the last election for additional policing.

It is not just my riding, but other ridings that have had problems with safety and crime are asking the same questions about what happened.

My colleagues across the way, including the minister, mentioned earlier that they brought in mandatory minimum sentencing. If we could really end crime through mandatory minimum sentencing, then the prisons in the U.S. would not be overcrowded. The U.S. would not be spending such a major part of its budget on prisons, and there would have been a decrease in crime. Research shows that the U.S. is not seeing that decrease in crime. It is now looking more towards the rehabilitative approach that we have had in the past, rather than a purely punitive approach.

When we are looking at action, it starts quite early. It starts with the kind of investment we make in preschool education, with the kind of investment we make in K-12, and it also starts, when our students get off the tracks, with the kind of resources we provide to help them get back on the right track. It also means providing support for those suffering from mental health issues. The provinces have been cutting those programs because of funding.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I also support the bill. I take the same sort of view that my hon. colleague does: to support the bill, get it to second reading and hope for amendments.

I noted the member quoted from the first of the federal ombudsmen for victims of crime. I commend the current administration for creating that position.

However, the current federal ombudsman for victims of crime put out a statement on Bill C-32. I was familiar with the recommendations that went forward. That office had made 30 recommendations for what should be in a bill that spoke to the rights of victims of crime. Of the 30 recommendations put forward by that office, only four have been fully contained in this bill.

One I thought was particularly notable, and I hope we can get to it at committee for an amendment. I will not be a member of that committee, but I urge members to take note of it. It is that in order to benefit from any of the so-called rights that victims of crime will get under this bill, they need to know that they have to register themselves with the parole office or with the correctional service as a victim to get on the list to get the notification of such things as when the person who perpetrated the crime against them is being released and so on.

Surely we need to include in this bill very clear notification, clear communication to victims of how they get their rights and how they exercise those rights. That key piece is missing.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, absolutely, there is much that is missing from this bill. That is why, when it gets to committee, I am sure there will be amendments galore to try to fix it.

My colleague just pointed out a reality that we face with a government that keeps moving closure and keeps shutting down debate. It refuses to listen to experts. An ombudsman appointed by the government makes 30 recommendations on what must be included in a bill, and the government rejects 26 of those items out of the 30 and cherry-picks the 4.

That actually adds to why I am so concerned about the inadequacies of this bill, and why we need to take our time to study it. However, as the government has already moved lengthy sittings and closure on all kinds of issues, I am not too hopeful that we will get to debate this in a meaningful way, to make some real changes and not be left with a sham.

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

Mr. Speaker, I would like to thank my colleague from Newton—North Delta. Her speech was very eloquent, and we should really examine it closely because she raised many very interesting points. I would like to ask her a quick question.

This bill proposes to create a complaints mechanism for victims. An agency would deal with those complaints at either the federal or provincial level. However, there is no funding for this. The federal government is once again mandating the provinces to spend money.

I would like the hon. member to comment on the fact that the federal government is always downloading costs onto the provinces. I would also like her to talk about the impact this will have on the services the provinces can provide.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I will keep it very brief. This is another example of a government that cannot work with partner groups and cannot work with the opposition to address some very critical issues.

I would say that there has probably been very little consultation with the provinces. They will be surprised at this. They will be left with the costs and everything. I am worried about what that is going to mean. It is going to mean that nothing is going to happen.

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I will be splitting my time with my hon. colleague, the hon. member for Don Valley West.

Every so often, members of Parliament see a bill that says to them, “This is why I was elected to Parliament. This is why I came to Ottawa on behalf of my constituents”. For me, the victims bill of rights act is one of those bills.

Victims have been calling for these protections and these rights for years. For far too long, our justice system has focused on the rights of the accused and ignored the victims. Their loved ones have been murdered, they have been assaulted and harassed, and their homes have been broken into, yet the justice system often just treats them like just another witness.

I am very pleased to speak on this important bill, which would enshrine certain rights for victims of crime into federal legislation. In so doing, it is expected that the reforms would significantly improve the way our criminal justice system responds to victims, while at the same time recognizing the important role that they can and should play in the criminal justice system.

In the brief time available to me, I would like to focus on the general provisions and definitions and the primacy clause included in this bill.

The first thing to note is that bill proposes a definition of “victim” that recognizes the physical and emotional harms suffered as the result of the commission or alleged commission of an offence. It also recognizes that crime results in property damage and economic loss to victims. This definition would further inform the proposed changes to the definition of victim in the Criminal Code and the Corrections and Conditional Release Act. I support this broad definition, as it accurately reflects the realities of victims of crime.

This bill, and the rights contained therein, would apply to victims of all offences under the Criminal Code, the Youth Criminal Justice Act, and the Crimes Against Humanity and War Crimes Act, as well as to several offences in the Controlled Drugs and Substances Act, and criminal offences in the Immigration and Refugee Protection Act.

In unfortunate cases where the victim is deceased or incapable of exercising his or her rights, another person would be able to act on his or her behalf. For example, in cases where the victims are children or have suffered so much trauma that they are incapable of exercising their rights, someone such as a parent or a spouse would be able to speak for them and ensure that the victim's voice is not lost.

Every victim deserves to have an effective voice and to be heard. The bill would put these rights on paper and entrench them within the law.

However, this bill would not allow for the accused or an offender, including those persons found not criminally responsible on account of mental disorder or those who are unfit to stand trial, to be considered a victim in the offence in question, or to act on behalf of a victim. This is an important safeguard against the potential misuse of this bill.

The rights proposed in this bill would apply to victims involved in the Canadian criminal justice system. This means that tourists, temporary and permanent residents, and Canadian citizens could invoke their rights while they are in Canada. The rights of permanent residents and citizens could also be invoked while they are abroad. For example, a retired couple who have been the victims of fraud in Canada but who live in Florida during the winter could rely upon the proposed rights to receive information about the status of any ongoing Canadian investigation.

This bill would make it clear that the victims of crime have rights at every stage of the criminal justice system, from the investigation of an offence right through to the conditional release process, including during proceedings before review boards for accused persons found not criminally responsible on account of mental disorder or those who are unfit to stand trial. This would ensure that victims have rights, even in cases that are unresolved or where no accused or offender has yet been identified, such as in the case of families of missing persons.

I had the opportunity to serve on the special committee for the study into violence against indigenous women, the report of which was just recently tabled in the House of Commons. In one of those meetings, we heard from the families of victims of some of these indigenous women who have disappeared. Many of these women, as we know from the RCMP report, have been murdered. The families told us that they need the rights that are enshrined in this victims bill of rights. They need to know what is happening at every step of the police investigation into the disappearance of their loved ones. This is something that they have not always experienced in the past, and these rights would now be enshrined in this law. That is one of the reasons I feel so passionately about this bill.

Even if some victims of crime choose not to interact with the criminal justice system and exercise their rights, this bill would ultimately be beneficial to all victims and all Canadians. This bill would increase victims' awareness of their rights and enhance awareness of victims' needs among criminal justice professionals and the general public through the online resources and training opportunities facilitated by the government. Right now, there is no document that victims can consult if they want to know all of their rights within the federal justice system.

This bill would ensure that victims' rights are applied in a reasonable manner and in a way that is not likely to interfere with the proper administration of justice or ministerial discretion; endanger the life or safety of any individual; or cause injury to international relations, national defence, or national security. As this bill makes clear, victims would be informed and involved at every stage of the criminal justice process. That is very important. I myself have been a victim of crime and I know that throughout the investigative and prosecutorial processes I had to learn about what was going on through the news media because I was not receiving that information directly from the justice system.

These rights would be implemented through mechanisms provided by law. Indeed, these technical changes would give life to the rights contained in the Canadian victims bill of rights in a manner that is consistent with the unique constitutional and operational realities of the criminal justice system. As we know, the criminal justice system is a shared responsibility, with the federal government having constitutional authority over the criminal law and criminal procedure, and the provinces being responsible for the administration of justice. Accordingly, many of the proposed amendments would be implemented through the actions of the provinces. This bill respects the constitutional division of powers. This government does not intend nor wish to encroach upon provincial or territorial jurisdiction.

This bill does not seek to impede efficiencies in the criminal justice system. Inefficiencies and undue delays in the system would not serve the best interests of the victims. For example, delays in the system could result in charges being dropped and proceedings being stayed. An accused person must be tried within a reasonable time and no victim of crime should ever be denied justice because of delays in the system.

This bill would also provide internal safeguards so that authorities could always act in the public interest when victims' rights are being exercised. Authorities must maintain the ability to protect both victims and the Canadian public at all times.

Thus, this bill would also provide transformational change for victims while upholding the rule of law and respecting principles such as police and prosecutorial discretion. For instance, it is a well-recognized constitutional principle that the Attorneys General of this country must act independently of partisan concerns when exercising their delegated sovereign authority to instigate, continue, or terminate prosecutions. This bill respects that independence, and at the same time grants victims a greater voice in the process.

Let me also elaborate on the primacy clause proposed in this bill, which signals that victims' rights are to be taken seriously and given meaningful effect by all in the criminal justice system. It proposes as a general rule that all federal legislation would be required to the extent possible to be interpreted in a way that is consistent with the Canadian victims bill of rights. In circumstances where there is clear and irreconcilable conflict between a federal law and the Canadian victims bill of rights, the provisions of this bill would prevail. Victims' rights would be decided on a case-by-case basis whenever conflicts arose between this bill and laws contained in other federal acts.

The Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act, and the Privacy Act would be expressly exempt from the primacy clause because they are also quasi-constitutional. These acts protect the rights and interests of all Canadians, including victims of crime, and they also have a clear link to the fundamental rights and freedoms found in the Canadian Charter of Rights and Freedoms.

I firmly believe that this bill is the necessary catalyst for creating a culture of change in the criminal justice system so that the needs of victims of crime can be better met. Given the progressive and vital nature of this bill, I urge all of my colleagues on both sides of the House to support it.

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, I would have liked to ask the Minister of Public Safety a question.

In his speech, the minister gave us the impression that there is no budget allocated for this program. He even went farther by saying in response to a question that in general, the provinces have good services to help victims.

I think the lack of budget is problematic. The provinces have their own expenses and their own programs. Of course, it is a good step forward to create a federal program from a policy based on a new law. However, the fact that there is no budget is a real problem, and it will pose a major challenge for the provinces, which will have to add this to their list of responsibilities.

I would like to know whether the provinces were consulted.

[The Speaker, Conservative, Andrew Scheer]

The Parliamentary Secretary to the Minister of Justice.

[Bob Dechert, Conservative, Mississauga—Erindale, ON]

Mr. Speaker, as you just pointed out, I am sure the hon. member knows I am not the Minister of Public Safety, but I thank her for the promotion, in any event.

She will probably know, if she read economic action plan 2014, that it commits to supporting the implementation of a Canadian victims bill of rights. She will remember that the victim surcharge was doubled. That goes to the provinces for the administration of justice, including supporting the victims bill of rights. I believe she and her colleagues voted against that, which is unfortunate.

In recent years, the federal government has created the Federal Ombudsman for Victims of Crime. It has created the federal victims strategy, providing more than $120 million for programs and services that help give victims a more effective voice in the criminal justice system. It has allocated more than $10 million for new or enhanced child advocacy centres, since 2010, to address the needs of child and youth victims of crime. It has, as I mentioned earlier, doubled the victim surcharge, which provides funding for these services.