Justice Committee on Nov. 6th, 2014

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Some of the things I'd like to see, through my limited knowledge of this process from my background in law enforcement, concern obviously how victims have an opportunity to participate in a number of areas. I like the codification of a lot of the standard practices right now that do happen across the country.

What I'd like to know, primarily from the victims advocacy groups here, is with regard to the victim's right to have access to information, whether it's in relation to the offender's correctional plan, an obligation to provide the victim information about restorative justice and mediation services, and the option of whether or not the victim should have an opportunity to see an updated photo of the offender prior to their release.

I'm wondering if I can hear some thoughts on those particular things and if you can give us any quick examples of where that would be entirely appropriate.

[Joseph Wamback]

I can start initially. I'll keep it brief.

There is no such thing as a standard victim. Everybody is different. They all have different needs. Some individuals have a need to have access to every bit of information about the person who has murdered their child or their loved one. They want to know 25 years later, when they're still serving their life sentence or hoping for some form of release, all the details. Others don't want to know anything.

I think it's incumbent upon the process to allow those victims access to that information and to whatever information is appropriate and available at the time. That could include photographs, the success of the individuals within the correctional services on any programs that they're taking, or recommendations for release at parole boards. Certainly during the trial process and during the sentencing they should have access to as much information as is currently legally available to them.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Yvonne.

[Yvonne Lindfield]

When there's a homicide, when a family member or a loved one is murdered, the police become the lifeline for that family. Having communication between the investigation department, the police, and the surviving family is very, very important. They want as much information as you can give them. They're not looking for information that will compromise the case or any evidence, but they need to feel that they're a part of that.

I think what we've lost sight of, or maybe we've never had sight of, is the fact that, yes, it is a crime against the state, but it's actually a crime against the family that's left behind. You can't intellectualize that away. That's exactly what happens. We really have a vested interest in knowing what is going on without compromising the case. That's all the way through the criminal justice system.

As we said before on the question with regard to plea bargaining, they just want to know. It's a lack of information. Victims of crime do not understand the legal system. It's a different world. It's a different language. They just want to know what it means. Will a plea bargain give them a sentence, and will going to trial perhaps means they will walk? They just need to know that.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Fair enough.

Heidi, do you want to add to that?

[Heidi Illingworth]

I would just echo the comments that have already been made.

I think offering an updated picture of an offender who's about to return to the community—perhaps it's only four years later, but perhaps it's 25 years later for some family members—is a really valuable thing for them. Many still do fear for their own safety. They want a little peace of mind to know what he looks like now. From my experience of going into prisons for parole hearings, I can tell you that they do often very much change from when they're arrested and sentenced. It's particularly valuable, I think, in domestic violence cases, where women are still fearful of their ex-spouse coming back to get them, to fulfill the promises that they made.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Okay. Good.

I'll use the little bit of time I have left—

[The Chair, Conservative, Mike Wallace]

Thirty seconds.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

—to say that as a member of Parliament, I've heard loud and clear from my constituents for many years that they don't view our current justice system as a justice system; they view it as a legal system.

I'm going to make a statement here and see if you agree with it. With the changes that are being proposed in this piece of legislation for a victims bill of rights, have we turned the corner? Can we now say that we're moving from a legal system to finally a justice system? Would you agree with that statement?

[Joseph Wamback]

I've said in my brief that this is a monumental step forward. It's a turning point in the relations that the Canadian people will have with the judicial system in this country. It needs work, and it will always be massaged and manipulated for the next dozen years or more, but it's huge.

I welcome it, and I know that a lot of victims and Canadians welcome it.

[The Chair, Conservative, Mike Wallace]

Thank you. That's your time.

If I did save the best for last, I guess that's you, Joe.

[Voices]

Oh, oh!

[The Chair, Conservative, Mike Wallace]

Thank you very much for your presentations today.

Just for the committee's understanding, we have a break week ahead, a busy Remembrance Day week.

When we're back, on Tuesday, November 18, we'll have another set of witnesses. On November 25, which is the next Tuesday afterwards, we will be dealing with clause-by-clause. My recommendation is that by Friday, November 21, if you have any amendments, please get them into the clerk so that we can get those looked at to see if they're movable.

We've heard everybody's witnesses who were asked, except for the provinces. We heard from one province that said yes; we heard no from two; one is submitting a letter; and from the others, no response. We've tried a number of times, so we're not trying again.

That's what we're doing, just so you know. November 21 is a big day. Make sure you get your amendments in by then.

Thank you very much.

We're adjourned until November 18.