Mr. Speaker, I am also very pleased to take part in the debate. I noted the comments of the member opposite and I echo much of that sentiment having worked in the court system as well. I know there has been an ongoing need and a need that continues with respect to the recognition of victims and the need to give them the dignity they require after having been victimized.
Sadly, time and time again in the country there have been occasions where victims have felt the wrath of the criminal in the community in the first instance, and then once again felt victimized by a system that was sometimes not sensitive to their needs and their overwhelming feelings of loss after having been victimized or preyed upon.
There is a great deal of positive impact that will be felt from the implementation of Bill C-79. I had the pleasure of participating in the round table that was referred to by the member opposite. We had an incredible representation of stakeholders from across the country from victims' groups. I am very proud to say that from the province of Nova Scotia we had tremendous participation, some might argue disproportionate participation, but it speaks well to our justice system and the sensitivity of my home province of Nova Scotia toward this need and this problem.
The victim impact statement is a matter of law that has been around for some time. It is, for those who might be unfamiliar with the concept, an opportunity for a victim to speak directly not only to the court but to those assembled and, perhaps most importantly, to the offender. It is an opportunity for victims to voice the feeling they might have encompassed as a result of what the offender had done to them personally, to their property or to a loved one. The expansion of the victim impact statement in its use and in its utilization within the courtroom is a very important step forward.
The knowledge that victims have of these processes that are available to them is something that is equally important because those tools, if not made familiar to victims, will not serve the purpose for which they are set out.
Victim impact statements are a very important aspect of the healing that has to take place subsequent to the commission of a crime and subsequent to the often arduous process that victims experience in the court. That includes the delay, the appeal, and often the very rigorous cross-examination and rigorous examination of circumstance that occurs in a courtroom. This is part of our legal system. It is part of the need and necessity to observe principles such as the presumption of innocence. Due process has to run its course, but the victims are often left feeling that this sterile process does not show enough compassion to the pain, not only the external pain but the internal pain that comes about as a result of criminal activity.
Through heightened awareness of the use of victim impact statements and the necessity now of the codification of the requirement that a judge inquire of the crown prosecutor, the victim or their representative as to whether they have availed themselves of a victim impact statement is an important step forward. I do have some reservations as to the broad application of this.
That matter was also raised by provinces, particularly New Brunswick. It brought forward a concern about the current wording of the sections in Bill C-79 which requires that a judge must make these inquiries of the prosecutor. It would be left open to interpretation by the judge in all instances or cases including victimless crime. I am speaking of a situation where damage is done to public property or an impaired driving case, which sadly still remain very prevalent in terms of the caseload in the courts.
When we have the requirement or the necessity for a judge in every instance, including victimless crimes, to make such an inquiry, my submission to the justice department would be that this will cause further delay because of the volume that exists in the courts. Although it may seem momentary in a single case that a judge makes this request or inquiry, when it is done time and time again it will result in a massive amount of wasted court time. Sadly we simply do not have the luxury to waste court time in this day and age.
My amendment is aimed specifically at denoting in a very straightforward way a suggestion to streamline this section that a judge must make these inquiries when a victim exists. I believe the language is such that it is made very clear.
Sadly we have seen time and time again legislation being drafted in a cumbersome and onerous way and being left open to all sorts of judicial and legislative interpretation that what is intended in the legislation is often misdirected and often misinterpreted. This does not serve the purpose the legislative drafters would hope to accomplish. It certainly would not serve the purpose that members of parliament who are involved in this process want to accomplish. We need streamlined, tight legislation, particularly in criminal law where there is a tremendous amount of problems and a tremendous backlog in courts throughout the land.
That is what lawyers do. Lawyers look for an interpretation that would be advantageous to their clients. That is part of the process. It will always be implicit in our legal system. However, common sense is something that should prevail. I believe it should begin at the very first instance, in the drafting process.
I am suggesting that through this amendment we can accomplish more because we can remove some of the delay that will flow from this current section of Bill C-79.
To speak to the larger issue of the impact of the bill, we have seen some very positive legislative initiatives which will touch upon some of the shortcomings that have existed prior to this time and will exist for some time until the actual implementation of Bill C-79 takes place.
One of those initiatives has been mentioned. It involves the use of victim fine surcharges. I have some reservations as to the actual practical application. I hope the revenue that will be generated by the application of victim fine surcharges will find its way into the hands of victims who are feeling aggrieved.
We all know it will not be possible to put victims back into the situation which existed prior to their victimization. We will not be able to remove the bruises, to unviolate a sexual assault victim. We will not be able to erase from their memories or remove the injurious effects which flow from an assault.
At least with some monetary compensation there is an attempt and a recognition. Oftentimes I would suggest strongly that it is recognition victims are looking for, a respect from not only the system but to some small degree perhaps from the accused, from the offender. Monetary compensation for personal damage to property or personal damage to clothing in some small way is a recognition.
I hope the victim fine surcharge will be administered properly. I hope it will not be used for administrative purposes as opposed to the intent, which is to put money or compensation into the pocket of the victim.
I am very pleased to have been a part of the process that brings us to this stage, the deliberations that took place in the justice committee. I was very pleased to see the positive and non-partisan approach taken by all members of the committee. That is very apparent in the House today and we will see it again when it comes time to vote on this legislative initiative.
I congratulate members of the committee. I have no reservation in acknowledging the Minister of Justice and her commitment to this issue. I must recognize as well the late Shaughnessy Cohen as having played an integral part in getting this piece of legislation to the point where we see it today. It is a very fitting tribute to her memory that these implementations will be coming about, to use the minister's words, in a timely fashion.