Mr. Speaker, I am pleased to rise today in the House in support of Bill C-79, an act which amends the Criminal Code to enhance the protection and participation of victims and witnesses in the criminal justice system.
As the Minister of Justice stated last week when she tabled the bill, these amendments will strengthen the voice of victims of crime in the criminal justice system and increase resources for provincial and territorial governments to provide services directly to the victims of crime.
It is also important to note that these amendments to the Criminal Code respond to the unanimous recommendations of the all-party report of the Standing Committee on Justice and Human Rights. I take this opportunity to commend the members of the standing committee for their work and their recommendations. The report is entitled “Victims' Rights—A Voice, Not a Veto”. The title of the standing committee report is important as it embodies the spirit and intent of these amendments.
The victim of a crime has the right to be informed and to be heard. These amendments provide the victim with a stronger voice, but there is nothing in the legislation that limits the rights of the accused.
Victim advocacy groups have been encouraging the government to ensure that the views and concerns of victims are considered especially on decisions that will impact on their safety, security and privacy. The government's commitment to respond to the concerns of victims of crimes is embodied in this legislation.
The preamble to Bill C-79 is unequivocally clear on this commitment. The preamble is very comprehensive. It addresses why this legislation is necessary, how the government is improving the criminal justice system and encourages greater participation of victims and witnesses in the criminal justice system.
I draw attention to two specific paragraphs of the preamble which embody the government's commitment to the victims of crimes and their concerns.
Paragraph 4 of the preamble states:
Whereas the Parliament of Canada supports the principle that victims of and witnesses to offences should be treated with courtesy, compassion and respect by the criminal justice system, and should suffer the least amount of inconvenience necessary as a result of their involvement in the criminal justice system.
Paragraph 5 of the preamble goes on to state:
Whereas the Parliament of Canada, while recognizing that the Crown is responsible for the prosecution of offences, is of the opinion that the views and concerns of the victims should be considered in accordance with prevailing criminal law and procedure, particularly with respect to the decisions that may have an impact on their safety, security or privacy.
Before I go on, Mr. Speaker, I forgot to state that I will be sharing my time with the member for Scarborough East.
It is clear from the preamble that the amendments proposed to the Criminal Code need to reconcile the rights of victims and witnesses with the rights of the accused but at the same time ensure that victims and witnesses are treated with courtesy, compassion and respect.
While there are a number of amendments included in Bill C-79 to enhance the protection and participation of victims and witnesses in the criminal justice system, I would specifically like to highlight two provisions. First, I will talk about the victim surcharge on offenders.
The amendments include changes to the victim surcharge imposed on offenders. A victim surcharge is an additional penalty imposed on offenders at the time of sentencing. It is collected by the provincial and territorial governments and used to provide programs, services and assistance to the victims of crimes within their jurisdiction.
The proposed amendments in Bill C-79 would: would make the victim surcharge automatic to ensure that it is applied consistently to all offenders; and change the amendments to the surcharge to provide mandatory minimum amounts. Under Bill C-79, the surcharge amounts will be: 15% of any fine imposed on the offender; if no fine is imposed, $50 in the case of an offence punishable by summary conviction and $100 in the case of an offence punishable by indictment; or, an increased surcharge at the discretion of the judge in the appropriate circumstances.
The victim surcharge revenue will continue to remain in the jurisdiction within which it is collected. These amendments would significantly increase the revenue available for victim programs and services in all provinces and territories. It would be administered by the provinces and territories.
The constituents in my riding, led by a wonderful organization known as Parkdale Community Watch, have always urged me to support the passing of legislation that requires moneys to be reinvested into those communities and individuals affected by crime. This legislation is certainly an important step toward addressing their concerns.
The second amendment I will address is the victim impact statements. I highlight this because it is very important. Victim impact statements have an incredible role to play. A victim impact statement is a written statement prepared by the victim and considered by the court at the time of the sentencing of an offender. It allows victims to participate in the proceedings by describing the impact of the crime on them and on their families.
Proposed amendments under the legislation would ensure that the victim is permitted to read an impact statement at the time of sentencing if he or she wishes to do so. Under the present legislation, a judge is required to consider the written statement but allowing the victim to read it remains discretionary. Under the amendments, the judge will be required to ask before imposing the sentence whether the victim has been informed of the opportunity to prepare such a victim impact statement. The proposed amendments would authorize adjournment to permit a victim to prepare a statement or submit other evidence to the court about the impact of the crime on himself or herself and his or her family.
The amendments would further require that victim impact statements be considered by courts and review boards following a verdict of not criminally responsible on account of mental disorder.
Lastly, the amendments clarify that at proceedings to determine whether an offender sentenced to life in prison should have his or her parole eligibility reduced, the information provided by the victim may be oral or written. At present, the Criminal Code provides that any information provided by the victim will be considered. However, in practice some victims have actually been discouraged from making an oral statement.
Bill C-79 is just one of the proposals which is part of an overall government strategy to respond to the victims of crime.
Last month the Minister of Justice tabled the youth criminal justice act which also recognized in its principles the important role of victims in the youth justice system and their need for information. In addition, the youth criminal justice act acknowledged the important role played by communities toward combating crime in the community.
The creation of a policy centre for victims of crime announced in December by the Minister of Justice is a key element of the strategy to respond to the needs of victims of crime. The policy centre will ensure that all federal policies and legislation take into consideration the views of these victims of crime. The new victims policy centre will manage, co-ordinate and enhance all federal initiatives relating to victims and become a centre of expertise on emerging national and international trends in victim advocacy, legislation and services.
Last week when the minister tabled Bill C-79, she stated:
These measures are important steps forward to reform the way the criminal justice system treats victims. But our work is not over. Through our new victims policy centre, we will ensure that the victim's perspective will always be considered in the development of any future legislation.
While I certainly applaud the minister on the amendments to the Criminal Code embodied in Bill C-79, I must also comment on her statement that our work is not over and use this as an opportunity to present my constituents' concerns again, as voiced by Parkdale Community Watch, as to what we should examine in the future.
My constituents feel that in future we must continue to involve our communities to a greater degree, along with individual victims of crime. While Bill C-79 is the first step to ensuring that an individual victim is permitted to read an impact statement at the time of sentencing, I also believe that we should examine the possibility of giving communities the opportunity to read a community impact statement at the time of sentencing. The value of community impact statements must be acknowledged, particularly in cases of alleged victimless crimes such as drugs and prostitution where the impact on the community is significant.
I would like to confirm my support for Bill C-79. It is truly an important step in reforming the way the criminal justice system treats its victims, but most important, it shows that the government has not only listened to the victims and their advocacy groups but it has also proceeded to address their concerns.