Good afternoon, Madam Chair and honourable members. Thank you for providing me the opportunity to address the committee on Bill C-37.
My name is Yvonne Harvey. I am the chair and the co-founder of Canadian Parents of Murdered Children and Survivors of Homicide Victims Inc.. I am here today in support of Bill C-37, which is intended to double the federal victim surcharge amounts and make them mandatory in all cases, thereby eliminating judicial discretion to waive the surcharge during sentencing.
My presentation will focus primarily on the importance of ensuring that the waiver option is removed in reference to undue hardship to the offender.
First, I would like to give you some background by addressing what represents, for victims of crime, undue hardship of a non-financial nature, and following which, I will give you tangible examples that define, for victims of crime, what is unquestionably financial undue hardship.
Few people can appreciate the true impact of murder on a family, yet any one of us could find ourselves in this position. One day we are leading a normal life and the next day we are thrust into a foreign world, through no choice of our own, having to deal with police, lawyers, courts, as well as intrusive media. Our lives are no longer private.
The day that changes one's life rarely comes with a warning, yet in an instant, the time that it takes to pick up a telephone, life as we once knew it disappears, and the future becomes a struggle between moving on and hanging on. We are left with a hole in our soul. We are now challenged with reconstructing our lives. There is no guidebook to tell us how to do this, because everyone's journey is as unique as one's fingerprint. Living in the aftermath of murder is a constant emotional and spiritual struggle. These are challenges that threaten to destabilize, and often do, the entire family unit.
What does financial undue hardship mean to us? As the mother of a murdered child and as the chair of CPOMC, I can attest to the unexpected and unpredictable undue hardship that victims of crime suffer. I will use my own experience as an example; however, let me assure you that my situation is not unique. Thousands of other Canadians who have become victims of crime have suffered worse challenges, including bankruptcy.
Immediately following the murder of my daughter Chrissy, I and my family were confronted with notable financial expenses.
It cost $3,000 to file an affidavit in the Supreme Court of Newfoundland to secure my daughter's remains.
Travel expenses to bring my daughter's remains home to Ottawa from St. John's, Newfoundland, and funeral expenses in St. John's and again in Ottawa combined for a total in excess of $8,000.
There was a legal bill in excess of $60,000 in order for my brother and his wife to obtain permanent custody of my granddaughter. This was done to ensure that the person who had been charged with murdering my daughter would not have custody of my granddaughter.
I contribute to ongoing support payments of $600 a month to help with the additional expenses that my brother and sister-in-law sustain in order to give Ireland, my granddaughter, a comfortable, stable, loving environment in which to grow.
As a self-employed nurse, I had to absorb a considerable loss of income while I tried to deal with the overwhelming grief of having lost my only child to murder.
I currently receive counselling for post-traumatic stress resulting from the murder of my daughter. I pay a rate of $175 an hour, biweekly. That is ongoing.
These are undeniable financial hardships.
The implementation of Bill C-37, which amends subsection 737(2) of the Criminal Code, would increase the victim surcharge from $100 to $200 for offences punishable by indictment. This new amount could cover one hour of post-traumatic stress counselling, but it's still a positive step forward.
When the court waives a federal victim surcharge, it is required to provide reasons why it is not imposed and to enter the reasons in the record of the proceedings.
In 2006 an operational review documented the imposition and collection of the federal victim surcharge in provincial courts in New Brunswick. In 99% of 831 cases reviewed where the federal victim surcharge was waived, there was no documentation of reasons for the waiver in the file. There was no documentation indicating that the offender had established to the satisfaction of the court that undue hardship would result, yet all judges interviewed consistently cited the offender's inability to pay as the reason for waiving the surcharge. Therefore, a number of judges in exercising their discretionary powers to waive the victim surcharge are not fulfilling their responsibility to justify their actions.
Once again, the victims suffer because funds that could provide them with crucial services are not being made available to them. Bill C-37 provides the opportunity to make the federal victim surcharge more effective. Therefore, I ask the committee to support these amendments and make offenders more accountable for their actions. These measures will force offenders to demonstrate concrete actions in terms of rehabilitation. This is another positive step.
In conclusion, I applaud the Conservative government's proposed amendment to the victim surcharge provisions in the Criminal Code, but once enacted, I trust that the provinces will be accountable for administering the victim surcharge and its proceeds in an effective and consistent manner.