An Act to Bring Fairness for the Victims of Violent Offenders

An Act to amend the Corrections and Conditional Release Act (fairness for victims)

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

Sponsor

David Sweet  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

The purpose of this enactment is to amend Part II of the Corrections and Conditional Release Act in respect of the following matters:
(a) the parole review of offenders who are serving a sentence of at least two years for an offence involving violence;
(b) the attendance of victims and members of their family at parole review hearings;
(c) the consideration of victims’ statements by the National Parole Board when making a determination regarding the release of an offender;
(d) the manner of presentation of victims’ statements at a parole review hearing;
(e) the providing of information under consideration by the Board to a victim;
(f) the cancellation of a parole review hearing if an offender has repeatedly refused to attend, or waived his or her right to attend, previous hearings;
(g) the providing of transcripts of a parole review hearing to the victim and members of their family and the offender; and
(h) the notification of victims if an offender is to be released on temporary absence, parole or statutory release.

Similar bills

C-479 (41st Parliament, 1st session) An Act to Bring Fairness for the Victims of Violent Offenders

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-479s:

C-479 (2010) An Act to amend the Department of Agriculture and Agri-Food Act (individuals or entities engaged in farming operations)
C-479 (2009) An Act to amend the Department of Agriculture and Agri-Food Act (individuals or entities engaged in farming operations)
C-479 (2007) An Act to amend the Employment Insurance Act (benefit period increase for regional rate of unemployment)

Votes

May 7, 2014 Passed That Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims), as amended, be concurred in at report stage with a further amendment.
May 7, 2014 Passed That Bill C-479, in Clause 6, be amended by ( a) replacing line 9 on page 5 with the following: “6. (1) Subparagraph 142(1)( b)(iii) of the Act is repealed. (2) Subparagraphs 142(1)( b)(v) and (vi) of the Act are repealed. (3) Paragraph 142(1)( b) of the Act is” ( b) replacing line 18 on page 5 with the following: “(4) Subsection 142(1) of the Act is” ( c) replacing line 1 on page 6 with the following: “(5) Section 142 of the Act is amended by” ( d) replacing lines 4 and 5 on page 6 with the following: “information referred to in paragraph (1)( c) at least 14 days, where”

An Act to Bring Fairness for the Victims of Violent OffendersPrivate Members' business

December 10th, 2013 / 5:45 p.m.

NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, I am really pleased to speak to the bill we have before us today, Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims).

This bill is based for the most part on the recommendation made by the former federal ombudsman for victims of crime and seeks to pay special attention to the perspective of victims in the criminal justice process.

Bill C-479 broadens the rights of victims under the Corrections and Conditional Release Act. It incorporates into law some of the elements that are already part of the current practice in parole hearings. Some of those elements are in fact consistent with the recommendations made by the former ombudsman in his special report.

Under this bill, victims would have more opportunities to attend parole hearings, and offenders would have considerably less access to reviews.

The NDP, however, is concerned that the bill adds five years to the interval between parole reviews for violent offenders.

This goes against the ombudsman's previous recommendations that this extension apply only to dangerous offenders and those serving a life sentence.

The people working with victims and those working with inmates agree that parole is an essential component of public safety. This change could prevent some offenders from having access to parole and, by extension, deny them the benefits of a supervised release in the community.

This amendment therefore would lead to a situation where many violent offenders would reach the end of their sentence without having had access to supervised release. They would then be out in the community for the first time, fully free and without any supervision at the end of their sentence.

On our side, we work tirelessly to improve the safety of the public. We believe that one way to achieve this goal is to implement a parole process that helps people reintegrate safely, and I emphasize the word “safely”, into the community to reduce victimization and the risk of reoffending.

We also support the victims and their families, and we want to work with them to ensure that in addition to taking legislative action to help them, we also provide them with the services they need.

Instead of focusing on the shortcomings of the Corrections and Conditional Release Act as a whole, this is yet another Conservative piecemeal bill that actually does very little to ensure the safety of our communities.

I will briefly run through the changes, or, more specifically, the amendments, proposed in Bill C-479: the parole review of offenders who are serving a sentence of at least two years for an offence involving violence; the attendance of victims and members of their family at parole review hearings; the consideration of victims’ statements by the National Parole Board when making a determination regarding the release of an offender; the manner of presentation of victims’ statements at a parole review hearing; the providing of information under consideration by the Board to a victim; the cancellation of a parole review hearing if an offender has repeatedly refused to attend, or waived his or her right to attend, previous hearings; the providing of transcripts of a parole review hearing to the victim and members of their family and the offender; and the notification of victims if an offender is to be released on temporary absence, parole or statutory release.

We think that this bill has several good points. That is why we will support it at second reading so that it can be sent to committee.

We also believe that it is appropriate for victims to attend parole board hearings, for example, when it is likely that the offender will return to live in the community where he committed the crime, or when a victim is asking for specific condition to be placed on the offender after release, such as a non-communication order. We also think that allowing victims to attend hearings via video conference or teleconference is a valid point in Bill C-479, especially for victims with mobility problems.

We also want victims and their families to feel that they are really involved the process. However, we must also ensure that offenders have access to appropriate services, whether in the correctional system or the parole system, such as supervised release, so that recidivism rates fall after offenders have served their full sentences.

We do see some weaknesses in Bill C-479, however, and it is important to point them out. For example, an offender who serves a sentence of less than five years might have only one chance at parole under Bill C-479. If his first application is denied, it is quite possible that he will serve his entire sentence without ever having been granted conditional release. This means that offenders will be released at the end of their sentences without any conditions, and more importantly, without the benefit of any rehabilitation or reintegration programs. It goes without saying that this poses a risk to public safety and that such a practice would likely result in higher recidivism rates and therefore an increase in the number of victims of crime.

Society would be better served by the gradual, supervised release of offenders who pose a risk. Such release helps offenders reintegrate into society safely and with the supervision they need to facilitate their reintegration, thereby reducing the likelihood that they will commit other criminal acts. If the Conservative government is truly serious about helping victims and their families, it will provide them with services and reintegrate criminals into society in such a way as to prevent the risk of victimization and recidivism.

In closing, the NDP's message to victims and their families is simple: we support greater victim involvement in the parole process. We also support many of the recommendations made by the former federal ombudsman for victims of crime, as well as his criticisms of Bill C-479.

We are working tirelessly on making our communities safer. Our plan goes beyond the Conservatives' simplistic ideology and really gets to the heart of the problem, rather than just scratching the surface. We want to help victims create a safer process that will reduce the risk of recidivism.

We hope the government will be receptive to the suggestions we will be making in committee.

The House resumed consideration of the motion that Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims), be read the second time and referred to a committee.

An Act to Bring Fairness for the Victims of Violent OffendersPrivate Members' business

December 10th, 2013 / 6:05 p.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Mr. Speaker, it is an honour in the House to speak to Bill C-479, an Act to bring fairness for the victims of violent offenders. I am dedicated and passionate about seeing this bill through because the changes it would bring about for victims and their families are overdue. Today marks one step closer in the legislative process in seeing these changes become a reality.

First, I would like to thank the hon. member for Scarborough Centre, who is also the Parliamentary Secretary to the Minister of Public Safety, for her strong support the last time we debated Bill C-479 in the House. In her role, she has been a strong advocate for victims in her community and across the country, and I congratulate her on her work.

The parliamentary secretary, the Minister of Public Safety and the Minister of Justice were busy this past summer, hearing from victims across the country. We look forward to hearing more from them in the months ahead on the federal government's support for victims.

I am proud that Bill C-479 complements our government's work to support victims and their families from coast to coast to coast.

I would also like to thank and acknowledge the hon. members for Esquimalt—Juan de Fuca, Winnipeg North, Alfred-Pellan and Abitibi—Témiscamingue for the support they offered in the House to bring this bill to committee. I appreciate their kind words on my intent in bringing forward this bill. While they have raised some points that will be further debated in committee, I have no doubt that their hearts are in the right place.

All of us on both sides of the House should desire to do everything we can to bring about fairness for victims and their families and act on some of the recommendations of the victims ombudsman. Contrary to the member for Malpeque's comments, this bill is not about the Criminal Code, but the Corrections and Conditional Release Act and victims' rights. This is all about that.

I offer special thanks to the Federal Ombudsman for Victims of Crime, Sue O'Sullivan, for meeting with me and my staff and for all of her advice and support in the development of this bill. Many of the provisions of Bill C-479 stem from the recommendations made by Ms. O'Sullivan and her office. I appreciate and respect the work that she and her team do on a daily basis to advocate for victims. It is tough, emotional and unrelenting work and they do it effectively, professionally and compassionately.

I have also heard from victims. To me, that is the ultimate litmus test of this bill. When they tell me that it will make a difference and that we are on the right track, I know that this makes sense.

Please allow me to conclude this debate at second reading where I began. That is by reiterating my intent in bringing forward this bill. As I have said at each stage of the process, it was an eye opening and heart-wrenching experience at a hearing of the National Parole Board of Canada in the summer of 2010 that led me to introduce this bill. Invited to observe as a guest of my constituents, I witnessed first hand how the system revictimized the people who had already suffered enough for a lifetime. Since that time, I have witnessed many more meetings, all just as gut-wrenching and painful.

Constable Michael Sweet's story and his family's reasonable request to have more information has profoundly affected me as well. Their point is well taken that their father and husband's life was taken from them publicly. The offenders were tried publicly, with all of the evidence being introduced publicly. Victims, their families and all Canadians should have some public assurance that those convicted of violent offences are doing what they can to be rehabilitated and become contributing citizens.

If an act to bring fairness for the victims of violent offenders eases the revictimization of just one family, it will be worth it, but I am convinced that it would do much more.

Merry Christmas. Joyeux Noël.

An Act to Bring Fairness for the Victims of Violent OffendersPrivate Members' business

December 10th, 2013 / 6:10 p.m.

The Acting Speaker Bruce Stanton

The time provided for debate has expired. Accordingly the question is on the motion. Is it the pleasure of the House to adopt the motion?

An Act to Bring Fairness for the Victims of Violent OffendersPrivate Members' business

December 10th, 2013 / 6:10 p.m.

Some hon. members

Agreed.

An Act to Bring Fairness for the Victims of Violent OffendersPrivate Members' business

December 10th, 2013 / 6:10 p.m.

The Acting Speaker Bruce Stanton

Accordingly the bill stands referred to the Standing Committee on Public Safety and National Security.

(Motion agreed to, bill read the second time and referred to a committee)