I would say it's the lack of information and understanding around the complexity of the justice system and the difficulty victims encounter in trying to have their views considered.
When a bill like this one proposes that victims be informed after guilty plea agreements are reached, in the absence of any mechanism compelling prosecutors to inform victims before a guilty plea agreement is made and assure them that their views will be taken into account, we have to recognize how upsetting that is for victims. That is something that has been criticized for years. In terms of the victim's right to be heard, that is a component of the bill that could be beefed up.
As far as I'm concerned, the problem has to do with information at every stage of the judicial process. It's important that the victims bill of rights enshrine the right to information, but how will that measure be implemented? That will affect, for instance, the Young Offenders Act and therefore thousands of victims. But that is a different system when it comes to sentencing and its underlying principles. Victims within that system also have the right to information, whether it's knowing the identity of the young offender or obtaining detailed information about the judicial and extrajudicial sanctions, something the bill does not provide for. Nor does the bill address witnesses' rights.
There is still a long way to go in order to clarify what victims will be entitled to at every single stage and what responsibilities each member of the justice system will have.
In my view, clearer information is available to victims at the time of sentencing. Information around the mechanism is also clearer thanks to the ombudsman's involvement at that stage. Clarity around all the other stages leading up to the sentence is necessary. Bear in mind that the right to information dates back to 1989.
Earlier, Ms. Bennett asked a question about funding for resources. If the intention was to improve things for victims through restitution—as you mentioned, Ms. Handy—all the provinces would've had compensation programs long ago. That provision has been in the Criminal Code since 1988, and yet Manitoba is the only province that currently offers such a program. It's still being talked about, and the thinking is that someone who cannot afford it will be the one who has to pay, despite the fact that no compensation program exists. If there really was a will to do something, compensation programs would be set up in every province with the federal government's help. Up until 1993, the federal government funded compensation programs; after that, it stopped. Some territories and provinces, such as Newfoundland and Labrador, have no compensation programs, while others have programs that provide very little in the way of compensation.
When you talk about victims' needs, it's important to understand that only a minority turn to the justice system. Some 10% of sexual assault victims do not file a complaint, and only 25% to 28% of domestic violence victims file a complaint. Other victims need access to services, and compensation programs do not provide them with that. It is not the judges—