Mr. Speaker, I am pleased to speak to Bill C-79.
Victims of crime are finally going to see a start of some significant initiatives toward rights and privileges. It has been a long struggle but the government appears to have finally recognized and accepted the necessity of rebalancing the scales of justice to more adequately reflect the interests of victims of crime.
First I would like to acknowledge and compliment the hon. member for Langley—Abbotsford. He definitely got the ball rolling in this place. Throughout the 35th parliament he and his Reform colleagues pressured the government to introduce a victims bill of rights.
It was he who moved the Reform supply day motion of April 29, 1996 which was successful. This place voted to direct the Standing Committee on Justice and Legal Affairs as it was then called to draft a victims bill of rights. The Minister of Justice was also to initiate consultations with the provinces to arrive at a national standard for a victims bill of rights.
At the time of the debate, the Minister of Justice, now the Minister of Health, acknowledged the severe shortcomings of our legislation in regard to victims rights. He stated: “Although steps have been made toward progress in recent years, they have been imperfect. There remains a great deal to be done”. He promised specific victim legislation by the fall of 1996. He did not fulfill that promise. In fact it was not for two more years that the government put victims rights on its agenda.
In June 1998 the justice committee finally got around to conducting a review into what changes to the legislation were necessary to acknowledge and respect victims of crime. In October 1998 the justice committee submitted its report “Victims' Rights—A Voice, Not a Veto”. It was a good report. It essentially had all-party support.
The Bloc submitted a short minority report but it essentially encouraged the government to respect the provincial jurisdiction within our Constitution in the area of victims issues. Even the Bloc did not have much complaint over the recommended changes to the federal legislation. Those changes merely enhance the role of victims in our criminal law process. The actual financial, physical and psychological assistance programs for victims would still remain a provincial initiative.
For one of the few times in this place, all participants seemed to be onside. The co-operation among the various political parties at the committee table was refreshing and appreciated.
Bill C-79 is merely the response to the committee report. It is long overdue. Victims have been waiting for far too long for many of these rather simple rights. There has been little reason for the government to delay as long as it has. Hopefully this legislation will be a start to rectifying the historical injustices to innocent members of our society who through no fault of their own happen to become victims of crime.
For years the government has fallen all over itself to safeguard the interests of criminals. Victims in many respects have been completely forgotten. Perhaps this legislation is an indication of change. There must be a more proper balance between the rights of the criminal and the rights of the victim.
As I have said, the committee report was an example of how parliamentarians could work together to produce a valuable product for all Canadians. The report contained 17 recommendations. Bill C-79 really only addresses about seven of the recommendations.
Recommendation No. 6 proposed changes to the Criminal Code to require consideration of the complainant's safety concerns prior to judicial interim release decisions, more commonly referred to as bail. There are a number of provisions to protect society as a whole or to protect specific portions of our community such as school children, et cetera, but there is a deficiency when it comes to considering the safety concerns of the specific victims of crime. It is the victim who is most likely to be the subject of intimidation regarding providing evidence and it is the victim who is most likely to be the subject of additional victimization. It only makes sense to consider that particular victim's concerns.
Paragraph 3 of the legislation requires a police officer to consider the safety and security of any victim or witness prior to releasing the accused from custody. Paragraph 4 of the legislation requires the officer in charge to make similar considerations. Paragraph 8 of the legislation places similar controls over the judge. The safety and security of any person, but particularly a victim or witness, must be considered.
Recommendation No. 7 proposed changes to the Criminal Code to facilitate exclusion orders and to prohibit cross-examination by an accused personally during proceedings involving specific offences where the witness is under the age of 18, rather than the current age of 14. The committee found that persons under the age of 18 were more easily intimidated by accused persons when permitted to cross-examine these young members of our society and, in effect, subjecting these victims to be victimized again.
Paragraph 2 of the legislation appears to fulfill this recommendation. Section 486 has been amended to change the age from 14 to 18 years. The judge may appoint counsel for the purpose of conducting the cross-examination.
Recommendation No. 8 proposed changes to the Criminal Code to permit a judge to ban the publication of identifying information concerning a victim, a complainant or a witness in certain circumstances. Concern was expressed over respecting the dignity and privacy of victims. Concern was expressed over hesitancy for complainants to come forward as witnesses should they not wish to have their identities revealed to the public.
Subparagraph 2(3) of the legislation appears to fulfill this recommendation. The judge or justice is given power to ban publication of information that could identify a victim or a witness if necessary for the proper administration of justice.
Recommendation No. 9 proposed changes to the Criminal Code to permit victims the right to read their impact statements into the record either personally or by other means provided the accused has received a copy of the statement in advance. As I have said before, the opportunity to present a victim impact statement in court helps the victim to feel that they are an important part of the justice process, not merely a spectator. It gives them a measure of closure in that they have had the opportunity to impress upon the court just how they have been harmed by the offence. It gives them an opportunity to impress upon the offender just how they have been damaged by the actions of that individual. It gives them the opportunity to hope that their words may cause the offender to reflect upon their misconduct and perhaps move them on the road to rehabilitation.
This recommendation was of special significance to me. As some may know, my son was murdered six and a half years ago. I was not permitted to present my impact statement orally. I have been working for this change, among others, ever since.
Paragraph 17 of the legislation appears to fulfill this recommendation. The court shall permit the victim to read victim impact statements.
Recommendation No. 10 proposed changes to require impact statements to be provided to the offender or counsel and to the prosecutor as soon as practicable after a determination of guilt. Concern had been raised over the fact that victim impact statements were to be provided to an accused as soon as it was filed. They were often used as evidence during the trial through cross-examination to attack the credibility of the victim, even though they were not permitted as evidence until the sentencing portion of the hearing, if any. To provide fairness, this recommendation proposed notice to the offender as soon as practicable after the finding of guilt. They cannot and should not be used until sentencing so they should not be available to the defence until sentencing. There will be ample opportunity at the sentencing for the defence to challenge the statement.
Paragraph 18 appears to fulfill this recommendation. The clerk of the court shall provide a copy of the report to the offender or counsel and to the prosecutors. We, as proponents of victims' rights issues, are fair. We certainly recognize the necessity to provide the offender with notice of the contents of an impact statement.
Evidence must not be presented in surprise although the rules of disclosure currently allow the defence to do just that, but that is a fight for another day. In this case. the offender must be provided the opportunity to lead contradictory evidence, if any.
Recommendation No. 11 proposed changes to oblige the sentencing judge to determine whether the victim had been provided an opportunity to prepare and submit a victim impact statement and to grant an adjournment for that purpose where satisfied it would not interfere with the proper administration of justice.
Paragraph 18 of the legislation appears to fulfill that recommendation. The court inquires of the prosecutor whether the victim has been advised of the opportunity to prepare a statement.
One of the primary problems with victims' issues is that no one can forecast becoming a victim of crime. As such, victims most often have little idea of what rights, privileges or provisions are available to them. It is one thing to provide victims with rights. It is quite another thing to ensure that the victim is made aware of those rights.
Recommendation No. 11 was made by the committee to ensure that the victim was made aware of the right to present a victim impact statement and the opportunity to prepare and submit the statement. Bill C-79 meets this test. The court has discretion whether to adjourn the proceedings to permit the victim to prepare a statement if satisfied that the adjournment would not interfere with the proper administration of justice.
Recommendation No. 13 recommended that the Criminal Code and the Young Offenders Act be amended to allow for the automatic imposition of a mandatory minimum victim fine surcharge that could be waved by the court to avoid undue hardship to the offender. Paragraph 20 appears to fulfill this recommendation in respect of Criminal Code cases.
The government has refused to initiate similar provisions with respect to young persons. In the recent legislation introduced in the youth criminal justice act, the government has essentially left victim fine surcharges to the provinces. If the provinces do not provide leadership in this area the court may impose a surcharge. The government has left this type of provision in spite of the Minister of Justice's comments that the practice of leaving it to the courts has not worked. Judges have had that power for years but they either refuse to use it or forget about it when imposing sentences. It was because of this problem that the justice committee recommended a mandatory minimum surcharge or a sort of reverse onus clause. It requires the court to automatically assess a fine surcharge but leaves it up to the defendant to argue economic hardship. The justice committee was attempting to provide sufficient financial resources to assist the provinces to provide sufficient resources to victims of crime.
We will be attempting to have this amended in the current legislation or in the new youth justice act.
As members can see, Bill C-79 addresses a number of recommendations of the justice committee report. The recommendations that have been addressed have been relatively simple and not too painful. None of them really require any additional funding from the government or in actual fact the taxpayer. None of the accepted recommendations impact on the rights of the accused to any great extent. Yes, the accused may be held in custody if there is a decision that the victim or witness is at risk of further harm. Yes, the accused may no longer personally cross-examine young victims in cases such as sexual assault. Yes, the victim is being provided with enhanced rights to present a victim's impact statement. Yes, there is a better method of obtaining fine surcharges to provide assistance to victims.
All of these are long overdue and are not a particularly burdensome imposition on our accused or our criminals. They all make common sense. It is indeed a wonder why we have waited so long to bring them into being.
I will now move to comment on recommendations that have not been addressed by the government. Victims have waited for years to finally obtain substantive recognition and respect for their interests. The justice committee heard from a number of victims and victims' groups both in testimony and in a one and a half day round table forum last summer. There was a co-ordinated response from the committee of the necessity to act and act now. Unfortunately, this same sentiment is not as present with the government.
In recommendation No. 5, the justice committee proposed the tabling of an omnibus bill to address needed amendments to the Criminal Code and the Corrections and Conditional Release Act. Bill C-79 only addresses the Criminal Code aspect. The minister has used the excuse that the justice committee is presently reviewing the Corrections and Conditional Release Act so the government will await that report before deciding whether to initiate reforms to that legislation in regard to victims' rights. The minister has also claimed that the Corrections and Conditional Release Act is the responsibility of the solicitor general. My first thought is the old problem of the chicken and the egg. Which came first?
We have a victims' rights report. It addresses the needed changes to the Corrections and Conditional Release Act. This is after years and years of waiting. It is difficult for me to accept having to wait some more months, perhaps many months, before the government might bring forth the needed victim legislation as it pertains to our prisons and our parole system.
It is difficult to understand why the government does not just do the job necessary. Why does it always have to seem to need to be forced to introduce legislation that is best for its citizens? Why does it play political games to procrastinate and to prolong the suffering and disregard of innocent Canadians who just happen end up as victims of crime?
For the minister to claim that the Corrections and Conditional Release Act comes under the responsibility of the solicitor general may be acceptable to the general public but we all know that it is the Minister of Justice's department that puts together legislation of a legal nature. Yes, the solicitor general has overall responsibility but he and his predecessor have had the committee recommendations the same time as the Minister of Justice. Surely the Corrections and Conditional Release Act response to the committee report could have been completed in the same time as the Criminal Code portion. In fact the more substantial portion of the report dealt with changes to the Criminal Code.
There were essentially four recommendations dealing with the Corrections and Conditional Release Act. These changes were relatively simple. They were of the same nature as the changes to the Criminal Code. There is no satisfactory explanation as to why the solicitor general's area of response is not now before the House. That is a travesty to victims of crime. It is unacceptable.
A number of recommendations had to do with developing a victims of crime strategy, co-ordinating federal-provincial responsibilities, establishing a national office for victims of crime and creating an advisory committee on victims of crime. All of these aspects do not really require legislation.
The Minister of Justice has announced that she will be creating the national office within her department. We have seen little evidence of how it is to operate. We hope it develops into more than just a public relations exercise or a haven for patronage appointments. It cannot be allowed to develop into just another bureaucratic department.
As a member of the justice committee, I know that this recommendation had more to do with creating a substantial initiative to properly assist victims toward obtaining justice and closure for their unwanted and unfortunate involvement with crime. This national office and any advisory committee must provide concrete solutions and resolutions to victims' issues. Canadians are looking for action, not some more bureaucratic delay, not more red tape and certainly not more excuses.
I am concerned about the definition of victim. It has been added to the definition section of the Criminal Code and merely states, “includes the victim of an alleged offence”. For the purposes of section 722 there is a broader definition of victim. This includes a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of an offence. Section 722 is restricted to victim impact statements.
During the anticipated justice committee review of this legislation, I will be interested in hearing why a broader definition, similar to what is included in the Corrections and Conditional Release Act, has not been used. Without getting carried away and making everyone a victim of any crime, there may well be sufficient argument to ensure true victims are not excluded merely because of the wording of the legislation.
I will conclude my submission with a couple of stories which I hope will drive home to my hon. colleagues the shoddy treatment some victims of crime are subjected to.
My son Jesse's best friend was at his side when he died. Can anybody here even begin to imagine the trauma? Jeremy's parents attempted to get him some help but were told the waiting list was months long. Five months later, on the eve of my son's birthday, Jeremy acted out by committing a very minor offence himself. As an offender he received help within days. What does that tell us?
Two weeks after our own tragedy, Laurie Woods and her roommate were brutally stabbed to death.
To make a long story short, Laurie's mother Pat anticipated the possibility of requiring counselling. When Laurie's dad Bob inquired about financial compensation for counselling, should it be required, some thoughtless bureaucrat promptly told him that his wife did not qualify because she did not personally witness the killings.
Family members of homicide victims witness the event every night in their nightmares. Bob and Pat are friends of mine. A short time later we along with others were successful in getting the rules in British Columbia changed. Granted these are provincial issues but I think the point is made. The issue must be approached at all levels.
I do not intend on being entirely of gloom and doom. The legislation is a start toward victims rights provisions. It has been far too long in coming. Even the government's response to the justice committee is only half done. We will still have to wait for the changes to the Corrections and Conditional Release Act. Hopefully Canadians, and especially victims of crime, will not have to wait too much longer for the government to fulfil the needs of these individuals. Today is a start. There is still a long way to go.