I am not a lawyer, but I read Mr. Laferrière's comments. Our view on the discretionary power provided for in the bill is that it cannot be avoided. The police and prosecutor have discretion. And it's logical that the judge would have the ability to tailor the sentence to the circumstances of the case and that the Parole Board of Canada would exercise discretion in its decision making.
If you look at the legislation out there, whether in the U.S., Canada or elsewhere, justice officials have discretion at their disposal. What we should be doing instead is looking for ways to improve how that discretion is used and what methods are available to assert those rights. I don't think it would be realistic to suggest that clause 20 be removed. I think it's important to improve it and ensure that victims have more options, that they are familiar with the complaint mechanisms and know how to use them, and that the provinces have ombudsmen to systematically address complaints. A whole series of things need to happen.
Canada opted to pass legislation. Other countries such as the U.K. opted to establish bills that do not enshrine rights, but that require commitments from police, prosecutors and the parole board to ensure that victims know what to expect.
The rights provided for in the bill already exist. This isn't anything new. Canada led the way when the UN adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power in 1985. Existing rights are repeated and minor changes are made to the Criminal Code and the Corrections and Conditional Release Act, all in one piece of legislation. Once the bill is passed, we need to be able to tell victims what exactly it contains and what their rights are, given that three definitions of a victim exist. We are talking about amendments. Only legal experts will be able to understand them.
I didn't have time to mention this earlier, but we are concerned that, if the provinces don't take action to implement the bill, all of this will be nothing more than political rhetoric. The bulk of the responsibility associated with the bill is actually on the provinces. Organizations are worried. When people read the papers, they see that Quebec, for instance, is tightening its belt and cutting costs. We learned that the compensation plan would undergo cuts because it was one of the most costly in Canada. Ontario cut services. This isn't a time when services will receive more funding.
The experiences of other countries has shown us that support services will pay the price across the entire network. In fact, those who deliver support services to victims will be the ones responsible for providing most of the information. Recent studies show that underfunding has put many of these services on very shaky ground. If the provinces don't take action, nothing will happen.
Canada's provincial justice ministers haven't shown much enthusiasm. Not a single one said the bill was a good one. That's worrisome.