Mr. Speaker, the hon. member for Pictou—Antigonish—Guysborough seeks to amend Bill C-79, in particular the proposed section 722.2, which is found in clause 18.
This section in issue will require the judge before sentencing to ask the prosecutor, a victim or any person representing a victim whether the victim has been advised of the opportunity to prepare a victim impact statement. This provision is exactly what the standing committee unanimously recommended. It is based on concerns raised by victims and victim advocates, and these are persons and organizations with strong roots in and around my hometown of Hamilton, that victims often do not know about the opportunity to make a victim impact statement.
The hon. member's motion would reword the provision so that the judge would make this inquiry only where the victim exists. Let us be clear about this, only where the victim exists. I plead with the hon. member for Pictou—Antigonish—Guysborough to think through the purpose of this amendment.
Surely where there is no victim, the judge will not waste his or her time asking whether the victim has been advised of the opportunity to make a victim impact statement. For example, in sentencing an accused for impaired driving where no one is injured, there is no property loss, no victim other than society, the judge would not make this inquiry. Clearly there would be no victim impact statement where there is no victim.
By inserting the words “where the victim exists” we are suggesting that for example in the case of a murder where the victim is deceased the survivors would not be considered as victims in order to make a victim impact statement. While I do not think this is really the hon. member's intention, this would be the result of this particular amendment.
The family members of homicide victims are indeed victims in their own right and the Criminal Code recognizes them as victims for the purpose of submitting victim impact statements. The proposed amendment would only cause confusion and concern among surviving family members that they would be denied both information and the opportunity to prepare a victim impact statement.
Whatever the purpose of this amendment is, let us be clear, it is not necessary. The Criminal Code does not define victim. Rather Bill C-79 clarifies that victim includes the victim of an alleged offence. Common sense and understanding dictate who is a victim. Where there is no victim of an offence, there will be no need or obligation on the judge to inquire whether the victim has been informed.
If this motion is intended to restrict the obligation on judges to make this inquiry for only certain crimes or certain types of victims, it does not achieve its objective.
The amendment clearly cannot be supported. One, it does not reflect what the standing committee recommended unanimously. Two, it does not reflect what victims of crime and victim service providers have told us. Three and maybe most important, it does not achieve any valid purpose and it will cause confusion in the interpretation of this provision ultimately at the expense of victims of crime. I am certain that the hon. member does not want to see that happen.