That is why we believe that a victims bill of rights is essential to clearly set out and recognize victims' rights.
Now, I'd like to turn to the right to information and the right to participation.
When a criminal complaint is filed, the prosecutor immediately becomes party to the process, while the victim takes a back seat. Too often in the past, we have seen victims given little information and left feeling abandoned by the judicial system.
Now, with this bill of rights, victims will be able to obtain information regarding programs available to assist them, information about the process and status of legal proceedings, and information about reviews while the individual is subject to the corrections process.
In addition, the victim will have to be notified of an agreement between the Crown and the defence prior to a guilty plea. It will be possible for victims to present an impact statement and provide their views regarding decisions made, and the authorities will be required to consider them.
Providing a framework for the right to information and the right to participation clearly shows that the judicial system respects victims.
Now, let's discuss the right to security. We know that nearly 90% of sexual assaults are never reported to the police. Fear is one of the factors behind that statistic. Victims are afraid no one will believe them, afraid of the judicial system, afraid their family will abandon them, afraid of retaliation and afraid of facing their attacker again once their sentence is completed.
If we want to increase reporting rates, we must work on mitigating these fears. Supported by the victims bill of rights, we can reduce fear in the following ways.
To help victims overcome their fear of the justice system, it should provide for the right to request testimonial aids, for example, enabling them to testify outside the courtroom so they don't have to see their attacker. Furthermore, on application by the prosecutor, publication bans for victims under 18 years of age should be made mandatory. Cross-examination of witnesses under 18 years of age should also be prohibited.
Victims are afraid of retaliation. The appropriate authorities in the judicial system should provide protection for victims' security and privacy. Orders for judicial interim release should also indicate that the safety and security of victims has been taken into consideration. And victims should have the right to protection from intimidation and retaliation.
When we talk about fear of retaliation and intimidation, we do not need to look very far to find an example of boldness on the part of an alleged attacker. Last May, at the Quebec City courthouse, while an alleged victim spoke with the media, her alleged attacker stood right behind her in an attempt to intimidate her, in full view of the cameras.
Victims are afraid of facing their attacker again. One of the greatest fears faced by victims once they have been through the trial and obtained a guilty verdict is that they will one day face their attacker again after their sentence is completed. The reason is that Quebec's judicial system has long shown that perpetrators are released immediately upon finishing their sentence, regardless of whether or not they have made progress in prison.
Unfortunately, the victim is often faced with this reality even sooner than they expect. Sometimes, victims are just starting to begin the healing process when they learn that their attacker will be out in a few months. It does nothing to help.
We hope one day for a revamping of the release procedures. In the meantime, we applaud the changes proposed by the bill of rights: giving victims access to information about their attacker's progress while in prison; disclosing to victims the date and conditions of release; imposing non-contact or geographic restrictions to protect victims; and showing victims a photograph of the offender prior to completion of the sentence.
The judicial system cannot eliminate all victims' fears. However, by making the system more accessible, by humanizing the process, by reducing the risk of intimidation or retaliation, and by developing guidelines for offender release, the judicial system sends an important message to victims, that their safety is of prime importance to society.
Frank Tremblay will now take over the reading of our brief.