Thank you very much, Chair.
Colleagues,
I am pleased to appear before this committee today to talk about Bill C-32, which enacts the Canadian victims bill of rights and will entrench victims' rights in federal legislation.
I'm proud to say that this bill, the victims bill of rights act, has been a key priority for our government since 2006. I appreciate the support that has been received for this bill thus far at second reading from numerous groups of stakeholders, victims advocates, including members present, since the bill was tabled last April.
This bill reflects broad consultations and input received from over 500 stakeholders in person or online bringing forward reforms discussed at every federal-provincial-territorial forum, and best practices from international, provincial, and territorial legislation, and programs. There has been a tremendous amount of input. At its core, the victims bill of rights act complements existing measures for victims of crime while respecting constitutional divisions of power in the administration of justice and being very careful to avoid causing undue delay in the criminal justice process. That was an important consideration, I can assure you, which was raised often during our consultations.
I strongly believe that this bill strikes the appropriate balance between the rights of victims and the rights of the accused. Importantly, it extends rights for victims at every stage of the criminal justice process, from the beginning of the investigation to the consideration of the release of the offender on warrant expiry. It affords victims a true sense of inclusion, of respect and consideration, throughout the process. The proposed primacy clause stipulates 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. Where there is a conflict between a federal law and the bill of rights, the provisions of this bill would prevail, with certain notable exceptions. Victims will benefit from general rules that will be entrenched, will be spelled out, will be cast in federal law for the first time.
We know that victims of crime often seek information about the criminal justice system and the role they play, about their case, about the decisions made by the justice professionals throughout the process. This bill creates a right to information. It brings amendments to the Criminal Code and Corrections and Conditional Release Act to provide more information to victims on things such as bail and prohibition orders, plea arrangements, victim-offender mediation, and parole board decisions. This proposal builds on existing laws, policies, and best practices.
We know that victims are looking for greater protection in their interactions with the criminal justice system. Bill C-32 will build on the many existing measures in federal law to better serve victims.
Specifically, amendments to the statutory scheme governing the disclosure of third party records in sexual assaults proceedings, in the testimonial aid provisions, would require courts to consider the particular security needs of victims who are witnesses. Similarly, proposed amendments to the Corrections and Conditional Release Act would allow the parole board to impose reasonable and necessary conditions on an offender serving a long-term supervision order, which would include a non-contact or geographical restriction if the victim presented to the board a statement about safety.
Studies on child victims have shown that publishing identifying information can exacerbate trauma, complicate recovery, and discourage children from reporting crimes to the police or impact on their cooperation with authorities. That's why the proposals relating to publication bans involving children and using pseudonyms are the logical next step in enhancing victim protection in our system.
The amendment on spousal immunity has sparked some interest. The proposed amendments would ensure that if a spouse has relevant evidence to give, the crown will not be able to call the spouse to testify. Bill C-32 would not, however, change the privilege regarding marital communication. A married person testifying at a trial may still refuse to disclose a communication made to them in the confidence of the spouse during their marriage.
We know that victims want to participate more in the criminal justice system. The right to participation set out in this bill recognizes that major concern.
Specifically, the measure to clarify and broaden the scope of the victim impact statement provisions in the Criminal Code would clarify that victims would be permitted to speak in their victim impact statement to the emotional, physical, and financial impacts of the offence. It could also include their taking a photograph with them, or using testimonial aids to present their statement to the court. These are compassionate measures that we think will aid in the ability of a person to give their evidence.
We know that victims are also concerned about the financial impact of a crime, which often places them in serious hardship. The amendments proposed would provide victims with the right to have courts consider restitution orders against the offender, as well as the right to enforce orders as civil judgments which could or would possibly avoid lengthy civil proceedings for the victim of crime.
We know as well, Mr. Chair, that victims were seeking enforceable and practical measures to address the harm and prevent similar harm to others.
I must pause for a moment to pay tribute to those very courageous individuals who took part in this process and helped with the presentation of this bill by sharing their experiences in the criminal justice system. For many it was a very painful experience to go back over what had happened to them, but I know that they did so with tremendous compassion in their hearts, in the hopes of preventing victimization in the future.
During the consultations, many victims advised that they did not want to see police or prosecutors impeded in the exercise of their authority, or punished. They simply wanted organizations to address problems up front and spare other victims and their families some of the unfortunate experiences they had undergone.
The proposed remedies approach would provide remedial action to victims more quickly than any external adjudicative process, and make federal departments and agencies proactive in addressing victims' needs. This remedial scheme provides a review mechanism with statutory powers and the operational expertise necessary to assess potential breaches of victims' rights, in the context of each department's or agency's operations, requiring that victims use existing oversight bodies with authority to oversee the operations of a department or agency. This is a cost-effective and timely approach, and it's consistent with the input that we received during consultations.
Many victims' rights advocates in Canada clearly supported creating enforceable rights for victims. In her initial report on Bill C-32, the federal ombudsman for victims of crime wrote that this significant step forward will help acknowledge and enshrine victims' role in the criminal justice system. That is very positive.
After talking about what this bill will do, allow me for a moment to touch on some of the elements that the bill will not address.
The bill doesn't propose to make victims a party to the criminal proceeding or give standing, nor does it give victims the right to receive legal aid automatically. These are areas we spent a great deal of time considering and reviewing. We believe we received significant feedback during the consultations on these specific suggestions. I might say many were concerned that it could lead to unintended negative consequences for victims, unnecessarily burden the justice system, and lead to significant costs and delays in criminal proceedings. For those reasons we have not proceeded in that direction.
The bill also does not give rise to a cause of action or claim in damages. Criminal justice officials noted during the consultations that imposing additional civil liability on officials responsible for implementing this bill would impact on the operations, cost, and functioning of the justice system. As similar clauses appear in provincial and territorial victims' rights legislation, other federal statutes, and related statutes in other countries, we are confident with the approach we've taken on this issue.
This bill will also not provide victims with the right to review or veto a crown decision to prosecute. Again, we've received tremendous input on this subject. Prosecutorial discretion is a constitutionally protected principle in our criminal justice system, and we are protecting it under clause 20 of this bill.
However, we have included amendments to the Criminal Code that would require the court to inquire if the crown had informed the victim of any plea arrangements for serious personal injuries offences, which we believe strikes the right balance and the right approach. Our focus here is giving victims consultation and a voice at a critical point in the criminal justice process, without creating undue cost or delay, or in any way undermining what we feel must be balance in a fair trial.
We will continue to work with our provincial and territorial partners as they implement this legislative measure in their respective jurisdictions.
In conclusion, Mr. Chair and colleagues, it is my hope we will continue to work together at the federal level to ensure this bill restores victims to their rightful place at the heart of our criminal justice system.
I thank you in advance for the work you are undertaking in looking at this bill in detail. I thank you for your diligence on a number of legislative agenda items you have before you, and I look forward to your questions.
