Good afternoon, Mr. Chair, and members of the committee. Thank you for inviting me here today to discuss Bill C-483, an act to amend the Corrections and Conditional Release Act.
I would like to begin by providing you with a very brief overview of our office's mandate. The Office of the Federal Ombudsman for Victims of Crime was created in 2007 to provide a voice for victims at the federal level. We do this by receiving and reviewing complaints from victims, by promoting and facilitating access to federal programs and services for victims of crime, by providing information and referrals, by promoting the basic principles of justice for victims of crime, also by raising awareness among criminal justice personnel and policy-makers about the needs and concerns of victims, and by identifying systemic and emerging issues that negatively impact on victims of crime.
Bill C-483seeks to amend the Corrections and Conditional Release Act to shift the authority of the warden to authorize the escorted temporary absence, or ETA, of an offender convicted of first- or second-degree murder within three years of full parole eligibility to the Parole Board of Canada. At its core, this bill aims to bring a more transparent and inclusive process to victims of crime. I fully support this shift and the benefits it brings to victims.
I think it is also important to acknowledge that Bill C-483 specifically proposes to remove granting authority from one organization and give it to another. In doing so one might question which of the two authorities is in the best position to decide on the offender's progress and ability to reintegrate into the community. My remarks today do not in any way reflect any judgments or suggestions that one of these authorities has a greater capacity to make these decisions. This is not my area of expertise, and I will not speculate on that aspect of this suggested amendment.
Instead, what does concern me, and what I do see as a clear advantage of the amendments proposed in this bill, is the benefit to victims of ultimately having a more transparent, informative, and inclusive process. It is within these parameters that I will provide my comments.
Through our work we have generally found that at a minimum, victims of crime want to be informed, considered, protected, and supported. Given this, it would not be surprising for you to learn that we have heard from a number of victims who are frustrated by the lack of transparency in the warden's process. They find it difficult to understand why someone who has committed a serious crime such as murder could be granted any type of release without a process that informs or involves the victim.
In contrast to parole hearings, victims have little to no role in a warden's board process. To be more specific, parole hearings are a much more informative and inclusive process for victims. Victims have a right to be informed in advance of a pending parole hearing, as well as the option to apply to attend that hearing. Those victims who do attend a hearing are able to bear witness to a reasonably fulsome account of the offender's progress and rehabilitation. Even victims who are unable to attend the hearing still have access to the decision registry, which, while not providing full information about the offender's progress, does outline the reasons why a particular decision to grant or deny parole was taken.
Victims are more fully considered in the parole process in that they are given the opportunity to update their impact statement to respond to and reflect the specific release decision being made. Without this opportunity, wardens' boards may potentially review an outdated and/or less relevant earlier version of their statement. Additionally, within the parole hearing process, victims are able to present, not just submit, an impact statement outlining the harm they have suffered as a result of the crime. While not all victims choose this option, victims who we have spoken to describe this opportunity to share the impact directly with the offender as an important part of their healing journey. Finally, in addition, there are funding supports available to help victims cover some of the expenses associated with attending the hearing.
None of these same channels of information, consideration, and support are available to victims in the case of a warden's board. As such, I would support the amendments in Bill C-483 that require a more transparent, open, and inclusive process for victims.
That being said, while I am pleased to see these enhancements being made for victims of those serving life sentences, Bill C-483 does not address the need for information and meaningful participation for victims where offenders are serving all other types of federal sentences. In these cases, the warden remains the granting authority for ETAs, including non-medical or court-related; unescorted temporary absences; voluntary transfers; and work releases. In practical terms, this means that these important enhancements will only apply to approximately 18% of the offenders currently in the federal system, leaving the victims of the remaining 82% of offenders with a process that does not sufficiently inform or include them.
While it is my job to encourage the Government of Canada to ensure its laws and policies better meet the needs and concerns of victims of crime, I am also aware that the practical implications of broadening Bill C-483to apply to all federal offenders and not just those serving life sentences would undoubtedly be of concern for the Parole Board of Canada and would need to be examined and addressed.
To address this issue, I would recommend that in amending the bill, the committee consider making all authorities responsible for release decisions accountable for providing a transparent and inclusive process for victims, one that ensures the same opportunities and supports that currently exist for victims attending parole hearings.
These changes are important not only as a means of addressing victims' concerns but in strengthening the system overall. We know that procedural fairness is crucial to increasing and maintaining public confidence in the criminal justice system, which means we need a system whereby all participants feel respected, informed, and heard.
In conclusion, I support Bill C-483 in its move to enhance the release-granting process in order to better meet the needs of victims of crime. I also recommend that these amendments should apply to all victims of offenders currently in the federal system, ensuring that all victims are equally able to access a system that better informs, considers, protects, and supports them.
Thank you very much for your time. I would be happy to answer any questions you may have.