Evidence of meeting #48 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-16.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Colin Carrie  As an Individual
Freeman  Victim Rights Advocate, As an Individual
Irfan  Acting Director General, Policy, Planning and Operations, Parole Board of Canada
Gagnon  Assistant Commissioner, Public Affairs, Culture and Engagement, Correctional Service of Canada
Wallace-Capretta  Acting Director, Crime Prevention Branch, Department of Public Safety and Emergency Preparedness

5 p.m.

Liberal

Sima Acan Liberal Oakville West, ON

Thank you very much.

5 p.m.

As an Individual

Dr. Colin Carrie

Maybe I can add a couple of things too.

First of all, thank you for the question, because it is a non-partisan issue. All of us around the table....

For 21 years, I listened to people and came here and did my best to make that voice heard, and we've done that. What I'm really proud of is that I can sit here and look at different parties and see that this is how Parliament should work. We've come together. We can agree on it. A very simple change that we can do as elected members will make a huge difference in victims' rights and the rights of victims' families.

However, what frustrates me is the process. We were done in the Senate, and then the election was called. If what Senator Pate said was true, they could have put this in and made the changes without having the elected members say, “Do it.” This is the challenge we have today: If we don't make this an issue, I don't think it's going to be done until we follow it through.

I find it so important that we can come together as a Parliament and make a small change that will make such a big difference, so I thank everyone around the table for passing it unanimously.

5 p.m.

Conservative

Mel Arnold Conservative Kamloops—Shuswap—Central Rockies, BC

This is a very short bill—10 words—and it is simply asking that an explanation be provided to the victims. We can confer with Ms. Freeman, but I believe the big question for victims is often, “Why?”

The question leaves so much emptiness, and if we can help provide an explanation and fill that emptiness, this is one small part that we can do as legislators.

I'm not sure whether Ms. Freeman might confirm that this is the biggest question.

5 p.m.

Victim Rights Advocate, As an Individual

Lisa Freeman

That's absolutely correct.

When the killer of my father was sentenced way back in 1992, we were handed a certificate of conviction that said it meant life in prison for 25 years. That was it. Foolishly, my sisters, our mom and I thought that it meant 25 years before any movement in parole. That's not the case.

This is what I'm speaking to regarding transparency and truth in sentencing and letting people know. No one signed up for this, but if you participate in it, this is what you're going to be dealing with. It's very important to give people knowledge so that they can either opt out of being part of the process or they can prepare themselves better to get through it the best they can and find their supports and whatever tools they can find to help them through this very difficult journey.

5 p.m.

Liberal

Sima Acan Liberal Oakville West, ON

Thank you so much.

Currently, in the Corrections and Conditional Release Act, the commissioners use their judgment to withhold information from victims that they deem would have a negative impact on the safety of the public.

Could you describe, from your perspective, how this is applied? In your opinion, what factors would the commissioner typically consider when determining whether disclosing information could have a negative impact?

5 p.m.

Victim Rights Advocate, As an Individual

Lisa Freeman

To start with, you have to sign up to register to be a victim of crime. As I said, I have two younger sisters. Neither of them is registered as a victim of crime, because this is a route they chose not to go down. I am a registered victim of crime because that was the only way I was able to get any information about the offender and the parole process way back in 2011 when I had to register. It was my informed decision to go down this path.

I have spoken to multiple hundreds, if not thousands, of victims of crime across this country over the last two decades, and there's not one of them who's registered who has ever said, “That's too much information. It's too much. I don't want to know it.” That's because they all want to know. They're registered for that reason.

5 p.m.

Liberal

Sima Acan Liberal Oakville West, ON

Do we still have time, Mr. Chair?

5 p.m.

Liberal

The Chair Liberal Jean-Yves Duclos

Thank you, MP Acan, for being concise.

Mrs. DeBellefeuille, you have the floor for six minutes.

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Thank you, Mr. Chair.

Ms. Freeman, thank you very much for your testimony.

Honestly, this is stirring up memories for me, because I, too, lost a loved one, a victim of a violent murder about 20 years ago. The murderer died in custody. I can't even imagine running into him at the grocery store or in town without knowing ahead of time that he's there, because the death of my loved one was so violent and difficult for everyone in my family.

Thank you for being here. I know 14 years is a long time for you, and you're hoping for quick decisions. When you are suffering and you know what the solutions are, waiting for common sense to prevail is hard. You will see today that the Bloc Québécois is supporting this bill.

That said, I do have some questions. I wonder if it wouldn't be better for victims to automatically receive information from the system and to be able to opt out if they so choose, because I think some victims don't know their rights. They don't think about fighting for their rights and may find themselves in some pretty difficult situations. I wonder why victims wouldn't be automatically registered to automatically receive information rather than having the burden of requesting it and fighting to receive it.

The expression “at the request of a victim” often comes up in the bill. I think it should be the other way around, that the victim should receive the information and they could opt out if they don't want it. At the very least, they should be able to access the information without having to request it and without having to fight to receive it within a time frame they deem useful for them.

5:05 p.m.

Victim Rights Advocate, As an Individual

Lisa Freeman

First of all, I want to say condolences on your loss.

Thank you for your question. That's a very good question.

I said multiple times through my remarks that victims of crime already have enough to carry, and the system puts more on us. With regard to putting the onus on us to ask for notifications for everything else, you make a good point that it should be automatic, with the option to opt out. The only thing I caution is that sometimes victims of crime may not be ready at first for the information, so they may opt out, but as the years go by, they might want to opt in, so to speak. That would have to be figured out.

It is a very good point, because the onus to do anything should never be on a victim of crime. As I've said, picture in your mind somebody just handing you more stuff to carry through the years. That's what happens with the onus on us to ask, to chase, to beg and to plead for the basic things that victims of crime should have automatically.

I appreciate that question. Thank you.

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Mr. Carrie, Mr. Arnold, as you know, to get a consensus on your bill, you had to lower your expectations so the bill would be made tougher. It is true the Parole Board doesn't have any obligations under the bill. However, the bill indicates that it is desirable for the Parole Board to inform you—it's not very regulated—to ensure that what's in the bill is implemented within a certain time frame.

Bill C‑16 talks about timelines and useful information. Who decides what information is useful? Who sets the timelines and decides whether that information matters to the victims?

Mr. Carrie, with your experience, given all this bureaucracy and analysis, do you really trust that your bill will push the Parole Board to also put the victim at the heart of its decisions when analyzing conditional release applications?

5:05 p.m.

As an Individual

Dr. Colin Carrie

It won't be perfect. When you're dealing with such sensitive issues, the Parole Board has the experience and expertise, and the commissioners do need to have some type of flexibility. This bill is just a small bill, so it's not going to fix all the issues, but it's a step in the right direction.

As it gives the Parole Board a specific direction, this is really like a surgical bill. It's not going to tell them to do everything. However, we are the elected representatives. We've passed it unanimously twice, and I trust that the group here will follow through with that. I believe the Parole Board will respond appropriately.

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Thank you very much.

Mr. Arnold, you have proposed two amendments. I understand they would ensure the bill is consistent with existing laws. Is that correct?

5:10 p.m.

Conservative

Mel Arnold Conservative Kamloops—Shuswap—Central Rockies, BC

The draft amendments have been through legislative counsel and the legislative clerk to ensure they are in order. Really, they are focused on having a timeline on when these measures—either Bill C-16 or Bill C-221—would come into force. That is what the amendments are directed at.

When we saw that the proposals in Bill C-221 were captured in Bill C-16, we thought that was good news. Then we also saw, in section 205 of Bill C-16, that they will only come into force through an order in council; there's no timeline attached. This is the thrust behind the proposed amendments we're looking at.

The Chair Liberal Jean-Yves Duclos

Thank you, Mrs. DeBellefeuille.

Mr. Lloyd, you have the floor for five minutes.

5:10 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

Thank you, Mr. Chair.

Thank you to the witnesses.

It's always good to see you back in Parliament, Dr. Carrie, and to see you, Madame Freeman.

I want to say from the outset that this is the 45th Parliament of Canada and, to all my colleagues on this committee, that if we want the 45th Parliament to be remembered for anything, let's let it be remembered for what we did for victims' rights. This legislation is a small step, but it is a step in the right direction.

There are many private members' bills—including my own, Bill C-236—that are coming forward. I want this to be a Parliament that works. I want this to be a Parliament that's collaborative. If we can get legislation like Bill C-221 passed, it would be incredibly meaningful for victims across this country.

My first question is for Ms. Freeman.

Do you feel as though you're living a life sentence, and do you want to tell us about what that feels like?

5:10 p.m.

Victim Rights Advocate, As an Individual

Lisa Freeman

Thank you for the question.

I have often said that this is my life sentence, but whereas the offender eventually gets paroled, I don't get paroled. I don't have access to day parole from my life.

I don't have anything like that. My dad was murdered when I was 21. My whole adult life has been living this life sentence, which is what I hear over and over again from people, because it has shaped my life completely. I often wonder what my life would be without this event happening, and I can't...because, as I said, it has been my entire adult life. It has become my life sentence, for sure.

5:10 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

Something alluded to by Dr. Carrie is that offenders in this country are granted certain rights and privileges. We have a system that seeks to rehabilitate people, but those offenders are also entitled to have information about when their parole hearings are being held and why they're being held. We have an Office of the Correctional Investigator that can advocate for those prisoners' rights.

What this legislation is basically saying is that you, the victim, who is also serving a life sentence, as you have said, deserve the same right as those offenders to be given an explanation.

For those who think that maybe there's some hidden agenda, I want to read a bit from the summary. It says that this legislation is seeking to ensure that the Corrections and Conditional Release Act provides “information that is disclosed to the victim of an offence regarding eligibility dates and review dates applicable to the offender”.

We're not talking about information that.... It was alluded to that there might be information that is sensitive to public safety. We're literally, in this legislation, just talking about how they came to deciding when the eligibility dates would be and when the dates of those reviews would be. Is it true that there's nothing more in this legislation than this simple change?

5:10 p.m.

Conservative

Mel Arnold Conservative Kamloops—Shuswap—Central Rockies, BC

That's all the bill is—10 words—so that an explanation is provided to the victims. As you said, the criminals get all kinds of opportunities and all kinds of information. It's not just Ms. Freeman, who's here today. Tens of thousands of victims out there are looking for an explanation for that big question of why. There are no hidden agendas in this: Just please explain why.

Thank you.

Dane Lloyd Conservative Parkland, AB

Madame Freeman, do you have any reflections on that?

5:15 p.m.

Victim Rights Advocate, As an Individual

Lisa Freeman

I want to say that over the years I've matured enough not to think that I want all the offender's rights taken away from him. I want the same. I want it evened up as much as it can be. Before, I used to think, "Well, he shouldn't have this and he shouldn't have that.” As I said, I've matured enough to say, “Just give me the same and give the victims of crime across this country the same.” Even it up as best we can, because I've done nothing wrong.

5:15 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

You're absolutely right, and that's completely fair.

Just in the interest of being very thorough with this bill, though, is there any downside to providing victims with this information about the reasons the parole boards and correctional officers determine eligibility dates or review dates? Can you see any possible downside to providing that information to victims?

5:15 p.m.

Victim Rights Advocate, As an Individual

Lisa Freeman

I can't. As I said, knowledge is power. If the provided dates and explanations prompt further questions, so be it. This is not a bad thing.

People need to be held accountable. I'm always going to stand on that side and to refuse to stand still in a system that completely retraumatizes victims of crime over and over again.

The Chair Liberal Jean-Yves Duclos

Thank you, MP Lloyd.

MP Powlowski, you have five minutes, please.

Marcus Powlowski Liberal Thunder Bay—Rainy River, ON

Ms. Freeman, is your dad's murderer currently in custody?