Madam Speaker, I consider it a privilege to speak to an issue of top priority to the Minister of Justice and the government, that is the role of victims within the justice system. I am encouraged that so many members in this place agree that much more needs to be done to improve the situation of the victim.
In addressing whether we should establish a federal commissioner for the rights of victims of crime, which is proposed by the hon. member's motion, we must consider a whole range of issues not least of which is the interaction of provincial and federal jurisdictions in this area.
In light of the commitment of the Standing Committee on Justice and Human Rights to deal fully with the issue of the role of victims in the justice system, I find it passing strange that we are debating this issue in the House today. Next week we are holding the victims forum in Ottawa to hear from those who have firsthand knowledge of what needs to be done and what role the federal government can play in ensuring these needs are met.
Much work has already been done in this field. I believe the experience of those who have undertaken pioneering work will benefit the members of the committee as they prepare their recommendations.
The hon. member for Pictou—Antigonish—Guysborough spoke to the issue last week during debate on the Reform Party's allotted day motion regarding the criminal justice system. As I recall, the hon. member noted that pursuant to the Corrections and Conditional Release Act the office of the correctional investigator had been established to ensure that incarcerated offenders within the federal corrections system had a mechanism to address their complaints and concerns. The hon. member is suggesting that there should be a parallel office or a commissioner—I also heard him use the term ombudsman—to look out for the interests of victims of crime.
Hon. members are 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 calling 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 indeed necessary.
The standing committee will address a host 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 also noted that further information would be gathered by the standing committee. That consultation process would assist the minister in refining many of the options under consideration.
It would be appropriate that this motion to establish a commissioner be referred to the standing committee. The committee has an opportunity to hear from the real experts regarding what victims need and expect from the criminal justice system and what is currently being provided.
The committee has already received information about the range of services and legislation already in existence in the provinces and territories. With this background and context the committee is in the best position to assess the benefits and feasibility of establishing the position of commissioner.
The hon. member's proposal is not novel. The Minister of Justice has already indicated her interest in establishing a federal office for victims of crime. The minister has discussed the establishment of such an office with her provincial colleagues who have indicated their support for a complementary federal role and co-ordination mechanism to among other goals bring about improvements to the criminal justice system to benefit victims of crime and to ensure they receive the information they need. This option of the establishment of an office for victims may achieve many of the same objectives as the hon. member suggests regarding a commissioner.
Hon. members should also be aware that the Minister of Justice wrote to the chair of the standing committee expressing her interest in the review of the role of the victim in the criminal justice system and seeking its input on several specific options including the establishment of an office. I will quote from that letter:
In addition to Criminal Code amendments, I have been considering several non-legislative options including the establishment of an “Office” for Victims of Crime within the Department of Justice. I have discussed the establishment of such an Office with my provincial and territorial colleagues and have received their support for this initiative. An Office for Victims of Crime would be mandated to, among other things, ensure the victim's perspective is considered in the development of all criminal law policy and legislation. The Office would co-ordinate all federal victim initiatives and facilitate federal-provincial-territorial initiatives. In general, it would be a centre of expertise domestically and internationally and a point of contact for information about the role of victims of crime in the criminal justice system. The Standing Committee may wish to explore the benefits of such an Office for Victims of Crime.
The Minister of Justice has recognized that the standing committee's review provides an opportunity to canvass a wide range of views regarding a wide range of victims issues. I would submit that consideration of the motion should also await that review process or even become part of it.
The minister's letter to the standing committee also acknowledged the work done by a joint federal-provincial-territorial committee that includes all the provincial and territorial directors of victims services. That group has gathered information about existing programs, services and legislation in Canada and meets regularly to address issues of concern and to propose necessary solutions.
That type of federal-provincial-territorial initiative and co-operation is essential when addressing the needs and concerns of victims within the criminal justice system because governments have to work together. This co-operation must be encouraged and formalized. The office proposed by the Minister of Justice would be a means to ensure ongoing federal-provincial-territorial collaboration, consultation and co-operation.
In the discussions of the Minister of Justice to date with victim advocates, service providers and many experts in their field a common theme emerges. Crime victims and witnesses need information and do not know where to turn for information when they get caught up in the criminal justice system.
They do not want to be told that their problem is somebody else's job or in some other jurisdiction. In addition, most believe it is the government's responsibility to assist them. There are already many valuable programs and services but there continue to be some gaps in making Canadians aware of those services.
Therefore there is a need to focus on how we as a government can develop a centre point of contact for victims and a network of information providers. The Minister of Justice has already launched a process to work closely with the provinces on this issue and does not intent to set up an expensive, cumbersome bureaucracy.
With respect to the issue of victims rights I have some reservations about the federal government role. We should not suggest to Canadians that a special charter and special legislation are needed depending on the situation they find themselves in. The Canadian Charter of Rights and Freedoms provides us all with equal benefit and protection under the law. Moreover, criminal law and criminal procedure are properly set out in the Criminal Code.
Another concern relates to the jurisdictional responsibilities of the provinces, territories and federal government. The provinces and territories have enacted legislation to address a variety of so-called victims rights relating to the fair treatment of victims, the provision of information and services, and related issues.
Federal legislation can address only matters of federal jurisdiction. Another major consideration in developing rights legislation is how breach or violation of these rights can be effectively enforced. Most victims rights legislation provides no remedy. Real improvements require the willing participation of all players in the criminal justice system. Let us hear their views on what an effective role for the federal government might be.
Earlier I referred to the federal government's role in enacting criminal law. I do not need to remind the House of many of the Canadian Criminal Code amendments passed by the government which respond directly to the concerns of crime victims.
For example, there is the gun control legislation, Bill C-68; the crime prevention strategy; the national information system on child sex offenders; sentencing legislation; amendments to the Criminal Code to permit collection of bodily samples for DNA analysis, Bill C-104; the restriction of the defence of extreme intoxication; and Bill C-55 amendments regarding high risk offenders.
I could go on and on with the examples. The Minister of Justice also indicated that further Criminal Code amendments will be proposed following receipt and review of the standing committee's report to respond to recommendations made by victims advocates and by the federal-provincial-territorial working group on victims and crime.