Mr. Speaker, I am pleased to participate in the debate on this Reform motion concerning victims rights put forward by the member for Fraser Valley West.
The point of the motion is very basic. We are asking the Liberal government to commit to draw up a victims bill of rights. The motion asks the government to direct the Standing Committee on Justice and Legal Affairs to draft a victims bill of rights. In areas of provincial jurisdiction the Minister of Justice should consult with the provinces to arrive at a national standard. It is long past time that victims rights be recognized.
As a Reform member of Parliament I am proud to say that the Reform Party is the only party fighting for victims rights in the House. At the same time I am pleased that the Minister of Justice has agreed to support the motion. However, it is not enough to support the motion in principle. Policies must be followed up with actions. The government has been notorious for its promises, but its ability to follow through on the promises has left a lot to be desired. The GST comes to mind.
This is the third debate on victims rights in the House since the last election and Canadians are still waiting for a bill to come forward. We have heard a lot of rhetoric, but victims need far more than rhetoric. Principles carry little weight unless they are put into action. We need a victims bill of rights and I hope that the government will not keep victims waiting for much longer.
Canadians want a system that is fair, just and compassionate. Canadians expect this from a justice system that currently recognizes the rights of the criminal but refuses to entrench the rights of the victim in legislation.
Our justice system is meant to serve all in society. At present it serves just the criminals. There are three parts to a justice system: the law, the criminals and the victims. Somewhere along the line the victims have been left out of the equation. Victims have been neglected by the system to the point where they are the last ones to be consulted or considered and now they are going to be the last to be recognized legally.
The focus of our justice system has been primarily on the criminal. The victim has been shoved to the side and it is time that we realigned our priorities so that victims rights are first and foremost. The victim simply must come first.
In my constituency in Courtenay, B.C., on October 24, 1992 six year old Dawn Shaw was raped and then stomped to death by her babysitter, 16 year old Jason Gamache. Unknown to Dawn's parents, Jason Gamache had two previous convictions of sexual molestation. He had been convicted of two sexual assaults on four year old children, one a girl, the other a boy.
In 1991 a year before the murder, Jason was convicted in Nanaimo. He moved to Courtenay with his mother to attend court ordered sex offender therapy through the John Howard Society. Jason Gamache's probation order clearly stated that he was to have no contact with children under the age of 12. Yet the only people who knew about his background were his mother, his probation officer and the John Howard Society. The RCMP were not notified when Jason moved to Courtenay. They were unaware of his record. Why? Because the criminal's rights were put ahead of those of everyone else.
Jason Gamache was restricted from children under the age of 12, yet he was living right next door to an elementary school. On the same night that he murdered Dawn Shaw, he babysat Dawn Shaw's brother and sister because Dawn Shaw's parents did not know he was a convicted sex offender.
Jason Gamache received the maximum penalty of life with no parole for 10 years. In 1999 when Jason Gamache is 23 he will be eligible for unescorted release from day prison and will be free to roam the streets. The greatest tragedy is that this and many other crimes could have been prevented. Yet our system puts the rights of the criminals, like Jason Gamache, ahead of the rights of society and the rights of Dawn Shaw. Criminals like Jason Gamache have all kinds of rights.
What rights do the victims have? Surely six-year-old Dawn Shaw and her parents had the right to know their babysitter was a dangerous sexual offender. Convicted murderers demand their rights be respected, but rights of victims go unheard.
What about the rights of those who suffer for a lifetime? What rights do the parents of murdered children have? The rights of families with small children like Dawn Shaw who are left vulnerable and oblivious to the dangers of their environment are secondary to the rights of her killer. We cannot put the rights of criminals ahead of our children.
Canadians have the right to know the dangers that exist when there are violent offenders roaming the streets or living next door. Parents have the right to know when there is a child molester in their backyard.
There is a need for a victims' bill of rights. There are a number of rights victims should have yet they do not. Either they are not on the books or there is no mechanism to enforce them. Too often victims are not informed when there is an investigation and this should not be happening in our justice system.
Victims should be fully informed about the progress and outcome of the investigation and the charges to be laid against the offender. If charges are not laid, the victims should be informed why not. The victim must have the right to be informed of the offender's status throughout the process, including, but not restricted to, notification of any arrests, upcoming court dates, sentencing dates, plans to release the offender from custody, including notification of what community the parolee is being released into, conditions of release and parole dates. Victims should also be aware of the criminal's whereabouts at all times.
Victims' rights should also be extended to protect victims of domestic violence. If a victim files a complaint of domestic violence the police must have the authority to follow through tothe end.
The rights of the victim and compensation for the victim's losses should also be a priority consideration. The government must hold the criminal accountable for the crime. Restitution orders should be mandatory, not at the discretion of the courts. It is not enough to give victims their rights. Victims need to know what their rights are. Victims must be informed of their rights at every stage and all information should be made available on request.
Some provinces have taken the initiative to put forward legislation that protects the rights of victims of crime. In British Columbia the victim of crime act gives victims legal rights to information and rights to compensation. However, it only applies to those serving terms of less than two years who fall under provincial jurisdiction.
Ontario victims' right bill allows victims to be provided with information, yet the problem remains. Many of these measures apply only to provincial institutions and will not help victims of crimes under federal jurisdiction.
Provincial legislation is a move in the right direction but it is only a beginning. Provincial laws to protect victims will only apply to provincial violations.
Under the Constitution Act of 1867, Parliament has jurisdiction over the management of penitentiaries, so anything related to prisoners or parole are federal responsibilities. Yet victims have fallen through the cracks because neither the federal government nor the provincial governments have exclusive jurisdiction. Victims fall into both federal and provincial jurisdiction and it is the responsibility of both to work together to establish a national standard for victims' rights.
Why is it that we have a national standard for the environment, a national standard for health, a national standard for parks and a national standard for broadcasting? Is it asking too much to establish national standards for victims' rights? I think not.
It is time for the government to set things straight. It is time for us to show compassion and respect for the victim, that is at the very least equal to that which we give the criminal.
In conclusion, we are asking that the government look into a victims' bill of rights. It is not a huge commitment but it is a small but significant step in the right direction. I hope government members will support this motion, not only with their vote but also with their actions.