Honourable Chair and members of the committee, I want to start by thanking Bret McCann for honouring his parents, Lyle and Marie, and for bringing this forward to Parliament. I want to thank MP Dane Lloyd for listening and taking action.
We're on the traditional, unceded, unsurrendered territory of the Algonquin Anishinabe nation. The ongoing crisis of missing and murdered indigenous women, girls and 2SLGBTQQIA+ people reminds us of the devastating collective impact of unresolved loss on families and communities and the disproportionate impact of violence on indigenous peoples.
The Office of the Federal Ombudsperson for Victims of Crime is an independent federal resource for victims and survivors operating at arm's length from the Department of Justice. Our work is grounded in the Canadian Victims Bill of Rights, a quasi-constitutional law establishing rights to respect, timely justice, information, protection and participation and the right to seek restitution and to file a complaint when those rights are denied.
For families whose loved ones' remains have never been recovered, the harm does not end with a conviction or sentence. They are denied the opportunity to bring their loved one home, lay them to rest, hold ceremony and say goodbye.
When an offender has information that could help locate a victim's remains but deliberately refuses to disclose it, that refusal causes ongoing harm distinct from the homicide itself. It allows the offender to retain control of information of profound importance to the family, prolonging uncertainty and suffering.
Research on intimate partner femicide illustrates how concealment can extend coercive control beyond a woman's death, including over surviving family members.
International human rights law also recognizes that a state's failure to inform families of the location of a deceased person's body may constitute a separate violation of their human rights.
Bill C-236 offers a legislative response to continuing harm. Importantly, its provisions require a finding that an offender possesses information but refuses to provide it. Judicial discretion and independent parole decision-making remain important safeguards.
The legislation cannot guarantee disclosure or recovery of the victim's remains, but it increases the possibility.
I offer three recommendations to strengthen the implementation and protect victims' rights.
First, ensure transparency in parole decisions. I recommend amending the Corrections and Conditional Release Act to require the parole board to explain in its written reasons whether an offender's refusal to disclose the location of remains influenced its decision and how. This information should be accessible to registered victims through the existing decision registry.
Second, ensure victims can participate in revocation proceedings. I recommend amending proposed Criminal Code subsection 743.6(1.4) to require advance notice when a court is asked to revoke an order delaying parole eligibility and to provide affected victims with an opportunity to submit a victim statement before the court decides. Victims should have a voice in these proceedings without bearing responsibility for the outcome.
Third, ensure families are informed of developments in the search for remains. I recommend establishing a notification protocol between Correctional Service Canada and investigating police. When an offender provides information that leads to investigative action or recovery of remains, whenever possible, families should be informed by investigating authorities before those developments become public.
Implementation must be trauma-informed and culturally responsive. New information can bring hope, grief and renewed uncertainty, and families deserve compassionate and accurate communication.
For indigenous families, recovery and return of remains can hold profound cultural and spiritual significance, and I encourage the committee to hear directly from indigenous families, organizations and MMIWG2S+ advocates.
I also acknowledge families whose loved ones remain missing or whose cases are unresolved. Although Bill C-236 addresses circumstances following conviction, these families also deserve information, participation and culturally appropriate support in their pursuit of truth and justice.
To close, Bill C-236 advances objectives consistent with the Canadian Victims Bill of Rights, including the right to respect, courtesy, compassion and fairness. We need tools to protect families from further victimization when information is deliberately withheld.
For many families, justice is also about bringing a loved one home.
Thank you.
