Good afternoon, members of the committee.
My name is Dolores Mallet, and I am the mother of Yves Albert, who was murdered on March 14, 2002, because of mistaken identity during the bikers' war. Such a tragedy leaves complex sequels. I had to find the strength to continue to live for those I love.
I joined the Association of Families of Persons Assassinated or Disappeared, or AFPAD, when it was created. I have been the president of that association since September 2014. During all the years of my involvement, I was in a position to observe the scope of the concerns and needs of the families of persons who were assassinated or disappeared.
The AFPAD now has 600 member families, and unfortunately, other families will join us. That situation justifies a careful study of the measures to strengthen the rights of victims. I am pleased that Bill C-32 has been tabled, and I must take this opportunity to tell you that when this bill was announced, some members of AFPAD wrote to us to express their enthusiasm The efforts of the legislator and of the various stakeholders who worked to make this bill a reality are welcomed by AFPAD, despite certain concerns.
Some of the amendments proposed to the Criminal Code will meet some of the victims' needs. Nevertheless, AFPAD fears that the enforcement of Bill C-32 will be complex. The provinces have to get involved so that the enforcement of this new act becomes a priority. We hope that appropriate measures will be taken to facilitate the sharing of jurisdictions regarding criminal justice among the various levels of government, provincial or territorial, so as to better help the families of victims of criminal acts. The AFPAD strongly urges provincial governments to follow the federal government's lead and to enforce this new act so as to recognize the rights of victims properly.
Clauses 6 to 8—Information: We are confident that victims will have better access to all information concerning the services and programs they are entitled to, as well as to any relevant information on the offender regarding his release, as well as to the dates, hours and location of proceedings. We are also very much in favour of the fact the the victims will have the right to obtain a photograph of the offender when he is released.
Clauses 9 to 13—Protection: AFPAD is in favour of the provisions contained in clauses 9 to 13, according to which everything will be done to help the victims feel respected and supported, and to avoid that they be subject to intimidation or threatening words or looks when they are present in court, which threats can subject them to very worrisome periods of anguish.
Clauses 16 and 17—Restitution: AFPAD welcomes the provisions in Bill C-32 and the amendments to the Criminal Code regarding restitution. However, in the interest of natural and restorative justice, restitution should always be mandated by an order. If the judge does not order restitution, he or she should explain the grounds for that decision in the judgment.
In our experiences with the families of victims, we have seen that they are impoverished because of the many expenses imposed by the tragedy, for instance funeral arrangements, travel, and having to be absent from work.
It is a good thing that if an offender fails to pay all of the amount that was ordered to be paid at the end of his sentence, the victims may file a claim regarding any amount that remains unpaid in court, as stipulated in section 741.1. In that way, the victims will be able to closely follow the reimbursement.
AFPAD thinks that the new forms that will allow victims to share with the judge their physical, moral, material and economic losses are beneficial. It is also a good thing that the judge may adjourn the proceedings to allow the victims to fill out these statements properly. We think it is relevant that the victims, or even the persons who represent them, be able to submit a drawing, letter, or even a photo to represent the victim before the offence was perpetrated.
We strongly support section 718, which stipulates that the courts will be able to impose a sentence that reflects the severity of the crime and the harm done to the victim, following their statement for the purpose of making the offender feel accountable. We strongly hope that Bill C-32 will make those involved in the justice system more aware of the realities experienced by the victims following the offences, and change attitudes, so that the victims do not feel pushed around or harried during the legal proceedings.
I thank you for your invitation. On behalf of the members of AFPAD, I hope that our recommendations will be heard and taken into account, so that the rights of offenders and those of the families of the victims can be given equal weight. Thank you very much.