Mr. Speaker, it is my pleasure to rise today to speak in support of Bill C-10 and to encourage all members of the House to support this reform.
The Standing Committee on Justice and Human Rights reviewed the mental disorder provisions of the Criminal Code in 2002. The work of the committee is reflected in Bill C-10.
The public may recall the old law that used the term “not guilty by reason of insanity”. The current and modern criminal law refers to persons found not criminally responsible on account of mental disorder and those found unfit to stand trial. These terms better reflect the reality, however, the law is not well-known and is often misunderstood. There remains a perception that a person who commits an offence and is found not criminally responsible gets away with their crime. This is not the case. There are consequences and in some cases they may appear to be more severe than where an accused is convicted.
The law governing persons found unfit and not criminally responsible on account of mental disorder does provide consequences: usually treatment and supervision that can last indefinitely, and for some, detention in a secure psychiatric facility.
Part XX.1 of the Criminal Code provides a comprehensive regime to regulate effectively and equitably the supervision and treatment of a mentally disordered accused and the protection of public security.
I indicated that this area of the law is not well understood, even by some lawyers. For victims of criminal acts, criminal law and the criminal justice system are generally overpowering, complex and often daunting. Victims rarely need to know the law until they find themselves at the core of the justice system.
When an accused is found to be unfit to stand trial or not criminally responsible on account of mental disorder, victims of criminal acts are even more confused and are confronted with more obstacles in their pursuit of justice.
Victims of crime desire and deserve information about the justice system and about the case in which they are personally involved. Law reforms, as well as changes in policies and expansion of services, have given victims a greater role in criminal proceedings.
For example, amendments to the Criminal Code in 1988 introduced the notion of the victim impact statement as a mechanism for victims of crime to describe the harm or loss suffered because of the crime. Publication bans to protect the identity of sexual assault victims were also enacted in 1988.
Criminal Code amendments over the last 15 years have further enhanced the role of victims of crime while respecting the rights of accused persons.
In response to the 1998 report of the Standing Committee on Justice and Human Rights, “Victims' Rights: A Voice, Not A Veto”, the government enacted a package of reforms in the Criminal Code in 1999 to, among other things, ensure the victims were made aware of the opportunity to submit a victim impact statement.
We also wanted to make sure that the safety of the victim was considered in the judicial interim release decisions, fix the amount and clarify the automatic imposition of a victim surcharge, and allow judges discretion to order a publication ban on the identity of any victim or witness where necessary for the proper administration of justice.
The 1999 amendments also apply to the victim of an offence committed by an accused who is suffering from mental disorder, and they provide for the preparation and presentation of a statement by the victim to the court or the review board at a hearing to make a decision, under section 672.541, in the case of an accused who is not criminally responsible on account of mental disorder.
The court or the review board shall take into consideration any statement filed “to the extent that the statement is relevant to its consideration of the criteria set out in section 672.54”. However, in each case, it is the victim who will decide whether he or she will prepare and file a statement.
The victim impact statement is provided for in subsection 672.5(14) which states:
A victim of the offence may prepare and file with the court or Review Board, a written statement describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.
Where an accused person is found not criminally responsible on account of mental disorder, the review board decides how the accused is to be supervised.
Victims of crime have been overlooked in many cases and receive little information about what will happen next, how their safety concerns will be addressed or whether they will have any role or access to any information.
The standing committee in its review of Bill C-10 considered additional amendments to enhance the role of the victim. The committee heard several witnesses, some who advocated for a greater role for victims and others who were not supportive of the victim interests. The committee clearly rejected the submissions of those who sought to restrict the victim's role. The committee also considered the existing code provisions and other measures that should be addressed in policy rather than legislation to improve the response to victims.
The amendments included in Bill C-10 would enhance the role of victims of crime where the accused was found not criminally responsible on account of mental disorder. However, the new provisions for victims fully respect the differences between the law the governs a person who is criminally responsible, convicted and sentenced and those who are not criminally responsible.
The accused found not criminally responsible on account of mental disorder is not held accountable for his or her conduct, and the appropriate disposition in section 672.54 must take into account several factors, including the need to protect the public, the mental condition of the accused and the reintegration of the accused into society. The impact of the crime on the victim may be relevant only to some of the criteria. Where the court or review board is considering a conditional discharge, the victim statement may be relevant to the crafting of particular conditions, for example, that the accused not contact the victim or that the accused not go to certain places. There also may be benefits to the victim of submitting a victim impact statement, even where the accused's condition is unchanged.
Again, I should point out that the administration of justice and the delivery of services to victims come under the jurisdiction of the provinces. The services provided to victims in the administration of justice are also provincial responsibilities.
The provision of forms for the victim's statement, the assistance provided to the victim to help him or her fill out the forms, the gathering and presentation of the statements to the Crown or to the court are generally managed through the provincial victim services programs.
The standing committee in its 2002 review recommended that courts or review boards conducting a review hearing notify the victim where the victim had indicated interest in receiving such notification. Bill C-10 includes provisions to require a court conducting an initial disposition hearing or a review board conducting the initial disposition hearing where the court has not to inquire of the crown or the victim whether the victim has been advised of the opportunity to prepare a statement. As a result of an amendment passed by the committee, notice of the hearing and of the relevant criminal code provisions, including the victim impact statement provisions, will be provided to the victim. The manner and time for the notice will be established by the rules of the court or review board. Other non-legislative initiatives are required to inform victims of crime about the provision of the code which apply to them and about relevant dates of proceedings, the terms of a disposition and other essential information.
Let us not forget that the victim should, until the accused has been declared not criminally responsible, benefit from the implementation of all the provisions of the code that are aimed at facilitating victims' participation and at protecting their safety and private life. It is only once the accused has been declared not criminally responsible that the implementation of the code's new special provisions is necessary to ensure the victim's participation in the hearings of the review board.
Bull C-10 also includes the following provisions, which seek to strengthen the role of victims of criminal acts.
Victims would be permitted to orally present their victim impact statements at the review board hearing. The statement would be prepared in advance and the victim could read it aloud or in some cases present it in another manner.
Following the delivery of the verdict of not criminally responsible on account of mental disorder, the court or review board chairperson must ask the Crown, victim or victim representative whether the victim has been made aware that he or she can submit a victim impact statement.
The first hearing may be adjourned to allow the victim to prepare a statement, if he or she so wishes. The review boards will have new powers allowing them to impose a publication ban on the identity of the victims and witnesses, when this serves the interests of justice.
As a result of a committee amendment, at the victim's request, notice of the hearing or other code provisions would be given to the victim. Rules of the court or review board would be set out how this notice should be provided.
Also, as a result of an amendment passed by the committee, review boards would be required to provide a specific notice to victims where, based on an assessment report of the accused that indicates an improvement in the conditions of the accused, they anticipate the accused would be given an absolute discharge or conditional disposition. The victim would then be advised of the opportunity to prepare and submit a victim impact statement.
To the extent possible, Bill C-10 includes provisions for victims similar to those of the Criminal Code that apply when an accused is found guilty and is sentenced.
The government places a high priority on addressing the concerns of victims of crime. This is shared by all members of the House, and was reflected in the improvements made by the standing committee to Bill C-10. The amendments to Bill C-10 are a contribution of the evolution in our justice system that recognizes the roles of victims of crime.
I would encourage hon. members to support Bill C-10. I believe that these amendments provide greater protection for mentally disordered accused persons and a greater role for victims of crime.