Thank you.
Good morning.
The Canadian Resource Centre for Victims of Crime is a national, non-profit advocacy group for victims and survivors of serious, violent crime. We provide direct assistance and support to victims across the country, as well as advocating for public safety and improved services and rights for crime victims.
The CRCVC is pleased to appear today before the Standing Committee on Justice and Human Rights to take part in the debate over Bill C-464.
Before we begin, we would like to acknowledge David and Kate Bagby, who have travelled a very long distance to share their story with us today. Their story is truly tragic, and I'm sure you're aware of the details. We are here, along with the Bagbys, to make sure that another family does not have to endure the same suffering.
The decision to grant bail is inherently difficult. A judge is asked to balance the rights of an accused, who is presumed innocent until proven guilty, against the protection of public safety. It is our position that the protection of the public must take precedence over an accused's right to be released from custody pending trial.
The Criminal Code has provisions that govern when detention should be ordered, and Bill C-464 seeks to amend these provisions and correct what is, in our opinion, a gross oversight. Bill C-464 modifies paragraph 515(10)(b) to provide that the detention of an accused in custody may be justified where it is necessary for the protection or safety of the accused’s minor children. It is hoped that this modification might save the lives of children, children like Zachary Turner, whose life would not have been lost had the judges who twice granted Shirley Turner bail not done so. There are a number of examples where Zachary Turner was failed by the systems put in place to protect him, but ultimately the fact that he was not considered in the evaluation of Shirley Turner's risk led directly to his death.
We are fortunate in Canada that cases of homicide where the victim is a child are rare. It is, however, alarming how many of these young victims are killed by their parents. Statistics Canada reports show that in 2006 there were 60 homicides committed against children and youth under the age of 18. This represents 10% of all murders committed during that year. Thirty-six of these young victims, or 65%, were murdered by family members. In 2003, 33 children under the age of 12 were murdered. Twenty-seven of these cases were solved, and of those, 85% were found to be murdered by a parent. Over the past three decades, from 1977 to 2006, 90% of family related homicide victims under the age of 18 were killed by a parent, the definition of which includes step and adoptive parents. These statistics tell us that a significant number of murdered children lose their lives at the hands of their parents, and that the younger they are, the more likely it is that their parents take their lives.
Unfortunately, Statistics Canada does not record statistics on the number of cases that involved a parent who was released on judicial interim release when they murdered their child. We must therefore rely on individual cases reported in the media to capture these crimes. The media shows us that Zachary’s case was not unique.
Peter Lee of Victoria attempted to murder his wife in 2007. He was charged but granted judicial interim release despite a recommendation by police that he not be released by the courts. Conditions were imposed that required that he not have contact with his wife, yet in September 2007 he murdered his six-year-old son as well as his wife and her parents.
In Cumberland, Ontario, in April 2006, Frank Mailly murdered his two sons, ages six and nine, his daughter, aged twelve, and their mother. He then burned down their home, with their bodies in it, killing himself in the process. He was not to have contact with Francine, but he had visitation rights to the children, and he committed these murders at the conclusion of one of their visits. Mailly had a long history of domestic violence and was on bail at the time he murdered his family.
In 2002, Lawrence Mends was released on bail in St. Catharines following an attempt to take the life of the mother of his child. When he returned to her home to attack her again, he wounded her and murdered their two-year-old son, Robert, stabbing him in excess of 20 times with a knife.
These are just a few examples where the risk to children was not properly assessed. In addition to these cases where children lost their lives, there are numerous cases where children were left orphaned when one parent was murdered by another, frequently in the presence of the children or when their mother was trying to protect the children from harm.