Good afternoon everyone. Thank you for having us.
My name is Frank Tremblay, and I am the vice-president of VASAM.
Continuing with our presentation, I will speak to the issue of restitution orders.
In cases of sexual assault, society often thinks that the damage is only psychological. By all accounts, there is always psychological damage, and it varies widely from one victim to another. However, the aspect of financial damage is rarely addressed. The community probably believes, wrongly, that financial damage is minimal, because victims have access to the same services that attackers do. Here are some consequences of sexual assault that can have a financial impact: loss of productivity at work, occasionally followed by loss of employment; marital problems, often leading to separation; high consulting fees for health professionals; problems with alcohol and drug addiction, gaming and prescription drug use; health problems; and sexually transmitted diseases.
With the bill of rights, victims will now be able to apply for restitution. Compensation is not intended to make victims wealthier but, rather, to assist them in coping with their ordeal.
We would like to underscore two very important points for us. First, if the judge does not award restitution, the reasons should be clearly set out in the file. Second, judges must not take into consideration the attacker's ability to pay. We believe that these points are critical in order to guarantee staying power for this section and prevent certain judges from wriggling out of it for spurious reasons, somewhat like the current situation with the victim surcharge.
We firmly believe that reparation automatically involves restitution. By doing this, we also reduce the cost to society of providing services to victims, because those who caused the damage will be responsible for reducing the effects of their behaviour, in accordance with the polluter-pay principle.
We would like to comment on clause 52(1) of Bill C-32, which replaces subsection 4(2) of the Canada Evidence Act so that it reads as follows: “No person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused.”
Statistics show that, in 27% of sexual assault cases, the perpetrator is a spouse or ex-spouse. As a result, in 27% of cases, the woman cannot testify on behalf of the victim, who is usually a child. It is sometimes true that the woman—or, conversely, the man—is unaware of the acts committed. However, it is also sometimes true that the mother is aware of the act and does not assist her child. How often do children ask their mother for help and the mother refuses to act, by downplaying the behaviour or refusing to see the truth? We believe that the change to this section will benefit victims.
Times have changed, and we believe that if a mother refuses to testify, she is, to some extent, complicit in the spouse's actions. One question remains to be answered: if the law did not exist, what would the statistics be for crimes committed by a spouse?
Let us now turn to the notion of the right to a reasonable timeframe.
Despite all the positive aspects of this bill, we would like to suggest an additional section. The victims bill of rights should include a section entitled “Right to a reasonable timeframe”. We know that the judicial process can take three to seven years and that hearings are often postponed, which is discouraging to victims. The process takes much too long for victims, who must start their process of healing but not forget what they went through. We believe that a reasonable timeframe would be between one and one-and-a-half years, at most.
We cannot forget that we are working with human beings. We believe there should be a mechanism for speeding up cases involving crimes against people. The longer we wait to hear these cases, the greater the impact on the victims, and the longer and more costly the healing process.
In conclusion, we congratulate the federal government for its leadership and thank it for its work over the past few years towards better protecting victims. Whether it is increasing the sentences for pedophiles or proposing a victims bill of rights, you have shown great consideration for victims. We believe the Quebec government should look to your leadership in victim assistance, particularly on the statute of limitations issue.
Yet again today, with this bill, you are sending a clear message to victims: “Report your attacker and we will support you. The support will take the form of a system that will enable you to participate in the judicial process; inform you of your rights; make it easier for you to testify at trial; protect you not only during your testimony, but also once your attacker has been released; and consider compensating you for your financial loss.”
We want to reiterate our unconditional support for Bill C-32. We must always bear in mind that the proposed bill does not deal with property crimes, but crimes against people. If it were a stolen car or bike, or a break-in, the solution would be simple: pay to repair or replace the items. In the case of a victim of sexual assault, the solution is not so simple and quick. Often, years can go by before victims open up about what happened to them and start talking about it. Then, with assistance, they can begin a healing process that may take their entire lives.
We must remember that, behind all victims, there is a painful history with wounds and traumas that will always impact their lives and the people around them. With Bill C-32, we must assist and protect victims. The greater the protection we provide, the more likely victims will be to denounce their attackers, and this will make our streets and communities safer places to be.