Thank you, Mr. Chair.
The Association des familles de personnes assassinées ou disparues is a non-profit organization with activities throughout Quebec. Its core mission is to break the isolation of victims' families by offering various resources and tools to help them rebuild their lives. The AFPAD's core mandate is to assist and support families affected by a homicide or a disappearance with an apparent criminal cause.
Since 2005, we have helped hundreds of individuals affected by a homicide or tragedy, right across Quebec, and helped them receive moral, psychological and legal support after the tragedy, so that they can cope with their loss and resume the course of their life.
The AFPAD wishes to thank the Standing Committee on Legal and Constitutional Affairs for the opportunity to submit our point of view. Making this presentation is very important to the AFPAD, to engage legislators about the fate of victims of crime so that they may in turn broaden the scope of this bill in the interest of victim safety, which is unfortunately severely weakened by the changes proposed therein.
Victims are often forgotten when legislative changes are made. It is not our intention to address all of the points today, but we want to draw your attention to two major points, the first being that we commend and approve the addition of the definition of “intimate partner” to section 2 of the Criminal Code of Canada.
Proposed subclauses 227(3) and 227(6), which amend section 515, introduce what we consider a major change by reversing the burden of proof in conditional release applications when an offender is charged with this type of offence. However, this provision applies only to a repeat offender previously convicted of an offence against an intimate partner. We are very concerned about the concept of a repeat offence, because many of our families have lost a loved one who was killed by an intimate partner, without this necessarily being a repeat offence. Violence between intimate partners is a tricky situation and is often kept quiet and overlooked, which should incite legislators to exercise greater caution toward potential victims and to take political and legal action. What is the opposite of protecting a life? An attacker's choice. This overly cautious interpretation involving repeat offences comes too late in the victim protection process. Those same victims are entitled to the protection established by the Canadian Victims Bill of Rights, so they must claim it. The concept of a repeat offender must be removed to achieve the worthy goal of protecting victims.
The second point that seems important to us is the bill's intent to modernize practices and procedures with regard to interim release. Bill C-75 proposes several changes aimed at modernizing practices and procedures around interim release. The bill reorganizes several provisions and modifies certain procedures to facilitate the quick release of persons charged under the least restrictive conditions according to the circumstances. We do not agree with these principles, which jeopardize the protection of victims. Can you name a single defendant or accused who would admit to the judge that they do not intend to comply with the conditions, however restrictive they are?
The will to reduce delays and administer justice as expeditiously as possible imperils the protection of victims. We are disappointed to see that legislators failed to take the opportunity to protect victims. It seems that the right of the alleged aggressors overrides the protection and safeguarding of a life and the rights granted by the Canadian Victims Bill of Rights. How do you intend to protect these vulnerable victims who are further exposed by this concept of quick release under the least possible constraints? I am worried today, because these victims, unfortunately, did not get a second chance.