Thank you very much, Mr. Chair. It's nice to see you again, albeit through a different means than last time.
Our priorities in Alberta include promoting safe and secure communities, ensuring adequate access to justice, and, of course, supporting victims first. The rights of victims must not be ignored or compromised. Our position is that Bill C-32 carries the same premise.
In the three years that I've had the privilege of serving in this position, I've met many individuals who've been victimized, all through no fault of their own. Just last week in Edmonton, I was an invited guest of a group of families who had loved ones who had been murdered. While it was a very difficult meeting, it underpinned again to me the need to support these victims first and to continue to provide services to them. On the other side, of course, many victims who I've met have been nothing short of heroic, and you've heard from one of them today: Mr. Sheldon Kennedy.
We applaud the efforts of the federal government to act along the same lines as we believe. To this end, Alberta supports Bill C-32 as it reflects how victims of crime in Alberta have been treated for many years; however, we do have some comments about Bill C-32, which I'll outline in a moment.
Alberta agrees that the rights of victims should play a significant role in the criminal justice system. This is why earlier this year we passed amendments to the Victims of Crime Act to make it easier for victims to access benefits.
Our Victims of Crime Act gives legislative life to these important rights. We have had a compensation program in place since 1969 and will continue this. Since 1997, the Victims of Crime Act has included principles to which all members of the criminal justice system in Alberta must adhere when working with victims. These principles are very similar to those found in Bill C-32.
The robust programs and policies we have in this province make the legislation and its benefits available to victims across the province. On a daily basis, our victim services workers help victims of crime navigate the criminal justice system. In fact, our financial benefits program has assisted many Albertans who have been victimized by serious and violent crime, and we have every intention of continuing to do so.
Now, although we support Bill C-32, we have identified several challenges that may impact our provincial programs and services. It is our desire to make Bill C-32 more workable and, frankly, even better than it already is.
Bill C-32 establishes rights for victims that may create expectations of provincial programs, which could create resource and training impacts. We urge the federal government to make minor adjustments to the bill to ensure that it can be rolled out smoothly in Alberta and have a positive impact on the administration of justice from coast to coast to coast.
Our first concern is the definition of “victim”. The victims bill of rights act defines a victim as “an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission...of an offence”. Bill C-32 amends the definition of victim found in section 2 of the Criminal Code. This amendment significantly broadens the current definition of victim for the purposes of the Criminal Code. This change may have far-reaching impacts on all aspects of the criminal justice system.
Our ask, basically, is that Alberta requires time to consider all of the impacts that this broader definition will have on the criminal justice system. Alberta, like many other jurisdictions, defines “victim” differently in our own provincial legislation. Our Victims of Crime Act defines victims for the purpose of financial benefits as those who are injured physically or psychologically or killed as a result of a crime. The key difference is that our definition in this province does not include those who are victims of economic or property crime.
We have another broader definition of victim for the purposes of victims of crime programs, and it includes all victims who have suffered injury or loss. Victims of crime in this province may apply for financial benefits under the provincial legislation if they have suffered injury. These benefits are not currently available to victims of economic or property crime. Economic or property crime may cause significant injury to individuals, and we are in no way discounting this fact, but rather are indicating that the resources required to move in this direction need to be considered and, of course, where they would come from.
The difference in definitions in the victims bill of rights, our legislation, and the amendment to section 2 of the Criminal Code may be somewhat confusing to victims. One possible solution would be to amend the definition of victims in Bill C-32 to “as defined by the Lieutenant-Governor in Council of the province in which sentencing is occurring”. Another possible solution would be to clarify that “victim” is “as defined by the Lieutenant-Governor in Council of the province in which sentencing is occurring for the purposes of all provincial programs and benefits”.
The second approach would mean that there is no substantive change to the availability of victims' access and all-round rights in Bill C-32, while affirming the rights of various provinces to define “victim” differently for the purposes of their own programs and services, and also to ensure consistency throughout the entire province and ease of understanding by victims.
Again, I recognize that economic or property crimes can cause real injury to victims across the country. That being said, appropriate time is needed before the legislation comes into force to allow victims' services organizations to prepare information and training materials to minimize confusion among victims about available programs and services. Ensuring that victims programs and services are well positioned to educate victims and communicate with them will ensure that the aims and goals of the victims bill of rights are met.
Finally, if the legislation were to continue to define “victims” as including economic or property crimes, we also ask that this matter be brought before the next federal-provincial-territorial meeting of justice ministers to discuss the financial impacts on provinces.
Our second commentary relates to the definition of “community”. Community impact statements added to the Criminal Code by way of Bill C-32 are not necessarily new. While the code was not specifically [Inaudible--Editor] for them, they have been used in many cases in the past. Defining “community” would assist in the implementation of this bill. It would also save valuable court time that would otherwise be spent litigating this definition and determining if a community impact statement were admissible under this provision. If there's no legislative definition, this could result in inconsistent definitions across this country as established by various courts.
As well, the legislation allows individuals to represent the community and to read community impact statements in court. Providing greater legislative guidance to the bill as to who can speak on behalf of a community would again save valuable court time that would otherwise be spent deciding these issues. It would also give community groups, the Crown, and victims certainty in knowing that they can speak on their behalf at sentencing hearings.
Our third concern relates to how complaints at provincial agencies and bodies will impact the current provincial complaint mechanisms and the resources that will be required. It's unclear whether this provision does more than affirm the rights of victims to take advantage of the current existing complaint mechanisms. If this section is meant to do more than affirm already-existing provincial complaint mechanisms, some clarity is required. This section will undoubtedly result in an increase in complaints to provincial bodies and agencies in this province and elsewhere. Some of that is not necessarily bad in and of itself, but we do need to plan for this.
Resources and time will be required to clearly define the complaint process. For example, victims programs and services will need to develop materials and information that will set out the various complaint mechanisms available, including complaints about police agencies and crown prosecutors. It will also have to determine how is best to distribute the information. Alberta's Victims of Crime Act requires the director of victims services to provide information to victims who they feel have not been treated in accordance with our act in order to resolve their concern. Work will have to be done to determine how the victims bill of rights will impact the work of our director when a victim files a complaint.
Finally, Alberta asks that the Government of Canada consider a longer coming-into-force period for this legislation. In addition to the rights granted for the victims bill, it also contains amendments of the evidentiary provisions found in the code. For example, the availability of testimonial aids such as screens during the act of evidence would need to be explained in Alberta to allow them to be accessible as required by this bill.