Thank you so much.
Victims' rights are not an abstract topic. They have real-life consequences for victims and survivors of crime.
When somebody experiences trauma from violence, they're in one of the most vulnerable moments of their lives and forced to navigate the complexities of a system that can be quick to leave them behind. The crime is deemed to be against the state, rather than the person who was hurt, and most of the rights with legally binding power belong to the accused, who's guaranteed the right to a fair trial, to legal counsel and to be provided with information on the case against them. If these rights aren't respected, a mistrial can be called, because we recognize that there has been a miscarriage of justice. In fact, sections 7 to 14 in the Canadian Charter of Rights and Freedoms lay out these rights for people accused of criminal offences, because as a society, we believe in justice, fairness and due process.
When it comes to victims of crime—and this is so important—the legal onus is reversed. Our legislation states that victims can receive information when they request it, and the only recourse prescribed is to file a complaint.
In a recent study completed by our research centre, we heard from victims and survivors of crime from all across Canada. I have submitted English and French copies of our report to the committee. People shared the real consequences of not being informed, including missing the opportunity to participate in hearings, to be consulted about decisions that affect their lives and, perhaps, most importantly, to share concerns about their personal safety. This is all because they haven't been provided with information they didn't know to ask for, and no one in our current system is responsible or accountable for providing that information.
What can make things worse is that, at the federal level, privacy legislation has been used to justify not informing victims. The federal government believes that this might violate their privacy. That's a real barrier. Instead, if we draw on a person-centred or victim-centred approach, victims of crime need to be invited into conversations about their privacy and about their safety.
According to our former federal ombudsman for victims of crime, who is with us today, information is a gateway right. It's how we access all of the other rights that we're afforded.
If we apply the reasonable person test, we can assume that a reasonable person who has experienced victimization would want to be kept informed of the progress of an investigation and information about services and compensation. They would certainly want to be provided with information about their right to attend a parole hearing or to give information about their personal safety to be taken into consideration. We don't have to make that assumption, because survivors across the country are asking for this to change.
Section 15 of the Canadian Charter of Rights and Freedoms guarantees the equal protection and benefit of the law, and section 28 guarantees gender equality. In the case of gender-based violence, I don't understand how we can have a system that provides predominantly male perpetrators with information about their rights, legal counsel and guaranteed access to information in their cases, while predominantly female victims don't have access to the same rights. They will only be informed if they ask and if they know what to ask, and they might not be consulted about information on their personal safety in the release planning for that offender.
Decolonizing justice starts with recognizing the power imbalance that exists when people take what does not belong to them without consent. Strengthening rights and services for victims of crime is non-partisan, and it's our responsibility in a fair and equal society.
Section 24 of the Canadian Charter of Rights and Freedoms guarantees an accused the ability to bring a challenge in court if their rights have not been respected. Currently, victims of crime are not permitted to bring a challenge in court when their rights are not respected, only to raise a complaint.
This makes the Office of the Federal Ombudsman for Victims of Crime crucially important. While the Office of the Correctional Investigator has a budget of approximately $6 million, with 41 full-time equivalent positions, the victims ombudsman has a budget of just over a million dollars, with 10 to 12 FTEs.
Even a modest increase of two to four FTEs would allow the office to recruit additional expertise to develop policy envelopes that can support systemic reviews. There's a lot of work to do.
I'm thankful to have been invited to the committee today. I do hope the government will follow through.
Thank you for your time.