Justice Committee on March 29th, 2022

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

My understanding comes from testimony in June of 2021. The then-federal ombudsman said that:

Critically, what we hear from victims.... The largest gap in the bill in its current form is that there's no ability to enforce the rights within the act.

Can you suggest what can or should be done to ensure that the rights outlined in Bill C-32 are enforced, while continuing to respect the rights of the accused, of course, and of convicted offenders?

[Matthew Taylor]

Maybe I can start, Ms. Findlay. That is a very good question, and we know it's one that's been talked about for many years.

Our colleagues have already talked about the complaints processes that have been established to address concerns that rights are not being implemented at the federal level. There are corresponding processes in place with provincial partners, provincial victims service agencies and prosecution services.

As the VBR makes clear, it's not meant to take away any pre-existing rights that victims might have to commence, for example, civil proceedings where wrongs have been alleged.

I'll stop there because I know I don't have a lot of time.

[The Chair, Liberal, Randeep Sarai]

Thank you, Taylor.

Thank you, Ms. Findlay.

Next, for five minutes, we will move to Mr. Zuberi, please.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

I'd like to thank all the officials for being here and taking the time to discuss this very important issue.

I'd like to touch upon diversity and inclusion for a few moments.

When it comes to newly landed communities in Canada, are there outreach efforts being made to help them access supports, in particular for those who haven't yet mastered one of the official languages and who are still maybe using another language? Are there outreach efforts to connect with those communities, and if so, can you describe what those are?

[Matthew Taylor]

Maybe I'll start again.

Again, one of the challenges with this area is the shared responsibility. As you know, different levels of government are responsible for supporting the implementation of victims services.

Federally, on the justice side—and you've heard from our colleagues on the public safety side—we try to make information available in different languages to support victims who may not speak English or French. Primarily, we would seek to work with community organizations and our provincial and territorial partners to address those important needs, as you've identified.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

Just to follow up quickly, do community organizations then have people who can communicate in languages other than English and French, just to access those who are living within Canada, to help them navigate the system?

[Matthew Taylor]

I think we would have to get back to you with more specific information on the community organizations that we support, and the types of services that they provide in other official languages.

[Susan McDonald]

Sorry, can I just jump in very quickly?

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

Please, go ahead.

[Susan McDonald]

We do have a victims services directory, and it includes information on languages spoken and whether there are particular populations.

We see this particularly in instances of family violence where there is a very good network of shelters but also community organizations that will work with victims. Whether it is a female in an intimate partner violence situation, or a case of violence against the children, we'll work with them and strive to work with them in their own language to understand the particular dynamics and culture from which they come.

You may know that in Ottawa, about a year ago, a shelter opened up specifically for Muslim women. It's the first of its kind in Ottawa, and by all accounts it's been very successful, both in terms of providing information and also actual service through the shelter.

[Sameer Zuberi, Liberal, Pierrefonds—Dollard, QC]

That's excellent to hear, and reassuring.

While I personally feel strongly that all in Canada should learn at least one if not both of the official languages, the reality is that not everybody has that capacity when they land here. It takes some time. It's good to hear that it is clearly a partial focus.

Continuing on that theme, I'd like to move into trauma and those victims who have suffered some form of trauma. Are there supports for them that are culturally sensitive or that nuance the various different cultural communities within Canada or life experiences? Can you elaborate a bit more about that?

[Susan McDonald]

I can jump in.

Again, using the example of family violence, I think they're very culturally appropriate. This is not just for immigrants, we also see this with people who are living in Canada who practise a different faith or feel more comfortable with people speaking their mother tongue, for example, as well as indigenous people. I've used the example of family violence, but we also see it in other gender-based violence situations, such as sexual assault, criminal harassment, where there has been a lot of work done in at least the last decade in terms of expanding the provision of services to very specific minority groups.

I know that when provinces and territories apply for their funding—and my colleague, Cyndi Fuss, can elaborate on this if you—they focus on underserved victims and victims from minority groups, so in terms of language, race or religion. These are being supported.

[The Chair, Liberal, Randeep Sarai]

Thank you.

Now for two and a half minutes we go to Mr. Fortin.

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

Thank you, Mr. Chair.

I will address the representatives of the Department of Public Safety and Emergency Preparedness.

Mr. Westmacott or Ms. Wallace-Capretta, I would like to come back to the issue of restorative measures.

What is being done in our penitentiaries, currently, to go further?

Have you thought of any other measures that might increase offenders' awareness of the impact of their crimes on victims?

[Chad Westmacott]

I'm going to turn to my colleague, Kirstan, for a response on this one.

[Kirstan Gagnon]

I think the parole officers play a role, whether it be in the community or the institution, in working with the offenders. They are one of our referral agents for restorative opportunities and that philosophy behind how we work with inmates. That includes dynamic security and working through issues within the institutions.

I'll turn it over to Katherine quickly to add some detail.

[Katherine Cole]

Every offender from their intake works on a correctional plan that they work through during the course of their sentence, which outlines various programs and options for rehabilitation. Those programs are meant to treat criminogenic factors. Rehabilitation takes more than that. That includes accountability and recognition of their crime.

Restorative opportunities is a specific program for those victims and offenders who would like to take part in it. It does have very impactful outcomes. Rehabilitation is something that every offender—and every offender is supported to do so—is working through throughout the course of their sentence.

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

Thank you.

Ms. Gagnon, are victims aware of the different restorative programs that offenders participate in and the impact that this may have?

[The Chair, Liberal, Randeep Sarai]

Very briefly.

[Kirstan Gagnon]

If they request this type of information, we provide it to them.

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

So that's all there is. There are no automatic steps taken to keep victims informed of outcomes related to restorative measures.

Did I understand correctly?

[Kirstan Gagnon]

Offenders all have access to an inmate handbook in every institution. There's information available to inmates about restorative justice. Victims are also informed, which was in addition to the CVBR. Victims are all informed as well about restorative justice and our restorative opportunities program through our victim services officers. For our program we get referrals from both offenders and victims.

[The Chair, Liberal, Randeep Sarai]

Thank you, Ms. Cole.

Now for two and a half minutes we go to Mr. Garrison, please.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Thank you very much, Mr. Chair.

As I've given notice of motion today to deal with another matter, I'm prepared to forgo my two and a half minutes here, as this study will be ongoing, so we have time to get to my motion. If the committee will indulge me, I have a little bit of a preamble to the motion. Thank you.

[The Chair, Liberal, Randeep Sarai]

Yes. Go ahead.