Mr. Speaker, it is with pleasure that I rise today in the House to provide hon. members with some information about the status of victims' rights in Canada and the progress that has been made in addressing the concerns of victims of crimes. The topic is obviously very timely. It certainly is of interest to the residents of my riding of Waterloo—Wellington and indeed to all Canadians.
I think it is also important to ensure that we present facts instead of distortions, myths and other incorrect information which we have heard today from members of the Reform Party and others.
Hon. members must surely be aware that the Standing Committee on Justice and Human Rights is currently examining the role of the victim in the criminal justice system. This review is under way due in part to a motion made by the hon. member for Langley—Abbotsford in April 1996 which called on the government to ask the standing committee to explore a federal bill of rights for victims.
The standing committee heard from several witnesses in April 1997 and concluded that a more detailed examination of this and other related issues was necessary.
Therefore, the standing committee will address a range of issues, including the need for additional services for victims, the information needs of victims, how such services can be funded and whether additional Criminal Code amendments are necessary.
The Minister of Justice has already discussed several options with provincial attorneys general, but has noted that further information will be gathered by the standing committee. Their consultation process will assist the minister in refining many of the options under consideration.
This government cannot be faulted for any lack of concern for victims. Quite the contrary. The Minister of Justice has identified this as one of her highest priorities, and rightfully so.
I would suggest that members opposite are exhibiting impatience rather than focusing on fully participating in the standing committee's review which they in fact encouraged and are now criticizing this government for a lack of concern. Would they bypass the committee process? I would certainly hope not. It is very important that that process take place.
The letter sent by the Minister of Justice to the chair of the Standing Committee on Justice and Human Rights emphasizes the minister's eagerness to move forward with concrete proposals but defers to the advice of the committee in order to permit the full participation of all parties represented in this House.
I would also refer members to the Canadian statement of basic principles of justice for victims of crime which was adopted by provincial and territorial governments in 1988. That statement was intended to guide policy and legislative development and it has.
All provinces and territories have enacted victim legislation which generally includes a statement of purpose or principles echoing that Canadian statement. Some jurisdictions, including Alberta, Manitoba, Ontario, New Brunswick, Saskatchewan, Yukon, Northwest Territories, Nova Scotia and Prince Edward Island, also provide for a victim fine surcharge on provincial offences.
Provincial legislation already deals with the notion of victims rights in several different ways. For example there are provisions referred to as a declaration of principles or simply principles in the victims legislation in Alberta, Manitoba, New Brunswick, Newfoundland, Ontario and Prince Edward Island. Ontario's Victim's Bill of Rights also includes a preamble.
The Northwest Territories Victims of Crime Act provides that the purpose of the victims assistance committee established by that act is to promote inter alia the courteous and compassionate treatment of victims.
The Yukon Victims Services Act sets out in section 2 the purpose of the victims services fund, for example to promote and provide services and to publish information about the needs of victims and available services.
Similarly Saskatchewan's Victims of Crime Act includes a statement of purpose in section 3, to establish a fund to be used to promote several principles including that victims should be treated with courtesy, compassion and respect for their dignity and privacy, that their views should be taken into account and appropriate information and assistance should be provided to them throughout the criminal process where appropriate and consistent with criminal law and procedure. In addition wherever reasonably possible, victims should receive through formal and informal proceedings prompt and fair redress for harm suffered.
It is important to note that some provinces have used the term “rights”. For example British Columbia's Victims of Crime Act sets out several rights for victims of crime in sections 2 to 8. Nova Scotia's Victims Rights and Services Act also employs the term “right”. Section 3 sets out the victim's absolute rights and section 4 sets out the victim's limited rights. Quebec's act respecting assistance and compensation for victims of crime provides for victim's rights and obligations under title 1, sections 2 to 6. Manitoba recently introduced new victims rights legislation which addresses a victim's entitlement to services and information.
It should also be noted that despite the varying terminology used, all provincial victims statutes include provisions which clearly state that no cause of action lies based on the statute for anything done or omitted. In other words there is no remedy for the inability to provide for a right or fulfil a principle set out in the legislation.
It is important that the minister has noted also that when it comes to responding to the concerns of victims of crime the provinces, territories and the federal government have a role to play. It is an important role.
The provinces are responsible for investigating the majority of criminal offences, enforcing the law, prosecuting criminal offences and administering justice within the province. Given that responsibility, provincial legislation can appropriately address victims rights which relate to the provision of information about the investigation, the prosecution, for example the charges laid, bail decisions, trial scheduling, et cetera and available services. Provinces have done exactly that in their legislation.
Federal victims rights legislation to address matters of provincial jurisdiction would not be either possible or practical. That too is important to note.
When discussing the issue of victims rights, I fear we may be influenced by events south of the border and I would hope that is not so. Practically every state in the United States has a victims bill of rights and some even have amended their state constitutions. Canadians may think we must follow suit. However recent studies suggest that these rights are only paper promises. Although we should keep an open mind about the need for more rights, I am sure all members would agree that it is pointless to have symbolic victims rights which are not enforceable.
I look forward to the report of the standing committee that will greatly assist the government in addressing the victim's role in the criminal justice system, whether that be through legislation or through other initiatives.
It is important to review some of the background information on provincial victims legislation. I will highlight the legislation in four provinces to provide examples of the various approaches taken which are worthy to note.
The first relates to British Columbia. British Columbia's comprehensive legislation, the Victims of Crime Act, sets out a range of entitlements for victims and assigns a responsibility to justice system personnel or for example to the crown, commissioner of corrections, or attorney general. For example, section 2 provides that all justice system personnel must treat a victim with courtesy and respect and must not discriminate against a victim on the basis of race, colour, ancestry, place of origin, religion and other similar grounds.
Section 4 directs that crown counsel must ensure that a victim is given a reasonable opportunity to have admissible evidence concerning the impact of the offence as perceived by the victim presented to the court before sentence is imposed for the offence.
Section 5 directs that justice system personnel must offer a victim certain information regarding the justice system, victim services, the victim legislation and privacy legislation.
Section 6 provides that certain information must be provided for victims such as the status of the investigation, the name of the accused, court dates and probation or parole conditions.
Section 7 addresses information that will be provided on request of the victim.
Finally, section 8 sets out several goals that the government must promote, including the development of victims services, prompt return of stolen property and protection from intimidation.
I want to highlight Nova Scotia. Nova Scotia's Victims Bill of Rights and Services Act sets out a victim's absolute right in section 3, including the right to be treated with courtesy, compassion and dignity and the right to the prompt return of property.
The victim's limited rights are set out in section 4. They are subject to the availability of resources and any other limits reasonable in the circumstances. These limited rights include the right to information about the charge laid, progress of the prosecution and services or remedies available.
I would like now to highlight Ontario. Ontario's Victim's Bill of Rights, proclaimed in June 1996, sets out a range of principles in section 2 regarding the treatment of victims of crime, including that victims should be treated with courtesy, compassion and respect for their personal dignity and privacy; that victims should have access to information about services, protection against intimidation, the progress of investigation and prosecution, court dates, the sentence imposed and release conditions. On request, victims should be notified of release from prison and in the case of persons found unfit or not criminally responsible on account of mental disorder of any dispositions made by the Criminal Code review board.
This legislation clarifies that these principles are subject to the availability of resources and information, what is reasonable in the circumstances of the case, what is consistent with the law and public interest, and what is necessary to ensure that the resolution of the criminal proceedings is not delayed.
The Ontario legislation has created a civil cause of action for victims of prescribed crime. The offender is liable in damages to the victim for emotional distress and bodily harm. The legislation creates a presumption that a victim of sexual assault or attempted sexual assault or spousal assault suffers emotional distress.
The legislation also creates a provincial victims justice fund account which will include federal and provincial surcharge revenue, donations and appropriations from provincial general revenue. The fund is used for provincial victims services provided by the solicitor general and attorney general and for grants to community agencies.
I would like to highlight Alberta as well. The Alberta Victims of Crime Act, proclaimed August 1, 1997, consolidates the former victims programs assistance act and the criminal injuries compensation act and makes significant reforms to the compensation scheme.
Section 2 sets out the principles which apply to the treatment of victims, including that victims should be treated with courtesy, compassion and respect, receive information about relevant services and their participation in criminal proceedings, scheduling and ultimate disposition and that their views and concerns should be considered where appropriate.
The act also empowers the minister to appoint a director to implement the act, to provide information to victims, to resolve the concerns of victims who believe they have not been treated in accordance with the principles of the act and to evaluate applications for benefits, financial and others, formerly referred to as criminal injuries compensation.
The act also imposes a surcharge on provincial offences and establishes the victims of crime fund into which both federal and provincial surcharge revenue is deposited. The fund may also receive other revenue, including appropriations from general revenue. The fund is used to provide grants with respect to programs benefiting victims of crime and for financial benefits to eligible victims of crime, for example specific victims.
The director is mandated to determine the eligibility and the amount of the financial benefit for the victim applicant. An appeal board is also established to adjudicate appeals of the director's decision. Eligibility criteria and the amount of the applicable financial benefits will be prescribed and are prescribed by regulations.
In addition, it is important in light of the motion presented today to review some of the recent Criminal Code initiatives which in fact do respond to the needs and concerns of victims of crime. These are Criminal Code responses which Canadians think are very important and clearly support. I would like to highlight some of those now.
In 1995 in response to victims concerns, the maximum penalty for leaving the scene of an accident was increased from two to five years to achieve consistency with the maximum penalty for impaired driving.
On September 3, 1996 amendments to the sentencing part of the Criminal Code included amendments to the restitution and victim impact statement provisions. The scope of restitution is expanded and courts are now required rather than permitted to consider a victim impact statement when one has been prepared. Bill C-41, an act to amend the Criminal Code, sentencing, related to that.
In 1995 section 33 was added to the Criminal Code to clarify that intoxication is not a defence to any general intent crimes of violence, such as sexual assault and assault. Bill C-72, an act to amend the Criminal Code, self-induced intoxication, referred to that.
Other legislation provided for special warrants to be issued to collect bodily samples for DNA analysis in specified circumstances. These were outlined in Bill C-104, an act to amend the Criminal Code, DNA warrants.
In 1997 Bill C-17, the criminal law improvement bill, included amendments to benefit victims. The peace bond provisions were strengthened. Provisions regarding the use of blood sample evidence in impaired driving prosecutions were clarified and the mandatory prohibition from driving provisions were strengthened.
More specific amendments came into force in May 1997. These amendments include provisions to facilitate the testimony of young victims and witnesses by expanding the use of screens and closed circuit TV to include both complainants and witnesses under 18 years of age, an important move. It also included provisions designed to facilitate the giving of testimony. It will now include offences of prostitution, child pornography and assault, in addition to the sexual offences already listed. It also included amendments clarifying that the existing provisions which prohibit publication of the identity of sexual offence victims apply to current and historic sexual offences as well.
Section 715.1 which permits a young victim of a sexual offence to adopt video testimony at trial will now be available in the prosecution of other offences, including assault, prostitution and child pornography. This was outlined in Bill C-27, an act to amend the Criminal Code, child prostitution, child sex tourism, criminal harassment and female genital mutilation.
Bill C-46, an act to amend the Criminal Code, production of records in sexual offence proceedings, was passed and proclaimed into force on May 12, 1997 to protect sexual offence victims by restricting the production to the accused of irrelevant personal and private records.
These measures underscore the commitment of the government to make protection of the public a top priority. That is understood and that is clearly apparent.
It is important to note that while others talk we as a government have acted. It is important to maintain those kinds of actions and to ensure that these actions are consistent with what Canadians want and what Canadians expect the government to do.
In its vision of the future, the federal government attaches vital importance to the security of all Canadians. The federal government will continue to look after the interests of all Canadians.