Thank you.
I'm the past president of the Women's Law Association of Ontario.
Since 1919, the WLAO has been dedicated to empowering women in the legal profession by providing a collective voice and advocating for equality, diversity and change. Our members practise in various areas of law, and we draw upon their expertise when we are asked to make submissions.
I have practised family law for over 20 years and represent survivors of family violence. In addition to my work with the WLAO, I am a board member of Legal Aid Ontario and Pro Bono Ontario.
My fellow board member and chair of our advocacy committee couldn't be here today, but she practises criminal law and contributed to these submissions.
I also speak to you from my own personal experience as the child of a survivor of family violence. I spent a significant portion of my childhood witnessing that violence against my mother. I also witnessed my father's struggles with mental illness and addiction and his experience with racism as an immigrant.
By now, you've heard about the challenges and barriers faced by victims of crime and the inadequacy of our current supports for them. It is a gender issue, as most victims of crime are women, and my remarks today, however, will focus on solutions.
In studying the government's obligations to victims of crime, including the vacant position of the federal ombudsman and reviewing the Canadian Victims Bill of Rights, this committee has an opportunity to create transformational change.
What is meant by that change? The WLAO seeks change that is systemic, that aims to alleviate such crime in the first place and truly serve victims and their children. A solution that does not consider the entirety of the issue at hand can be akin to treating the symptoms of the disease and not the cause.
Many societal problems are symptoms of larger systemic issues. For instance, family violence against women is a symptom of patriarchy. In considering solutions, we need to employ a lens that examines society in general and the interactions of the entire justice system broadly alongside individual issues, yet we do need those band-aids to stop the bleeding while we find a cure.
Some of the solutions involve, one, supports to navigate the current system. One of the issues for victims is the lack of information readily available to navigate the justice system and understand core processes. Some ideas to remedy this issue are, one, scale up the services and support offered by victim services and create a voluntary information program, similar to the mandatory information program for family law cases that provides guidance for litigants through the court system. Additional support could include a 24-hour counselling or resource hotline for victims. This could address the limited services that are available in remote and rural communities.
Two, fund counselling for victims, their children and survivors impacted by the crime. When possible, recover the cost of such services from the accused.
Three, utilize and fund provincial legal aid systems so that eligible victims can obtain representation. As an alternative to full representation, four-hour certificates can be given to victims to obtain a lawyer and to learn about the court process and criminal law itself. Additional funding could be given to legal aid programs so that family lawyers could pursue the tort of family violence; I've cited the case Ahluwalia and Ahluwalia. Additional funding can be given to legal aid clinics to assist victims with restitution for other types of cases.
Use technology to scale up services so that communications with victims can be tracked within an organization. For instance, Pro Bono Ontario uses Salesforce software to track calls through to their centre.
Amend sections 6 to 8 of the Canadian Victims Bill of Rights so that the rights enshrined in those provisions do not put the burden on the victim to request information. Victims from historically marginalized groups may not feel comfortable making such requests. In addition, placing this burden on traumatized individuals may not be practical.
Create a federal statute to compensate victims of crime.
Options that allow victims to have some influence on the process is another solution. In our current systems, victims are framed as the object, as opposed to the subject. In order to address the objectification of victims, the following may work. First is the option to be added as a party. Second is allowing the victim to opt for restorative justice for both the accused and the victim. Third is increasing opportunities in the process for restorative justice programs.
Regarding the federal ombudsman, this position should be filled expeditiously, while ensuring a proper search is conducted. That office should be inclusive and diverse.
I have other suggestions for the big-picture, systemic considerations, but I see that I'm at the end of my time.
Thank you.