Mr. Chair, good afternoon.
I'd like to thank the committee for this opportunity to present MADD Canada's comments on Bill C-32. Impaired driving is the leading criminal cause of death in Canada. In 2010 there were 1,082 impairment-related crash deaths in Canada. That is almost double the homicide rate of 554 for the same year.
MADD Canada estimates that on average every day in Canada almost four people are killed in impairment-related driving crashes, and another 175 people are injured. As you will hear from many victims organizations throughout these hearings, losing a loved one as a result of a crime is a life-altering event. All aspects of your life are affected. Celebrations, religious occasions, and life milestones are never the same when your loved one is no longer there to share in these special moments. A lot of people never recover from their victimization and suffer from ongoing mental health issues such as depression and addiction.
An offender serves a sentence, but a victim is given a life sentence of sorrow and heartbreak. Most victims come into the criminal justice system expecting a system of fairness. Most victims leave the criminal justice system severely disappointed and frustrated. They are left wondering where their rights are as victims.
Previous government legislation gave victims the right to read victim impact statements in court, increased the victim surcharge fine, made the victim surcharge mandatory, and limited the credit for time served prior to sentencing. These were all steps in the right direction for victims' rights. However, there is still much work to be done before most victims of crime are treated fairly and see justice served by the criminal justice system.
I will now highlight some of the key provisions of Bill C-32 from the perspective of MADD Canada and its members.
Under the section dealing with right to information, we're very encouraged by the following provisions: victims will be given more specific information on the criminal investigation and on the accused offender; judges will be required to ask the prosecutor if reasonable steps have been taken to inform the victim of any plea agreements in cases involving murder or serious bodily injury; victims will be able to request copies of bail, sentence conditions, and probation orders; and amendments will be made to the Corrections and Conditional Release Act to increase the rights of registered victims to access information on offenders' parole board hearings, status, and progress. This includes providing victims with information about the offenders' release dates, destinations, and parole conditions.
Under the section dealing with the right to participation, we are pleased to hear that Bill C-32 will increase the rights of victims to state their views at various stages of the criminal justice process. Under the section dealing with remedies, we're very pleased that victims will have the right to make complaints if their rights are infringed. Those are all positive changes that in our opinion will serve to improve the rights of victims of crime.
However, we do have some concerns about the bill.
Under the right to information section, the provision that a prosecutor must take reasonable steps to inform the victim of a plea agreement in cases involving murder or serious bodily injury, we are concerned that there are no ramifications if this requirement is not met. There is no effect on the validity of the plea agreement. In other words, the prosecutor and judge have a responsibility to ensure the victim is informed of the plea agreement, but there is no sanction or recourse if the prosecutor or the judge fail in that responsibility.
With respect to victim surcharges, we are deeply disappointed at the recent court decision to strike down the increases to the victim surcharges and make them mandatory. These funds go into victim services organizations which are extremely underfunded as it is. The loss of these victim surcharges will have a serious negative impact on organizations that already struggle to provide services and support to victims of crime.
Bill C-32 only deals with reasonable timeframes for payment of the victim surcharge. It is our opinion that victim surcharges need to be a key part of the criminal justice system. Under the right to participation, we believe victims should be allowed to make electronic or video presentations as part of their victim impact statements, both in court and at parole board hearings, rather than be limited to an oral presentation and a static photograph. Under the right to protection, when dealing with offenders in small communities, the parole board should consider the implications of having offenders go back into the same communities where the victims live.
We also believe there's a need to re-examine the definition of victim. Many victims never enter the criminal justice system because the offenders who killed their loved ones are also killed in those crashes or never formally charged. These victims suffer as much emotional trauma as victims who enter the criminal justice system, but a lot of times are denied most of their rights contained in Bill C-32, and many of these individuals are also denied victims services at the local level.
In conclusion, Bill C-32 expands the ability of victims to obtain information and to ensure their viewpoints are sought out at various stages of the criminal proceedings. Offenders will be held more accountable. The real impact of Bill C-32, however, will depend largely on the commitment of provinces and territories to strengthen their own victims' rights. For example, currently all the provincial and territorial criminal injury and compensation acts preclude impaired driving victims from recovering damages. Impaired driving is the single large criminal cause of death in Canada and is one of the leading criminal causes of injury. Victims of impaired driving are no less worthy or in need of compensation than victims of other crimes. Consequently, impaired driving victims should have the same right to compensation as victims of other crimes.
Thank you.