Justice Committee on March 29th, 2022

[The Chair, Liberal, Randeep Sarai]

We are resuming this meeting, which is meeting number eight of the Standing Committee on Justice and Human Rights.

I have two cue cards. When you're 30 seconds away from the end, I will raise one. When you're out of time—I don't like cutting people off—I just usually ask you to wrap up.

We have several panellists today. We'll have five minutes for each department. After that, you'll go through subsequent rounds of questions from the respective members of the committee. If you've missed something, you can probably add to some of your testimony during the time when the questions are asked.

I will begin by welcoming the Correctional Service of Canada.

[Chad Westmacott, Director General, Community Safety, Corrections and Criminal Justice Directorate, Crime Prevention Branch, Department of Public Safety and Emergency Preparedness]

Thank you, Chair.

My name is Chad Westmacott. I'm the director general of community safety, corrections and criminal justice at Public Safety Canada.

We are pleased to be here today to share with you the work of Public Safety Canada’s portfolio agencies with respect to our work to support the implementation of the Canadian Victims Bill of Rights Act, CVBR.

I’m joined today by my colleagues Ian Broom and Kirstan Gagnon from the Parole Board of Canada and Correctional Service Canada, who also have roles to play in upholding victims' rights under the CVBR.

Public Safety Canada is responsible for the Corrections and Conditional Release Act, which guides CSC and PBC in how federal sentences of two years or more are carried out and gives life to the rights ascribed to victims of federal offenders under the CVBR.

Within Public Safety Canada, the national office for victims is a resource working to improve victims’ interactions with the federal corrections and conditional release system by working closely with Justice Canada and applying a victims' lens during federal correctional policy development, developing information products regarding federal corrections and conditional release, and coordinating with its partners at CSC and PBC. These agencies provide registered victims with information about the federal offender who harmed them, assist victims in submitting impact statements to be considered in decision-making and facilitate victim attendance at parole hearings.

As mentioned earlier, in support of victims’ right to information, the national office for victims and its agency partners have developed a number of information products to ensure that victims are aware of their rights and the services provided to them by the federal government. We continuously strive to improve these products and develop new ones with feedback from victims. For example, we recently launched several information products that explain basic sentence calculation rules for federal offenders, including how eligibility dates for various types of releases are determined. Since 2015, the national office for victims has distributed over 80,000 physical copies of its publications.

The CVBR established a means by which victims can complain directly to federal departments and agencies if they feel their rights have been denied or infringed. Should a victim not be satisfied with the outcome of a complaint, they can contact the office of the federal ombudsman for victims of crime.

To increase transparency of the complaint process, the national office for victims, in collaboration with its portfolio partners, prepares an annual report that compiles standardized information on complaints and how they were resolved in order to monitor new and emerging trends, address any systemic issues in policy and processes and identify opportunities for greater coordination to reduce the administrative burden on victims of crime.

Since the coming into force of the CVBR in 2015, the national office for victims has held four national round tables to discuss with stakeholders the implementation of the CVBR within federal corrections and the conditional release system. Themes raised at these tables were broad ranging. They included accountability, offender reintegration, restorative justice, and outreach and engagement. Importantly, we heard that information is essential for victims to be able to exercise their rights to participation and protection.

In 2020-21, CSC and PBC engaged with over 8,700 registered victims to ensure that they are aware of the services and opportunities available to them. CSC tailors its services at the request of each registered victim, including through their online portal. Each year, CSC’s victims services officers complete close to 40,000 notifications about offender-related events.

The Public Safety portfolio is committed to implementing the CVBR to ensure that victims of federal offenders are treated with compassion and respect, including receiving timely information required to exercise their CVBR rights. To ensure that Canadians know about the services they may be eligible to receive, CSC continues to undertake public awareness campaigns, including specific efforts to collaborate with indigenous, Black and other racialized communities. Victims are also invited to participate in regional victim advisory committees to provide input and advice to corrections and parole authorities.

To further consider victims’ needs in their operations, PBC established a committee on victims. The mandate of this committee is to provide information and insight on matters of policy and programs and to enhance the openness of the board through the timely exchange of information with victims on activities undertaken by the board that impact victims.

We are always seeking to improve and to be responsive to the needs of victims. As such, PS officials continue to review and examine stakeholder suggestions from round tables, as well as the recommendations contained in the federal victim ombudsman’s CVBR progress report.

Thank you for the opportunity to appear before committee today.

[The Chair, Liberal, Randeep Sarai]

Thank you for that.

I'm going to go to the Department of Justice for their presentation for five minutes.

[Matthew Taylor, General Counsel and Director, Criminal Law Policy Section, Department of Justice]

Thank you, Mr. Chair. My colleague, Ms. Bouchard, will deliver our presentation.

Before she does that, I want to alert you and committee members to an additional Justice colleague who is with us, Ms. Susan McDonald, principal researcher, from our research and stats division. She will be able to help answer questions as well.

[Stéphanie Bouchard, Senior Legal Counsel and Director, Policy Centre for Victim Issues, Criminal Law Policy Section, Department of Justice]

Thank you for the opportunity to provide information on Justice Canada's measures that support the implementation of the Canadian Victims Bill of Rights.

Former Bill C-32, an act to enact the Canadian Victims Bill of Rights, came into force in 2015. It gives victims of crime statutory rights to information, protection and participation and to seek restitution at the federal level. The 2015 amendments included related law reforms on testimonial aids, victim impact statements and restitution, and introduced a new community impact statement provision.

As required by the Canadian Victims Bill of Rights, Justice Canada has established a complaint process to address any alleged breaches of victims' rights, and prepares annual reports on this process.

The development of the Canadian Victims Bill of Rights Act was informed by significant input from the provinces, territories and broad public engagement, reflecting the shared responsibility for the criminal justice system. As the committee knows, the federal government is responsible for the development of criminal law and procedure, much of which is set out in the Criminal Code. Provincial and territorial governments are principally responsible for the administration of justice, which includes enforcing and prosecuting offences and providing victims services.

Justice Canada supports work on victims issues through several key initiatives. The department leads the federal victims strategy, which seeks to improve the justice system for victims through funding, law reform and policy initiatives. Since 2015 almost $78 million in federal funding through the victims fund has been invested in provinces and territories to assist them with implementation of the Canadian Victims Bill of Rights and victim-related legislation, and to develop or enhance victims services. For example, funding has been used to support restitution recovery programs, testimonial aids for adult and child victims and witnesses, training on victims' rights, public legal education materials, and building victims services capacity and accessibility.

Justice Canada is also supporting innovative victims service models, such as the family information liaison units. These are culturally grounded and trauma-informed teams that work with family members of missing and murdered indigenous women. Justice Canada funding is also supporting expanded access to independent legal advice for victims and survivors of sexual assault and intimate partner violence.

Criminal Code reforms since 2015 have furthered the implementation of the Canadian Victims Bills of Rights. A few examples include that in 2018, former Bill C-51 amended the Criminal Code to clarify and strengthen Canada’s sexual assault regime, including building on former Bill C-32 by providing a complainant with the right to counsel during a rape-shield provision. In 2019 former Bill C-75 enhanced measures to better protect against and reflect the serious nature of intimate partner violence, and strengthened the victim surcharge provisions.

Most recently, following the adoption of former Bill C-3 in 2021, in order to be eligible for appointment to a provincial superior court, candidates must agree to participate in continuing education on matters related to sexual assault law and social context.

Justice Canada continues to support broad research to identify trends as well as take note of how victims' rights are exercised in the criminal justice system and the impacts of the Canadian Victims Bill of Rights. This research informs our ongoing work.

Information-sharing and awareness-raising play a key role in justice system transformation. To that end, the department continues to support various public legal education opportunities and collaboration with partners. In addition to publishing fact sheets on victims' rights and designing new tools for police and other professionals, Justice Canada hosts the national Victims and Survivors of Crime Week, as well as webinars and knowledge exchanges. The victims week has been a huge success. It brings experts together to discuss ways to make our collective commitments to victims more effective.

Lastly, I would note that the Office of the Federal Ombudsman for Victims of Crime was created in 2007. It is at arm’s length from the federal government. The ombudsman’s mandate is focused on areas of federal jurisdiction. There have been three ombudspersons appointed to date. A new GIC appointment process is currently under way.

In conclusion, I would say that Justice Canada continues to prioritize work to support victims of crime. Implementing the Canadian Victims Bill of Rights is an ongoing process, requiring actions from all levels of government working within their areas of responsibility in relation to victims' issues and victims' rights, and significant collaboration takes place across federal–provincial–territorial networks to ensure that their measures are coordinated.

We look forward to answering any questions you may have.

[The Chair, Liberal, Randeep Sarai]

Thank you.

Now we'll go to our first round of questions, beginning with six-minute rounds, with Mr. Brock.

[Larry Brock, Conservative, Brantford—Brant, ON]

Thank you, Mr. Chair, and thank you to all the witnesses for their participation today and their opening statements. This is going to be very helpful to us in undertaking this particular study.

The focus of my questions in the time that I have allotted will be to justice officials and public safety officials. I won't be addressing anyone in particular, so anyone who is comfortable in answering the questions, please chime in.

I've taken the opportunity of reviewing some of the progress reports that were prepared by the former federal ombudsman, and specifically I took a look at her progress report. I couldn't agree more when she stated that “the adoption of a law in the books is different from its implementation in action.” While putting victims first in every concept...“putting [that] into practice is far more difficult.” The adversarial justice system relegates victims to roles of observers or witnesses in proceedings between state and accused. The Department of Justice acknowledged “that victims often feel 'revictimized' under the current system, and [agree] that major changes are needed to support...rights of victims”.

As a former Crown prosecutor, I have seen first-hand the disconnect in terms of swaying the pendulum between protecting the rights of the accused at the expense of victims and not ensuring that they are properly informed. They have a right to proper information from not only the police but from Crown prosecutors, and to full participation in the process.

Bearing in mind the progress report from the former federal ombudsman, I'd like to know, from a departmental perspective, what changes had been discussed and what changes are about to be implemented to strengthen the Victims Bill of Rights?

[Matthew Taylor]

Maybe I can start with that question.

In terms of one of the earlier comments you made as to the importance of taking what's in the law and then transitioning it to application, we certainly agree with that statement. It's critically important that the laws that are developed be implemented in a comprehensive way. That's the first point.

On the second point, as you know responsibility for victims services is shared across all jurisdictions, so for our part—and my colleagues can speak to that more specifically—through our federal victims strategy and our funding agreements with the provinces and territories, we try to support them in their responsibilities for administering justice and supporting victims.

The third point I would note very quickly. Certainly with this review of the Victims Bill of Rights we're taking note of all suggestions from your committee in terms of reforms that are needed, obviously, paying close attention to the reports of the ombudsmen as well, and using all of that information to support the work we do in providing advice to the government on ways to strengthen responses to victims.

[Larry Brock, Conservative, Brantford—Brant, ON]

Do any other witnesses wish to respond?

[Chad Westmacott]

If I may, Chair, thank you very much.

I have just a few different elements on this one as well. There have been a number of amendments that have been put into place into the CCRA requiring different actions, both from our correctional partners and our parole partners, to ensure that victims have a significant role in the criminal justice system, including receiving the information that they require and opportunities to provide input into the decision-making mechanisms that are in play.

I'd also further like to add about the round tables I mentioned in the speech, which allow an opportunity for victims and victims groups to provide input into public safety and partners in terms of the best way to implement the CVBR. We take those recommendations into account.

Thank you.

[Larry Brock, Conservative, Brantford—Brant, ON]

As a former prosecutor, I always took pride in establishing a trust relationship between the victims of crime and my office as a Crown prosecutor. That view was not always shared by my colleagues. From a departmental perspective, in light of the recommendations regarding training and ongoing education, I know that one of the witnesses who last gave an opening statement spoke about some of the changes that were made in terms of mandatory legal training for our judicial participants.

Are there any recommendations insofar as liaising with the provinces to strengthen the Crown system to ensure that there is mandated training so that there is a consistent level of execution in how we deal with victims of crime, particularly in a domestic context?

[Matthew Taylor]

I think we always try to find ways to support the enhancement of effective criminal justice system responses for victims. Whether that be through the work we do with FPT directors responsible for victims services, through our work with senior criminal justice officials or in collaboration with our federal prosecution service and directors of prosecution services across Canada, there are always those opportunities that we seek to maximize to enhance more effective victims service responses and more meaningful responses for victims—

[The Chair, Liberal, Randeep Sarai]

Thank you, Mr. Taylor.

Thank you, Mr. Brock.

We'll go over to you, Ms. Diab, for six minutes.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Thank you very much, Mr. Chair.

Thank you very much, witnesses. We recognize the important work that all of you do in advancing the rights of victims. This is not a perfect world, and obviously it's one that is usually intense for all parties. On behalf of the victims as well as others who get caught up in the justice system or the correctional system, thank you for everything you do.

I have a couple of questions. The Parole Board of Canada established a victim advisory committee and the Correctional Service of Canada launched an internal victim engagement task team. Can you explain how these initiatives are currently working to provide victims with greater support?

I'll go just a bit further and ask for anything that you can shed on—and it could be a different party answering that—the relationship between the provincial and the territorial and your counterparts in other provinces in relation to victim advisory services or things like this that you support.

Also, in terms of diverse communities, do you have a lens on that? If so, what is it? How do you carry that out for diverse communities, for people who have perhaps a different language from English or French, and a different culture, but also for other communities, like the indigenous communities in my province of Nova Scotia, for example, African Black Nova Scotians and various other diverse communities?

I don't know who to address it to, so thanks. Go ahead.

[Kirstan Gagnon, Assistant Commissioner, Communications and Engagement Sector, Correctional Service of Canada]

I can answer that.

Just to address a few parts of your question, it's really important to us to treat victims of crime, their survivors and their families with courtesy, compassion and respect and to make sure that throughout the criminal justice process and throughout an offender's sentence they have an opportunity for information and to participate in the process. There are a few ways we do that.

We engage with victims through a comprehensive outreach strategy that we put in place a few years ago. That includes outreach to indigenous, Black and other racialized communities, to be able to reach them and make them aware of our services.

Part of getting them to register for information is making them aware of what's available, in addition to the work we do with provinces and territories to reduce any gaps or to streamline any offerings with those provinces and territories. There are some examples of that in British Columbia. For example, when folks apply for victims services, on that form, they have an opportunity to tick a box to also be engaged by the Correctional Service of Canada, so that there's one less step there for them to receive our services as well.

Secondly, I would say that we have regional victim advisory committees in five regions across Canada. These are victims who sit on these committees, in addition to management and others, and they do help us provide and seek advice and get their involvement in the process throughout.

Thirdly, we get ongoing feedback from victims through our victim services officers, who are trained through a trauma-based approach. Our parole officers also receive training on victims so that there's greater alignment.

We also get that feedback through our complaint mechanism. We do have very few complaints that come in through that process; I think last year there were 10 out of 40,000 contacts. The program is doing quite well in terms of receiving that ongoing feedback, but there's always more work to do.

We are also embarking on survey of victims with the Parole Board of Canada to further analyze our services and see if there are additional gaps or things that we can do for victims, both to be able to reach them and to ensure they have what they need to participate in the process.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Thank you.

[Ian Broom, Director General, Policy and Operations, Parole Board of Canada]

To follow on that, from the perspective of the Parole Board of Canada, if I recall correctly, you asked about our PBC committee on victims, so I'd like to provide a little bit on that.

This committee provides information and insight directly to the chairperson on matters of policy and programs, to enhance the openness of the board through the timely exchange of information with victims on activities undertaken by the board that could impact victims.

I'll speak a little bit to outreach. To ensure that victims are included in the conditional release process and are aware of the services available to them, the board regularly delivers outreach sessions across Canada to victim service agencies and to victims themselves. We've also increased our efforts to reach out to racialized and indigenous victims in particular. In 2020-21, the Parole Board participated in approximately 65 victim-related outreach events across the country with community and government partners.

We also have a number of victim-specific communication products that are targeted to victims. For example, we'll be launching a new victim services video next month to provide victims with up-to-date, easily accessible information on how they can participate in the conditional release process and the services available to them.

I just wanted to add those items from the board, Mr. Chair.

[Lena Metlege Diab, Liberal, Halifax West, NS]

Thank you very much.

[The Chair, Liberal, Randeep Sarai]

Thank you, Ms. Diab.

I'll next go to Mr. Fortin for six minutes.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, Mr. Chair.

I thank all the witnesses who are with us today. I know some of them were here in the spring, by the way. So that's double duty for them. I thank them for that. Their participation is always helpful.

I would like to start by addressing Ms. Bouchard, from the Department of Justice.

Ms. Bouchard, I think I discussed this with you in June, but can you tell me how much money is transferred to the provinces for the management of programs for the protection of victims and their rights?

[Stéphanie Bouchard]

Good afternoon.

I was indeed here in June, but this time my colleague Cyndi Fuss, who manages the victims' program, is here with us, and she will be able to give you the information requested.

I'll turn the floor over to her.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you.

[Cyndi Fuss, Manager, Programs Policy, Department of Justice]

Thank you, Ms. Bouchard.

Provinces and territories receive funding under several components, including for the implementation and coordination of victim services, for the implementation of the Canadian Victims Bill of Rights, as well as for support to Family Information Liaison Units. These units assist families of missing and murdered indigenous women and girls. They also receive funding for legal advice relating to victims of sexual assault and intimate partner violence.

Since 2015, we have provided $38 million to provinces and territories to implement and improve victim services—

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Ms. Fuss, I'm sorry to interrupt you.

I understand it's $38 million for all provinces and territories, but did you break it down by province?

[Katherine Cole]

No, but I can certainly send you that information.