Mr. Speaker, I am pleased to take part in the second reading debate on Bill C-37, the Increasing Offenders’ Accountability for Victims Act, which concerns victim surcharges.
As hon. members are aware, the government is determined to help victims of crime and make offenders accountable for the harm they have caused victims and law-abiding citizens.
Bill C-37 would help make offenders accountable by doubling the amount of the victim surcharge to be paid by offenders and making sure that the surcharge is imposed automatically in all cases.
The government is continuing to deliver on its promises regarding the concerns of victims of crime. In our electoral platform, we made a commitment to make amendments to the Criminal Code that would double the amount of victim surcharges and make their imposition mandatory in all cases, without exception. The government reaffirmed this commitment in the Speech from the Throne, and we have done exactly what we promised to do.
Victim surcharges form part of an offender’s sentence and they are consistent with the sentencing principles in the Criminal Code. They provide reparations for the harm done to victims and to the community and promote a sense of responsibility in offenders.
The amount of the victim surcharge has not increased since the year 2000. Moreover, we know that the surcharge is not imposed in all appropriate cases. This is unacceptable, and our government is determined to make offenders accountable to their victims.
The bill aims to remedy these shortcomings in a number of ways. First, it proposes doubling the amount of the federal victim surcharge by making it 30% of the fine imposed on the offender for the offence. If no fine is imposed, the surcharge will be $100 in the case of an offence punishable by summary conviction and $200 in the case of an offence punishable by indictment.
I would like to underscore the fact that the sentencing judge also has the discretionary authority to impose an even higher surcharge if circumstances warrant and if the offender has the means to pay it.
Second, the bill removes the discretionary authority of the sentencing judge to waive payment of the victim surcharge if it constitutes undue hardship for the offender or his or her dependents. However, the bill allows offenders to pay the surcharge under fine option programs in provinces and territories where such a program exists.
Fine option programs for adult offenders have been set up in all territories and in all but three provinces. Fine option programs for young offenders exist in two territories and in all but four of the provinces. This type of program enables offenders to pay their fine by working at the minimum wage.
In her most recent report entitled “Shifting the Conversation”, the Federal Ombudsman for Victims of Crime recommends that the victim surcharge be mandatory in all cases, without exception. Other victims’ rights advocates have made the same recommendation.
The proposed amendments to the Criminal Code would make it possible to ensure that all convicted offenders are given a sentence that makes them accountable to the victims of crime and the members of communities.
As hon. members are no doubt aware, provincial and territorial services providing assistance to victims are partly funded by money coming from federal victim surcharges. The amount that is collected and held by provincial and territorial governments is used to defray the costs of the program and to provide the victims of crime with support services in the province or territory where the crime was committed. The federal government receives no money from federal victim surcharges.
The introduction of this bill builds on previous actions by the government to ensure that victims have a stronger voice in the criminal justice system and that they have better access to the available services.
In fact, doubling the victim surcharge is intended to complement the other measures taken by the government to help the victims of crime.
In budget 2011, the government renewed the annual $13 million funding for the federal victims strategy. In budget 2012, the government made a commitment to grant additional funding to the victims fund. On April 23, the Minister of Justice announced an additional $7 million over five years for the victims fund.
The federal victims fund now amounts to some $11.6 million a year that goes to provincial and territorial governments, to victims support agencies and to other partners in order to provide support for services, projects and initiatives that promote access to justice and a greater awareness of the services available to the victims of crime and their families.
Under the victims fund, the following activities and projects, to name just a few, will be carried out in Canada: in Newfoundland and Labrador, it will be easier for victims to attend sentencing hearings and to present victims’ impact statements.
The courtrooms will also be adapted for children in order to help the most vulnerable victims and witnesses to crime when they take part in legal proceedings.
In New Brunswick, the parents of child victims of sexual assault will have access to better services; public legal education and information resources will be updated and widely distributed in order to help children and other vulnerable victims; and access to services for adults who were sexually assaulted in childhood will be improved.
In Saskatchewan, law enforcement personnel will receive training that will enable them to recognize the victims of hate crimes and provide them with assistance; and the province’s courtrooms will be endowed with devices making it easier for children and other vulnerable witnesses to provide evidence.
In Yukon, victims who live in rural areas will have better access to assistance providers in communities served by circuit courts.
In Alberta, access to assistance services by victims living in remote rural areas will be improved.
In Prince Edward Island, the protocol for dealing with sexual assault of children will be updated and the officers working directly with children and young victims will be given training. Solid relationships will be established with the child advocacy centre at the Izaak Walton Killam health centre in Nova Scotia in order to improve support for child victims and their families.
Public legal education and information material will be drafted and published in 18 languages in the various communities in Manitoba.
Specialized training to deal with the trauma and crime victimization that is specific to Nunavut will be developed and distributed and new ways will be sought to help the victims of crime in the community.
In Ontario, victims of crime in remote communities will have better access to a wide range of specialized services.
These are only a few examples of the excellent work being done throughout Canada to provide assistance to the victims and improve their experience with the criminal justice system.
In addition to the funding granted by the victims fund, the money from victims surcharges will also make it possible to help provinces and territories provide services to the victims under their jurisdiction. This is an excellent example of federal, provincial and territorial co-operation on issues of very great importance to all levels of government.
I would also like to draw the members' attention to the 2012 National Victims of Crime Awareness Week that was held from April 22 to 28 this year. This year's theme was "Moving Forward" and it focused on the devastating impact of crime on the lives of victims and their need to be treated with compassion and respect for their dignity.
The theme also underlined the work accomplished by the various levels of government as well as by the dedicated professionals and volunteers who provide services to the victims to help them move forward and rebuild their lives.
The federal victims fund provides funding to victims' services organizations in all provinces and territories in order to hold more than 160 important events during National Victims of Crime Awareness Week.
I hope the honourable members were able to take part in the activities that were held in their riding in support of the important work being carried out by victims' services organizations and to see first-hand the courage and resilience of victims of crime.
I urge all members in this House to support this bill, because we must help the victims of crime in every way possible in the hopes of facilitating their recovery.