Good afternoon. Thank you for the opportunity to address the committee as you begin your study on violence against aboriginal women. As requested by the committee, my comments will provide a general overview of the current criminal justice framework regarding violence against women in general.
As the committee knows, responsibility for Canada's criminal justice system is divided between federal and provincial territorial governments. Federally the government is responsible for developing and enacting the criminal law, including the Criminal Code of Canada, and through the Public Prosecution Service of Canada is responsible for the prosecution of criminal offences under federal mandate as well as prosecution of Criminal Code offences in the territories.
The provinces and territories are responsible for the administration of justice. That includes policing, prosecutions, delivery of services to victims of crime, and the administration of courts. The result is a criminal justice system that requires ongoing collaboration and coordination between both levels of government.
Within the Department of Justice of Canada, the nature of our work necessarily requires consideration of the direct and indirect impacts of any contemplated measures and responses addressing violence against women, including consideration of any differential impacts that are based on diversity factors such as gender, race, ethnicity, culture, age, and ability.
Violence against women is a complex issue that affects women's physical and mental heath, well-being, and economic security, and it impacts on their achievement of equality in Canadian society. This impact is compounded for aboriginal women as well as for women of colour, women with disabilities, older women, and poor women. Accordingly, our responses to violence against women are diverse and include legislative, policy, programming, research, as well as public education responses.
Turning to our legislative responses, a comprehensive, strong criminal law framework serves not only to ensure adequate sanctions against such acts of violence when they are committed, but also to prevent or deter the commission of such violence in the first place. The Criminal Code provides a broad range of measures designed to protect all Canadians from violence, including, for example, provisions prohibiting assault, sexual assault, criminal harassment, forcible confinement, trafficking in persons, and murder and manslaughter.
These offences do not differentiate between female or male victims, with perhaps one exception. Section 268, which is the offence of aggravated assault, includes a “for greater certainty” clause that specifies that female genital mutilation constitutes a form of aggravated assault.
Similarly, Criminal Code prohibitions do not differentiate between other types of victims, with the exception of child victims of sexual assault, although the general sexual assault provisions are often used as well when you have a case involving a child victim.
The sentencing principles and objectives of the Criminal Code do, however, recognize the different impact that certain crimes may have upon some victims. It does so by directing sentencing courts to treat specific factors as aggravating circumstances for sentencing purposes, including where the offence was motivated by bias, prejudice, or hate based on specific factors, including race or sex, and where the violence in question was committed against the offender's spouse or common-law partner or against a young person under the age of 18.
As the committee will know, the government's commitment to tackle violent crime continues to strengthen this criminal law framework, particularly with a view to better protect Canadians, including vulnerable groups, against all forms of violence. For example, the Tackling Violent Crime Act, 2008, raised the age of consent to sexual activity to better protect youth against adult sexual predators and enacted more effective sentencing and monitoring measures to prevent dangerous and high-risk offenders from reoffending.
In addition to these substantive protective measures, the Criminal Code also contains numerous provisions to facilitate the testimony of vulnerable victims and witnesses, including complainants in sexual assault, spousal abuse, and criminal harassment cases, who are primarily women.
Testimonial aids such as testifying from behind a screen, through closed circuit TV, or with a support person are available upon application where, based on the surrounding circumstances, including the nature of the offence and any relationship between the victim and the accused, any physical or mental disability, or any other relevant circumstance, the victim would be unable to provide a full and candid account without that testimonial aid.
The department has a number of policy and programming initiatives that also contribute to the overall criminal justice response to violence against women. I would note in particular the Justice-led federal victims strategy, which aims to improve the experience of victims of crime, including women who have experienced violence, in the criminal justice system. Working in close collaboration with the provinces, territories, and key stakeholders, the strategy supports initiatives to identify and respond to the needs and concerns of victims of crime.
An example of related research undertaken by the department's Policy Centre for Victim Issues, which administers the federal victims strategy, is the January 2006 report, “A Review of Research on Criminal Victimization and First Nations, Métis and Inuit Peoples 1990 to 2001”. It's a report that's also in the process of being updated right now.
The Policy Centre for Victim Issues also supported the Centre for Children and Families in the Justice System to develop its 2009 handbook for young victims/witnesses entitled, The Journey to Justice, A Guide to Thinking, Talking and Working as a Team for Young Victims of Crime in Canada's North.
Another relevant example from the federal victims strategy that I would note was its September 2009 conference entitled “Northern Responses and Approaches to Victims of Crime...Building on Strength and Resilience”. This three-day conference brought together over 275 professionals who work with victims of crime in the three territories. It included a number of workshops addressing aboriginal women as vulnerable victims and witnesses.
The other strategy I would note is the Justice-led federal aboriginal justice strategy. It is cost-shared with the provinces and territories. This strategy uses traditional dispute resolution methods to address crime and victimization and currently supports more than 120 community-based justice programs in approximately 400 aboriginal communities across Canada. Through this holistic process, offenders are held accountable and attempts are made to repair the harm suffered by the victim while at the same time restoring relationships between victims, offenders, and communities.
Lastly, I'd like to note two examples of federal-provincial-territorial collaboration on issues of violence against women. These are issues addressing missing women and spousal assault.
The federal-provincial-territorial working group on missing women was established in early 2006 by federal-provincial-territorial deputy ministers to examine the issue of missing women in Canada. The working group, which is co-chaired by British Colombia and Alberta, is focusing on the effective identification, investigation, and prosecution of cases involving serial killers who target persons living a high-risk lifestyle, including those in the sex trade. This work, which is expected to be completed later this year, includes an examination of best practices to enable earlier detection of potential serial murderers as well as strategies to protect potential victims.
The second example I would point to is the 2003 final report of the ad hoc federal-provincial-territorial working group reviewing spousal abuse policies and legislation. The Department of Justice served as the federal co-chair of this review through its partnership in the family violence initiative. This final report provided a comprehensive review of the implementation and status of criminal justice measures adopted in the last twenty years on the issue of spousal abuse, including the pro-charging and pro-prosecution policies adopted by all Canadian jurisdictions in the 1980s.
The review included a consideration of the particular impact of spousal abuse on aboriginal women. In addition to its specific recommendations, the report identified three objectives that should inform future criminal justice responses to spousal abuse: firstly, criminalizing conduct—in this case spousal abuse; secondly, ensuring that the measure promotes the safety and security of the victim; and thirdly, ensuring that the measure maintains confidence in the administration of justice.
In conclusion, we recognize that violence against women is a complex issue and that ensuring a comprehensive and effective criminal justice response to violence against women requires significant collaboration between all levels of government and a range of responses to combat it, including strong criminal laws and policies to prevent its commission and to effectively respond to acts of violence, once committed, to provide victim support, to continue to provide public education, awareness, and professional training.
Thank you.