Evidence of meeting #37 for Justice and Human Rights in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was information.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Carole Morency  Director General and Senior General Counsel, Criminal Law Policy Section, Policy Sector, Department of Justice
Julie Thompson  Director General, Crime Prevention, Corrections, Criminal Justice and Aboriginal Policing Policy Directorate, Department of Public Safety and Emergency Preparedness
Ian Broom  Director General, Policy and Operations, Parole Board of Canada
Stéphanie Bouchard  Senior Legal Counsel and Director, Policy Centre for Victim Issues, Criminal Law Policy Section, Department of Justice
Heidi Illingworth  Ombudsman, Office of the Federal Ombudsman for Victims of Crime

12:50 p.m.

Liberal

The Chair Liberal Iqra Khalid

Thank you very much, Mr. Garrison.

We'll now go to Mr. Cooper, please, for three minutes.

12:50 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Thank you, Madam Chair.

Thank you, Ms. Illingworth, for making yourself available today.

I want to ask you two questions regarding the rights of victims in the context of parole board hearings. The first is in the COVID context. Early in the pandemic, back in April of 2020, you wrote to the chair of the Parole Board of Canada that victims were being denied their right to participate in person at parole hearings. They were told that they could just submit a written statement, and all the while offenders, in certain instances, had assistance present in person. I see that since then, more recently, the Parole Board of Canada has set up a piloting video conference solution. Are you concerned that victims are still being denied their rights due to COVID-related concerns, or are you satisfied that this has largely been addressed or completely addressed by the Parole Board?

Second of all, on a non-COVID-related matter, there's concern from many victims about the lack of transparency with respect to information regarding dates with regard to eligibility for such things as temporary absences, parole, or statutory releases. In particular, there's just a lack of explanation as to how those dates have been arrived at. As a result, in many instances victims have been caught off guard. All of a sudden there's a hearing that they had no idea was about to happen. Obviously, it can have a profound impact on vulnerable victims.

12:50 p.m.

Ombudsman, Office of the Federal Ombudsman for Victims of Crime

Heidi Illingworth

First, yes, the problem of victims not being able to attend physically has been addressed, for the most part, with the ability to participate through teleconference or video conference during the pandemic. It took a little while to get going, but it has been up and running now for over a year or just around the year mark. Participation is actually up. We think this is positive and should remain as an option for victims of crime, because people are feeling safer, I think, participating from home. Their travel is not involved. Applying to the fund to access funds to travel—all of that has been eliminated. It's actually quite efficient to participate from home.

So I think that's a good thing. It must continue after the pandemic. Victims need choices. Yes, some will want to attend physically in person at the prison, but many don't want to do that. They don't feel safe to do that. The video conference and teleconference options are very important.

With regard to eligibility dates, that is a challenge that corrections and parole have in terms of delivering information that victims can understand. The sentence calculation process is very complex. I know that right now the national office is working on some information to help decipher this and make it more plain-language for victims about how eligibility dates are calculated and things like that. When you do register as a victim with Corrections Canada and the Parole Board, you are provided the dates for your offender at that time on when they will be eligible to apply for day parole and passes.

12:55 p.m.

Liberal

The Chair Liberal Iqra Khalid

Thank you very much.

Thank you, Mr. Cooper.

Lastly, we'll go to Mr. Maloney for three minutes.

12:55 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Thank you, Madam Chair.

Ms. Illingworth, thank you for being here today, particularly given the important conflicts you have. We're all very grateful.

If I am the victim of an assault, it's obvious that I get the benefit of the rights in this act. If I am the teenaged child of a victim of assault, I meet the definition of “victim” and am I entitled to the enumerated rights in the act.

What is not clear to me is whether or not I am entitled to the benefits of the rights in the act if I am the teenaged child of the perpetrator of that assault.

12:55 p.m.

Ombudsman, Office of the Federal Ombudsman for Victims of Crime

Heidi Illingworth

My assessment would be that you are not.

12:55 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

That's what I thought. I posed this question to the earlier panel and they weren't clear on it.

You said earlier that the two important characteristics of victims, particularly if they're children, are security issues, financial instability, and—I think you added—emotional challenges.

Those same problems are experienced by a teenaged child of somebody who's committed a crime and whose parent may be in prison for a long term. Wouldn't you agree with that?

12:55 p.m.

Ombudsman, Office of the Federal Ombudsman for Victims of Crime

12:55 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Therefore, in your opinion, would it be fair to add children or family members of people who have committed crimes to the definition of “victim” under the act?

12:55 p.m.

Ombudsman, Office of the Federal Ombudsman for Victims of Crime

Heidi Illingworth

We'd have to think carefully about that and about how to do that. Certainly there are harms that result from a parent being incarcerated.

I'm not sure if I know the answer to that or how to add that to the act in a way that wouldn't be offensive to the people who are harmed by the act of the offender directly. Do you know what I'm saying?

June 3rd, 2021 / 12:55 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

I completely agree with you and I share your concern.

I'm thinking particularly of children. There are many children—and there's no other way of looking at it—who are innocent victims when their parent has committed an act. Now they are left in circumstances and, through no fault of their own, they have to live with the stigma and the problems, whether they are emotional or financial.

I think it would serve two purposes. First, it would help those children and give them the services we're talking about for victims. Also, it would also help break the cycle. Often you'll see that children who have parents who have been incarcerated are more disposed to committing crimes themselves.

I'm running out of time, but I appreciate your opinion. I'm grateful you agree with me.

Thank you, Madam Chair.

12:55 p.m.

Liberal

The Chair Liberal Iqra Khalid

Thank you very much.

I love it that Mr. Maloney times himself.

Thank you, Ms. Illingworth, for your time today, for your very compelling testimony and for answering questions from members on this very important topic.

With that, members, I will adjourn this meeting until next time.