House of Commons Hansard #212 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was justice.

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(The House divided on the motion, which was agreed to on the following division:)

Vote #362

Justice for Victims of Corrupt Foreign Officials ActPrivate Members' Business

6:50 p.m.

Liberal

The Speaker Liberal Geoff Regan

I declare the motion carried.

(Bill read the third time and passed)

It being 6:54 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

6:55 p.m.

Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

moved that Bill C-343, An Act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain Acts, be read the second time and referred to a committee.

Mr. Speaker, I am very proud to rise in the House today for the second reading of my first private member's bill, Bill C-343, an act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain acts.

The position of ombudsman for victims of crime was created in 2007. Like the ombudsman for the Department of National Defence and the ombudsman for offenders, or correctional investigator, the ombudsman for victims of crime exists for a reason: to defend the rights and interests of those in need of such advocacy.

Unlike the other federal ombudsmen, the ombudsman for victims of crime currently operates under a Justice Canada program and therefore is not independent from that department.

The main goal of Bill C-343 is to make the position of ombudsman for victims of crime equal to the position of correctional investigator. Commonly referred to as the ombudsman for offenders, the correctional investigator is federally appointed and operates at arm's length from the Department of Justice, unlike the ombudsman for victims of crime.

The ombudsman for victims of crime is currently not independent from the Department of Justice and is required to submit all her annual reports to the department instead of Parliament. Accordingly, if the ombudsman for victims of crime makes a recommendation or criticism in her report that is unfavourable to the Department of Justice, the department can remove it from the report at any time and thereby directly circumvent one of the chief purposes of the ombudsman for victims of crime, which is to be a voice for the victims and represent their rights and interests.

For victims of crime, having a voice and fair and equitable representation before the Department of Justice is critical to their healing process, which is all too often a difficult one. After experiencing a terrible trauma that is incredibly hard to survive, victims far too often have to fight to get their rights recognized at every stage of their journey.

The road to rehabilitation and healing is long and daunting. Victims have to provide a statement and testimony at trial, they have to be able to understand and digest all the legal jargon, and they might have to challenge a ruling. They also have to duly fill out a multitude of forms, even just to have the right to receive information.

Given that the ombudsman's responsibilities have significantly evolved since the position was created in 2007, particularly with the enactment of the victims bill of rights in 2015, it goes without saying that the rights of victims of crime must be respected and that, if they are not, the ombudsman for victims of crime must be able to properly represent those victims, independently of the Department of Justice. That is particularly true when a problem arises that is directly related to the department in question.

The rights of victims of crime are grouped under four categories in the bill of rights: the right to information, the right to protection, the right to participation, and the right to restitution.

It is important that the Canadian Victims Bill of Rights be updated to make the ombudsman for victims of crime an agent of Parliament who is independent from the minister and who is responsible for providing feedback and oversight.

For victims of crime, having an independent body to protect their rights is a matter of survival. All aspects of the Canadian justice system need to be fair and equitable.

Victims of crime and criminals must have equal rights, and ombudsman positions must also be equally independent.

Making the victims' ombudsman as independent as the criminals' ombudsman would be a big step in the right direction in proving to victims that they matter, and that all members of the House agree that it is unfair that in 2017, victims' rights are still not given the same importance as the rights of the criminals who destroyed their lives, that this must end, and that we need to give ourselves the legislative tools necessary to do just that.

For victims, passing Bill C-343 would ensure that the federal ombudsman for victims of criminal acts will operate at arm's length from the Department of Justice, and this is critically important to all victims. The ombudsman could do a better job of defending the rights and interests of those victims when they file a complaint against federal departments, particularly the federal Department of Justice.

I invite my colleagues to imagine themselves as someone who has suffered a terrible trauma after being victimized by a violent crime, someone whose basic rights enshrined in the Canadian Victims Bill of Rights have been violated during the court proceedings and who now wants to file a complaint against the federal Department of Justice. After a quick search on the Federal Ombudsman for Victims of Crime website, they will soon realize that that office is an agency of the Department of Justice, and therefore an extension of the same department that is responsible for the wrongdoing.

Let us put ourselves in the shoes of a victim who thought they could rely on solid representation before the courts, when in fact they cannot count on the independence of the ombudsman representing them to the same extent as our soldiers and even criminals can count on their ombudsman. Who can such a victim turn to?

A very important part of the ombudsman's work involves identifying issues that affect victims of crime and issuing recommendations to help the federal government make its laws, policies, and procedures more compassionate toward victims.

The ombudsman must also help criminal justice system personnel and decision-makers develop a better understanding of victims' needs and identify systemic issues, some of which are created by the Department of Justice itself, that can have negative repercussions on victims. I believe that this part of the ombudsman's job is crucial for victims, and I have to wonder whether it can be done properly without full independence.

Not being fully independent makes things difficult for both the victims ombudsman and victims themselves. Trying to defend clients' interests before the Department of Justice without the independence and power to conduct a formal investigation to determine whether a complaint is legitimate and make recommendations to right a wrong is frustrating for the ombudsman, and it is frustrating for victims too.

Victims of crime deserve strong and independent representation. It should be a fundamental right, a right that criminals have always had. By passing Bill C-343, the position of ombudsman for victims of crime will no longer be a program. The victims are calling for a meaningful recognition of the office to ensure its long-term existence.

The time has come to make the victims ombudsman an agent of Parliament. Passing Bill C-343 provides the current government with an ideal opportunity to strengthen its position on transparency in the selection process for this type of appointment. Passing Bill C-343 is an opportunity to send a strong message to victims of crime.

In other words, everyone here in the House believes that it is high time we gave victims of crime equal rights relative to the rights of criminals, and that their recognition is in no way partisan. Every party is concerned about the well-being of victims. This is not a one-party issue.

In closing, for victims of crime and their loved ones, I hope that every member will support Bill C-343.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:05 p.m.

Liberal

Michel Picard Liberal Montarville, QC

Madam Speaker, I commend my colleague for her work on the extremely delicate subject of the importance of supporting victims of crime. I thank her for her attention to their cause.

However, I have an issue with this bill as drafted, and I would like to hear more from her about it. My concern is that saying the bill is intended to make this institution independent implies that it is not already, and seems to cast aspersions on the ombudsman's expertise and judgment and the department's ability to properly manage its affairs.

I know from experience that a number of departments have welcomed recommendations issued by various organizations and that the resulting collaboration, on matters of public safety or other issues, has always benefited Canadians.

Why, then, seek to make the ombudsman independent, when doing so casts a pall on the credibility of the system in its current form?

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:05 p.m.

Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, let me be clear: no aspersion is intended.

My bill calls for the position of federal ombudsman for victims of crime to be equal to the position of correctional investigator, which operates at arm's length from the Department of Justice. I am only asking that the ombudsman for victims of crime be granted the same independence.

Let us put ourselves in the shoes of a victim of violent crime. How can we defend both the widow and the orphan? I want the ombudsman for victims of crime to report to Parliament, not just to the department. When a complaint is made, the ombudsman needs to be able to tell us about it.

All the other ombudsmen, such as the ombudsmen for national defence and for offenders, operate at arm's length from the relevant departments. They report to the House, not to the departments. That is exactly what my bill seeks to achieve. I am not putting down the work of the ombudsman in any way. I only want the position to be independent. Being at arm's length from the system enables an ombudsman to—

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:05 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order. There are only five minutes remaining for questions and comments, so there should be time for at least one more question.

The hon. member for Abitibi—Témiscamingue.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:05 p.m.

NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Madam Speaker, the bill provides for that independence, but it also makes the position permanent. It would therefore no longer be just a program but a permanent, independent office.

I would like to know what impact that could have on the office, particularly in terms of hiring qualified staff.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:10 p.m.

Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, the ombudsman position already exists. We just want it to be independent. This will not cost anything since the office already exists. We want the ombudsman to be able to work independently, like every other ombudsman.

Every ombudsman position that has been created has become independent. They are accountable to Parliament, not just to departments. This bill is very important for victims of crime.

I was fortunate, or perhaps unfortunate, to come from a family of police officers and prison wardens, so I have seen a lot of victims of crime. They are the ones who are asking us to make the ombudsman position independent.

This is not a partisan issue. It concerns every party. Whatever government is in office, this ombudsman would be independent and would be free to stand up for—

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:10 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member's time has expired.

Resuming debate. The hon. Parliamentary Secretary to the Minister of Justice and Attorney General of Canada.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:10 p.m.

Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I want to begin by congratulating my colleague on all her hard work on this bill.

I am pleased to speak to Bill C-343, an act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain Acts. This bill has been sponsored by the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. It seeks to establish a new office for the federal ombudsman for victims of criminal acts.

As I am sure all members know, there is already an Office of the Federal Ombudsman for Victims of Crime. It has been in place since 2007, and Sue O’Sullivan has very capably undertaken the role of federal ombudsman for victims of crime since 2010. The new office proposed by Bill C-343 would entail a drastic expansion of the role, mandate, and powers of the federal ombudsman for victims of crime.

While I support the need for a federal office for victims of crime, I cannot support this new, proposed office for the following three reasons.

First, the bill would require additional resources, beyond those currently provided, to establish a new department for the victims ombudsman. This issue was raised on a point of order by the Parliamentary Secretary to the Leader of the Government in the House of Commons on May 12, who reminded us that section 54 of the Constitution requires that bills that appropriate any part of the public revenue must be recommended to the House of Commons by the Governor General. Standing Order 79(1) similarly prohibits the House from passing any bill that requires the appropriation of funds without the support of the Governor General. He also noted at the time that the bill would attempt to circumvent the requirement for a royal recommendation by tying it to a coming into force clause. Bill C-343 would establish a new office, which, according to precedent, may require a royal recommendation.

The second reason, unfortunately, I cannot support the bill is that it would make the federal victims ombudsman an agent of Parliament. Agents of Parliament have broad powers they are able to exercise at their own discretion. They do not require the approval of parliamentarians for their actions, and there is no avenue for members of Parliament or senators to direct their activities.

There are currently only eight officers of Parliament whose roles include the Auditor General, the Chief Electoral Officer, and the Privacy Commissioner.

The sponsor of Bill C-343 states that the bill would make the powers of the victims ombudsman equal to those of the correctional investigator in terms of independence and accountability to Parliament. This is, in fact, incorrect. The correctional investigator is not an agent of Parliament. Rather, the correctional investigator is appointed by the Governor in Council.

While the sponsor has noted that the responsibilities of the victims ombudsman have evolved since the coming into force of the Canadian Victims Bill of Rights, this does not justify elevating the victims ombudsman to the position of an agent of Parliament who would enjoy largely unrestricted independence. The victims ombudsman is already able to provide a second level of review for alleged infringements of victims' rights under the Canadian Victims Bill of Rights once the internal complaints mechanisms of federal departments have been exhausted. A new agent of Parliament should not be created without first undertaking a rigorous analysis, and unfortunately, in this case, such an analysis has not been carried out.

The third reason I cannot support Bill C-343 is that it proposes new and unrestricted investigatory powers and an overly broad mandate for the victims ombudsman. The bill's proposed mandate would allow the ombudsman to investigate complaints against any federal department. The ombudsman's current mandate allows for investigations of complaints related to the Corrections and Conditional Release Act, or CCRA, as it is known, and the Canadian Victims Bill of Rights. This is in keeping with the limited number of statutes and programs for victims of crime at the federal level due to the constitutional division of powers. This is also in keeping with the powers of other ombudsmen.

The overly broad mandate proposed by Bill C-343 raises concerns regarding an overlap between the mandate and duties of the victims ombudsman and other federal ombudsmen or oversight bodies. For example, the Canadian Armed Forces has its own ombudsman. Similarly, the victims ombudsman currently does not have the authority to review complaints regarding the RCMP, as this is the responsibility of the Civilian Review and Complaints Commission. It would be unwise to create a regime that could undercut or interfere with other oversight bodies that already exist.

As I mentioned, the bill's sponsor states that Bill C-343 is modelled on the correctional investigator, who is responsible for investigating and addressing complaints of federally incarcerated offenders. The investigatory powers granted to the correctional investigator are necessary due to the nature of the complaints being investigated, which can include allegations of mistreatment and human rights violations. The need for such broad investigatory powers does not exist for the victims ombudsman, who operates in a substantially different context. The role of the victims ombudsman is closer to that of other federal ombudsman, such as the veterans ombudsman, who does not have the power to compel documents or sworn testimony.

Our government is committed to a criminal justice system that keeps communities safe, protects victims, and holds offenders to account for their actions. Our government's ongoing support for the victims ombudsman is one such example of this commitment. However, I cannot support this bill for the significant substantive and procedural reasons that I have just highlighted.

Any proposals for changes to the ombudsman's mandate should be informed by evidence, rather than speculation. I am not aware of any evidence, such as an evaluation of the office of the victims ombudsman, that demonstrates any shortcomings in the current mandate of the ombudsman or that officer's ability to carry them out. In fact, as the numerous reports released by the ombudsman's office shows, the ombudsman's mandate has allowed for a broad range of work in the criminal justice and corrections systems in order to effect change for victims of crime since the office was first established in 2007.

I am also unaware of any evidence supporting the need to grant the ombudsman the additional discretion and independence that comes with an officer of Parliament position.

I am also unaware of any evidence supporting the need to grant the ombudsman the additional discretion and independence that comes with an agent of Parliament position.

An evaluation of the office of the victims ombudsman would allow for a measured consideration of the need for changes to the ombudsman's mandated powers. It would also allow for a careful assessment of the office of the victims ombudsman's current arm's-length relationship with the Department of Justice in order to determine if further independence would be required. In the absence of an evaluation of the current office, there is insufficient evidence to support a broad expansion of the ombudsman's mandate as proposed in the bill.

For all those reasons, in spite of all of the work of my hon. colleague, which I began by commending at the outset of my remarks, unfortunately we on this side are not able to support it. I would encourage all my colleagues to vote the bill down.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:20 p.m.

NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Madam Speaker, I am very pleased to have the opportunity to speak to this bill because I believe that victims' issues are of utmost importance.

The bill that my colleague from the Quebec City region introduced addresses this issue. The ombudsman's office is currently a program within the Department of Justice. My colleague's bill will make that program a permanent, independent office. It will no longer be merely a Justice Canada program. The office will be much more independent. I think this is a very good idea, especially when the ombudsman has to intervene regarding problems within the Department of Justice itself. With more independence, the ombudsman will be able to do that properly.

I think this is a very good bill that really deserves to go to committee. I am sure there are probably other repercussions, but I think the committee can get to the bottom of that. I sincerely hope this bill will make it to committee.

It is important to give the ombudsman's office more independence because that will facilitate victims' access to federal programs and services. Once we have examined the bill more closely and maybe amended it to make it even better, it will achieve that goal.

I think it is important to point out that, too often, indigenous victims get completely overlooked. I believe that making the office of the ombudsman more independent would allow it to provide more assistance to indigenous victims of crime. Indigenous communities are often very isolated. Unlike other Canadians, the people who live in these communities cannot just go to the nearest courthouse for information. They have to get their information online or over the phone in a language that is not their mother tongue. That is why I believe it is especially important to highlight the circumstances indigenous victims often get trapped in. Whereas criminals with limited means are entitled to legal aid, victims are often left to chase down information for themselves and struggle to understand what is going on. Unfortunately, this can make victims feel overlooked.

Given the badly mismanaged missing and murdered indigenous women inquiry going on right now, I understand why indigenous victims fear and distrust the Canadian justice system. An independent ombudsman's office would be able to help them get more justice. It would also be in a position to issue recommendations so these women can get more resources and support and the reality of small communities can be better understood.

For people who live in Waskaganish or in the small village of Kangiqsualujjuaq in my colleague from Abitibi—Baie-James—Nunavik—Eeyou's riding, the courthouse is not next door. There are no victims services in their community. What is more, victims of crime committed locally might be forced to live with the person who committed the crime or with that person's family, which makes the situation even harder for a victim living in those communities. They might want a bit of privacy, but everything is out in the open in those communities. That is tough to go through.

I think that the ombudsman could focus specifically on the issue of services provided to indigenous victims who live in those communities. With greater independence, the ombudsman will not be afraid to make recommendations calling for swift action from the Department of Justice. That might be a bit harder to do for someone who is not fully independent.

Then, we might manage to truly improve the lives of women living in the north, but also of men who might be victims of crime.

We see what is happening with the Jordan decision, where criminals are being released without punishment. Lack of access to justice in the north is already an extremely complicated problem. Having a more independent and effective ombudsman whose term is secure will go a long way to improving justice in the north. I think it is worth sending this bill to committee so that we can truly understand how beneficial this role can be. By passing a bill like this one we might bring more justice to people who are far too often forgotten in our current justice system. I am talking about first nations in northern Quebec, but also across Canada.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:25 p.m.

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, what a pleasure, honour, and privilege to speak to this bill introduced by my colleague, the very patient and very committed hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. Toward the end of my comments, I will have a chance to touch on the circumstances surrounding this bill, but especially the circumstances surrounding that member's commitment.

Bill C-343 seeks to establish the office of the ombudsman for victims of crime. It is not written anywhere, not in any bill, civil code or criminal code, but there is a principle of justice whereby justice must be served, but most of all there must be the appearance of justice. That is exactly what this bill is trying to do.

We acknowledge that there has been an ombudsman for victims of crime in Canada since 2007. However, as the hon. member who introduced this bill said so well, the ombudsman is an honourable person who is diligent, earnest and professional, but unfortunately is in a conflict of interests. Why? Because the ombudsman works under the authority of the Department of Justice.

Because of the painful situation they are in, victims of crime may understandably have grievances against the Department of Justice. As a result, the ombudsman, despite all of his good will and professionalism, as well as the thoroughness, intensity, and quality of his work, finds himself in a conflict of interest when it comes time to determine whether the Department of Justice did its job properly.

That is the spirit in which the member introduced the bill now before us. The bill seeks to ensure that the ombudsman is independent from every level of government, organization, and service that victims may be in contact with.

It is a bit like saying that the ombudsman will now report to judges. That would not work. If victims feel as though they have been mistreated by a judge, that would constitute a conflict of interest. It would also not work to have the ombudsman report to crown prosecutors, defence lawyers, or the prison service. The ombudsman needs to be completely independent since he protects victims of crime.

When I read the bill introduced by the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, I was surprised to learn that this was not already the case because it just makes sense. How can the protector of victims of crime not be independent? It goes without saying that such should be the case. Therein lies the genius and the wisdom of this bill. It implements a fundamental principle of justice: independence.

We must protect that basic principle, and this bill not only protects it but literally enshrines it in the very definition of the ombudsman's role and, most importantly, puts victims of crime first.

As the member explained very clearly earlier, the Canadian Victims Bill of Rights recognizes four categories of rights: information, protection, participation, and restitution.

All four are very present in this bill, which will ensure that victims get relevant information when they feel they need help from the ombudsman. Protection is critical, and anyone who has been in contact with a victim of crime knows very well that the first thing they ask for is protection. Victims have already been victimized, and they do not want to be victimized again by the system or, worse still, by the person, people, or institution that victimized them in the first place. That is why this right is such a prominent part of the bill before us.

The bill will also ensure participation by all stakeholders, especially victims, and it includes the restitution element, which is very subjective, of course.

That is precisely why we need to have an office that will rigorously, but above all independently, handle the requests of victims of crime. In 2007, when a parliamentarian decided to introduce this bill, that was merely the beginning. It goes without saying that experience leads us to want to make changes, but when I hear the government's argumentation, I think it is unfortunate, perhaps even suspicious, with all due respect.

First of all, the Liberals argue that this is an insult to the current ombudsman, when that is not at all the case. On the contrary, we want to give the protector of victims of crime even more tools and powers so that the office can take meaningful action, and more importantly, remain independent. This is a fundamental part of our justice system.

Furthermore, contrary to what the government is suggesting, this will not require any additional money, since the ombudsman already has a team in place. With a budget of over $300 billion, the Government of Canada can certainly come up with the money needed to guarantee such a fundamental function, namely, the position of victims ombudsman.

The staff in the ombudsman's office are doing a fine job, but unfortunately, they are not independent, since they fall under the Department of Justice. We would simply need to put them somewhere else and change the name plate, which would not cost much. I am hardly exaggerating. Obviously this could be done. The cost involved should not be a concern.

Not to get too off-topic, but is it really the Liberal government saying we need to count every penny, the same Liberal government that is accumulating deficits 80% larger than it promised? The Liberals have no idea when the budget will be back in balance, yet they have the nerve to lecture us about spending. Let us take what they say with a grain of salt.

For all of these good reasons, we believe this bill should proceed to a clause-by-clause study so it can be improved in committee. The process itself demands it.

As I said earlier, it is an emotional experience for me to support this bill, because I have the privilege of being acquainted with its sponsor, the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. She was first elected in 2006, and as luck would have it, I was working as a journalist at the time, assigned to cover the federal election. I was in the basement of a restaurant in what is now the riding of Louis-Saint-Laurent when I spotted this brave woman, whom I had met during the election. She was accompanied by her leader, the Right Honourable Stephen Harper, the member for Bellechasse—Les Etchemins—Lévis, the member for Lévis—Lotbinière, the member for Beauce, and the rest of the team. They were all having fun celebrating their victory.

I will never forget this woman who was at a table with at most four other people, and who had just been elected by her peers. That is the beauty of democracy. These people worked hard, ran for office, offered their services, and were elected.

Without getting too melodramatic, I would remind my colleagues that this member was defeated in 2011. It happens. I have not experienced that yet, but it could happen one day, although I am in no hurry. What I am trying to say is that a setback in politics is no reason to give up altogether. On the contrary, the member ran again. She faced the popular vote in 2015, and the people of her riding, Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, placed their trust in her, which is to her credit.

In closing, this is a good bill that guarantees the independence of the protector of victims of criminal acts. That office protects us, and we need to ensure the independence of that institution. The office, as it is proposed in this bill, guarantees precisely that, and also ensures that Canada enjoys not only justice, but also the appearance of justice.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:35 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I rise today to address Bill C-343, and perhaps take a different approach on it.

I believe all members of the House understand that tragedies take place in all regions of our country. When there are victims, we want to extend whatever we can to assist them in whatever manner we can. For a number of years, when I sat in opposition, I would often talk about victims, understanding that when an offence took place, there needed to be a consequence. We have to be very sensitive to victims.

I served for many years as the chair of the Keewatin youth justice committee. We dealt with young offenders in the communities we represented, in a volunteer capacity. One of the things that sparked a great deal of interest was how we could assist victims. We had great discussions about restorative justice, believing this was one way to do that. The victim and the individual who has committed the offence are brought together and we try to build some sort of consensus as to what kind of consequence that youth should have to pay to make the victim feel there has been some justice. Even though we really did not get too heavily involved in that area, there was a great desire to pursue it.

When I have the opportunity to address issues of this nature, I always like to highlight that there are different ways to work with and support victims, understanding and appreciating in many ways some of the things victims have to go through. Therefore, I have a great deal of sympathy in dealing with these types of issues.

We should be looking at ways to prevent victims from becoming victims in the first place. We can do that through different types of programs and promotions, for example, getting young people more involved in different types of programs. We all have a responsibility, as local members of Parliament, to encourage and promote this, and to get citizens involved as much as possible.

I was always a very strong advocate for community policing and programs like the neighbourhood watch. In fact, we have the Bear Clan in Winnipeg's north end. It is well served by that group of outstanding citizens, who are volunteers and committed to improving conditions and making our communities a safer place, and thereby, in many ways, preventing individuals from becoming victims. Other groups are working within our communities, and most often it is in a volunteer capacity. I truly applaud their efforts and the types of things they do to make their communities safer.

With respect to Bill C-343, I did get the opportunity, back in April or May of last year, to make reference to the fact that there was a cost to the implementation of the bill. Both Conservative members have attempted to address that issue. From the government's perspective, there is a significant cost factor to what has been proposed, and it would require a royal recommendation. Collectively, we need to be somewhat concerned about that. If we say that bills that have a cost to them do not require royal recommendation, we open up a whole new window. We know the former prime minister and House leadership team of the Conservative Party would never have supported that.

This is something we have seen as a parliamentary tradition in the House. Therefore, I think it is legitimate to raise concern with respect to that issue.

It is also important to get a sense of what it is we are talking about with respect to the bill, and what is being asked by the member opposite. The current Office of the Federal Ombudsman for Victims of Crime was established back in 2007.

The current ombudsman was appointed by Governor in Council. We know that. The ombudsman currently deals with complaints of victims regarding compliance with the Corrections and Conditional Release Act; promoting awareness of the needs and concerns of victims, and the laws that benefit victims of crime; identifying and reviewing emerging and systemic issues, including those related to services and programs administered by the Department of Justice and Public Safety Canada that impact negatively on the victims of crime; and facilitating access of victims to federal programs and services by providing information and referrals. It also includes things such as examining any matter that relates to his or her powers, duties or functions, which is like a catch-all.

My colleague, the Parliamentary Secretary to the Minister of Public Safety, questioned if there has ever been any sort of an analysis done. Where does the member across the way get the information to say that this office should now become an agent of Parliament? I do not think that she has made the case as to why that should happen.

If we look at the numbers, there are a significant number of files that the ombudsman has ultimately looked at and reviewed. All in all, I believe that the office has done a fairly decent job at representing the interests of victims, and no doubt will continue to do so. However, I do not believe there has been an argument with respect to why it is that the office should become an agent of Parliament, given the fact that it has been there for almost a decade.

From what I understand, there has not been any thorough analysis, report, or ask for that to be the direction for that office to move in. That is something that would definitely be warranted before we want to move forward. That is not to minimize the thoughts of the member opposite on the issue, but to say there needs to be a lot more work done on the issue. We need to have a better understanding of what is taking place, and an appreciation of the actual numbers, as has been pointed out with respect to the correctional investigator.

As there are other ombudsman offices out there, what about the potential crossover of responsibilities? That is something we feel has not really been addressed. The member should be looking at some of those numbers. For example, we know that in one year there were 453 contacts for which there were files opened. Half of those files, some 224, involved some form of a complaint. If we look at the Office of the Correctional Investigator, it responded to 25,600 contacts, over 6,500 complaints from federal offenders, and it conducted over 2,000 offender interviews.

It is really important that we get a better understanding of the role the member across the way is envisioning, but for now it is best that maybe we not see the bill go further but rather for the member to give it—

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:45 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Unfortunately, the member's time is up.

Resuming debate, the hon. member for Lévis—Lotbinière.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:45 p.m.

Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Madam Speaker, I am very pleased to rise in the House this evening for the debate at second reading of a private member's bill. This bill was introduced by my colleague from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, with whom I have had the pleasure, honour, and privilege of working since 2006. I commend her for choosing to introduce this bill.

The position of ombudsman for victims of crime was created in 2007 by our former Conservative government. Every weekend, I hear nostalgic people say that it was a good government and that they look forward to the Conservatives' return to office in 2019.

As is the case with the ombudsman for the Department of National Defence and the ombudsman for offenders, the correctional investigator, the mandate of the ombudsman of victims of crime primarily involves standing up for the rights and interests of those who need such representation. Unlike the other federal ombudsman positions, the ombudsman for victims of crime currently operates under a Justice Canada program. The ombudsman is therefore not independent of the department.

Bill C-343 mainly seeks to make the position of ombudsman for victims of crime equal to that of the correctional investigator, commonly known as the ombudsman for offenders. The correctional investigator falls under federal jurisdiction and is independent from the Department of Justice, unlike the ombudsman for victims of crime.

Not currently being independent of the Department of Justice, the victims ombudsman has to submit all annual reports to the department, not to Parliament. If the victims ombudsman includes a recommendation or a criticism in a report that reflects poorly on the Department of Justice, the department can remove it from the report whenever it wants, thereby nullifying one of the main reasons the victims ombudsman exists, which is to be a voice for victims of crime and represent their rights and interests in Canada.

For victims of crime, having a voice and fair, equitable representation in dealings with the Department of Justice is vital to their healing process, a process that is difficult for so many. Not only must victims survive horrible, unspeakable trauma, they must also, in far too many cases, fight for their rights every step of the way through the process. From reporting a crime to testifying in court, they have to be able to understand and internalize all the legal jargon, challenge rulings, and fill out innumerable forms properly just to exercise their right to get information. Theirs is a long and difficult journey even as they go through the rehabilitation and healing process.

The ombudsman's duties have evolved tremendously since the role was created in 2007, most notably with the adoption of the Canadian Victims Bill of Rights in 2015. It goes without saying that the rights of victims of crime need to be respected. When they are not, the ombudsman for victims of crime needs to be able to enforce them adequately independently of the Department of Justice, especially when a problem arises that directly involves that very department.

The rights of victims of crime fall under four categories in the charter: the right to restitution, the right to participation, the right to protection, and the right to information. Every one of those rights is important. It is important that the Canadian Victims Bill of Rights be updated to make the ombudsman for victims of crime an officer of Parliament independent of the minister whose work the ombudsman is tasked with monitoring and assessing. I think that is clear, simple, and straightforward.

As hon. members might imagine, for a victim of crime, having their rights respected in an independent manner is a matter of survival. In Canada, our justice system has to be administered fairly and equitably for the entire population every step of the way. The rights of victims of crime should be equal to the rights of criminals, and ombudsman positions should also be equally independent. We are asking that victims have the same rights as criminals. That is not too much to ask in our country.

Unfortunately, here in Canada in 2017, that is not yet the case, either for victims' rights versus criminals' rights in the justice system or for the independence of each ombudsman position.

Making the victims' ombudsman as independent as the ombudsman for offenders would be a major step in the right direction. It would show victims that they matter and that every member in this House believes it is unjust, in 2017, for victims' rights to not always be considered as important as those of the criminals who destroyed their lives. It would send a message that this state of affairs needs to end and that we need to develop the necessary legislative tools to achieve that goal.

For victims, the passage of Bill C-343 will serve as a kind of legal recognition that the federal ombudsman for victims of crime is independent from the Department of Justice. This is of paramount importance to victims. The ombudsman will be better positioned to defend victims' rights and interests when they are filing complaints against federal departments, including the federal justice department.

For example, imagine for a moment a person who has been seriously traumatized as a result of a violent crime and whose fundamental rights, as set out in the Canadian Victims Bill of Rights, have now been violated in the administration of justice. She wants to file a complaint against Justice Canada, but when she goes to the website of the federal ombudsman for victims of crime, she discovers that the ombudsman is nothing more than a Department of Justice official, or an extension of that same department towards which she is already feeling distrustful.

How would the victim feel when she thought she could get some help and find someone to properly represent her before the department?

Who can victims of crime turn to and who can they trust if they cannot even count on the independence of their ombudsman like our troops can with theirs and like offenders can, too?

A very important part of the work involves identifying the issues that affect victims of crime and making recommendations to the federal government so that it can make its laws, policies, and processes more responsive to victims' needs. The ombudsman must make criminal justice system staff and decision-makers aware of victims' needs and identify any systemic issues that have a negative impact on victims, issues that are sometimes caused by the Department of Justice.

Act respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

7:50 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I am sorry to interrupt, but the hon. member's time has expired. He will have just over a minute left for his speech when this matter returns before the House.

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.

A motion to adjourn the House under Standing Order 38 deemed to have been moved.

Foreign AffairsAdjournment Proceedings

October 4th, 2017 / 7:55 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, earlier this year we received news that Saudi Arabia had been voted as a member of the United Nations committee charged with promoting and furthering the rights of women. Certainly, I think anyone in the House would be hard-pressed to defend Saudi Arabia as a champion of women's rights. A lot of people across the political spectrum in the House raised their eyebrows, and rightly so, at that decision.

The 72nd session of the United Nations General Assembly occurred in New York about two weeks ago. In his speech the new Secretary General spoke about the need for reforming the United Nations.

In this regard, there are related issues that we have been charged with here in the House in Commons, and certainly near and dear to my heart is the global response to the Yazidi genocide. It took many months for the House, government, and department of immigration to respond to the fact that Canada had not brought in any Yazidi genocide survivors. Even to this day, the number has been really low.

One of the questions related to UN reform was how the UNHCR, for example, works to ensure that victims of genocide who might be internally displaced make it onto their list, and that people in these cohorts are not discriminated against in their camps but their passage expedited. This is not a partisan discussion, but a reflection of the fact that the world has changed since the original refugee conventions were signed after World War II. When there are big big bureaucracies like the UN, they are slow to change. It is up to member states such as Canada to push to ensure that positive changes happen.

We have gone through the UNGA and heard the charge by the Secretary General to look at reform, and yet have seen the example of states such as Saudi Arabia becoming members of the Commission on the Status of Women at the UN. All of this really speaks to the soul of the UN and how we as a member state are pushing and advocating for change.

The government has signalled how keen it is to get a seat on the UN Security Council, which is one of the only bodies that can compel member states to do something. However, the government cannot just campaign to get on the Security Council, but should have an agenda, and I would like to see reform as part of that agenda.

If Canada is successful in its bid to get a seat on the Security Council, will the Liberal government stand up and oppose countries such as Saudi Arabia sitting on the women's rights commission, or North Korea sitting on the human rights commission? If the government were given this mandate, I want to get a sense of what it would actually do with it.

Foreign AffairsAdjournment Proceedings

7:55 p.m.

Fredericton New Brunswick

Liberal

Matt DeCourcey LiberalParliamentary Secretary to the Minister of Foreign Affairs

Madam Speaker, I thank my friend across the way for bringing this matter back to the floor for further debate, specifically as it relates to the election of Saudi Arabia to the UN commission on women's rights and this government's view of the importance of promoting women's rights and gender equality in all forms, both at home and abroad. Certainly, we have been clear that the protection and promotion of human rights is central to our foreign policy and that we will never hesitate to defend human rights, including women's rights, and promote gender equality in all fora around the world.

To answer the question the member opposite initially posed, the UN Economic and Social Council chooses the members of the Commission on the Status of Women. To be clear, Canada did not vote, as it is not presently a member of the UN Economic and Social Council. Saudi Arabia's regional candidacy was also uncontested.

The overall human rights situation in Saudi Arabia is certainly a source of concern. Specifically, we have concerns related to women's rights, minority rights, freedom of expression, and the widespread use of the death penalty. I can assure everyone that we raise those concerns at every opportunity and at all levels. We are well aware that there is still much progress to be made when it comes to human rights in Saudi Arabia.

I want to reiterate that our Prime Minister is, of course, a feminist. I am also proud that the Prime Minister, the Minister of Foreign Affairs, and the Minister of International Development announced $650 million in funding for women's sexual and reproductive health last March.

We know that empowering women, overseas and here at home, makes families and countries more prosperous.

Our government is committed to advancing gender equality, the empowerment of women and girls, and the promotion and protection of their human rights. Achieving gender equality requires changing unequal power relations and challenging social norms and gender stereotypes. That is why Canada is fully committed to renewing its national action plan on women, peace, and security.

As the member opposite cited, we are energetically pursuing a two-year term on the UN Security Council. We are seeking this seat because we want a safer and more prosperous world and because it will allow us to share our Canadian values, including those of feminism and the promotion of the rights of women and girls. These rights, as I said, are core to our foreign policy.

It is clear that Saudi Arabia has many challenges to address its human rights record, but that is why we are committed to continuing to make use of every opportunity to engage our Saudi counterparts to raise those concerns. In fact, that was the view of the hon. member's friend, the former Conservative foreign affairs minister, John Baird. He said:

Canada has an active partnership and candid relationship with Saudi Arabia.…We will maintain an ongoing, respectful dialogue with Saudi Arabia on a number of issues, including human rights.

Canadian officials engage both bilaterally and through multilateral forums such as the UN General Assembly, the Human Rights Council, and the Commission on the Status of Women. We will always stand up for the promotion of gender equality and women's rights as they relate to Saudi Arabia and all nations around the world.

Foreign AffairsAdjournment Proceedings

8 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, my colleague opposite talked about the government's commitment to ensuring the promotion of human rights around the world. Right now within the United Nations, only 2% of its budget is allocated to human rights promotion activities. I was shocked when I heard that number from several leading human rights experts. I believe there will be an international campaign to reallocate some of the UN's budget toward specifically human rights promotion activities within the UN. I think that will have huge international support.

To reiterate, or to put some meat behind my colleague's assertion that the government stands up for human rights, will he commit the government to working in the UN to ensure that a greater percentage of the budget, at least doubling that amount, is reallocated to the UN, specifically to human rights promotions?

Foreign AffairsAdjournment Proceedings

8 p.m.

Liberal

Matt DeCourcey Liberal Fredericton, NB

Madam Speaker, I look forward to working with my colleague as we pursue that UN Security Council seat. There is much that Canada has to offer, and no one side of the floor has a monopoly on what it can offer to the leadership that Canada can provide.

We know there is a state of uncertainty in human rights in certain parts of the world. We will continue to work hard to advance human rights, including women's rights, and that will continue to be a core feature of our engagement with Saudi Arabia.

As Canadians are well aware, this government believes in engagement as opposed to creating distance between countries. That is why we continue to be a champion of multilateral fora where, once again, we can espouse the Canadian values of gender equality, human rights, respect for the rule of law, and peaceful pluralism.

Royal Canadian Mounted PoliceAdjournment Proceedings

8 p.m.

NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Madam Speaker, much has changed since I asked my question about Bill C-7 last spring. The government accepted the Senate's amendments to the bill, and the legislation came into force last week.

However, the problems at the RCMP and at other federal law enforcement agencies across the country have not changed at all. In my riding of Kootenay—Columbia, at least two of our detachments are at 50% of their full complement. Many others are short-staffed and are working with outdated equipment.

Why is this so? It is because under the previous Conservative government and continuing with the current Liberal government, budget cuts have been aimed squarely at RCMP members on the ground. The Conservatives even increased the amount RCMP officers had to pay for their medical benefits.

In New Brunswick last week, we saw the RCMP itself convicted of failing to provide its members with the weapons and training needed when responding to an active shooter tragedy. That failure contributed to the loss of three officers, and resulted in other officers being injured.

The RCMP is losing members to provincial and municipal forces where they receive better pay, better equipment, and better treatment. It takes incredible commitment for any officer to stay with a force that cuts their benefits, and will not keep up with critical equipment and training needs or offer them the respect they so rightly deserve. I thank them for their commitment.

Until the passage of Bill C-7, the RCMP was the only police force in Canada not to be unionized, and even with the bill's passing, RCMP members will be forbidden from taking their grievances to the Public Service Labour Relations Board and from engaging in negotiating tactics such as strikes.

Sadly, the lack of respect paid to our RCMP officers is not an isolated situation. I spoke recently about our border security officers, who have been without a contract for more than three years and whom the government refuses to recognize as federal law enforcement officers. Canada's corrections officers have gone without a contract for almost four years. They were recently on Parliament Hill lobbying for treatment for post-traumatic stress disorder. The federal government, however, does not consider them to be first responders and will not require provinces to pay for their PTSD treatment where it is currently not offered.

Right here, a few feet from where we are sitting in the House of Commons, officers of the Parliamentary Protective Service, those women and men who work to protect us and our visitors, are once again protesting the government's refusal to negotiate a new contract with them in good faith.

Last spring, our parliamentary officers signed an agreement to back off on their quiet protests in exchange for fair negotiations. Oddly, that happened just in time for the Canada 150 celebration here on the Hill. However, the government now refuses to negotiate in good faith, and we are once again seeing these officers wearing green hats to protest their treatment.

There is a crisis in federal law enforcement, a crisis made by successive Conservative and Liberal governments who have refused to honour all those officers who put their lives on the line for us, every day. It is unacceptable to those officers. It is unacceptable to Canadians. I would hope that it is unacceptable to the members of the House and to the Minister of Public Safety and Emergency Preparedness.

Royal Canadian Mounted PoliceAdjournment Proceedings

8:05 p.m.

Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Madam Speaker, it is my pleasure to rise in this House to say a few words about Bill C-7.

I appreciate the acknowledgement of the member for Kootenay—Columbia that there were changes made to the original bill proposal and that some of the critical amendments put forward by the Senate were accepted and incorporated into the bill. I also want to acknowledge the member for his staunch defence and support of first responders, including security officers on the Hill who protect and defend members of Parliament every day in the very important part of our lives here as members of Parliament.

I am pleased to say that this government, which inherited a collective bargaining situation in which many outstanding agreements had not been signed, has completed 85% of the public servants' collective agreements, including the one for the RCMP. On March 9, the government introduced legislation to support the dedicated and proud members of Canada's national police service by providing them with a labour relations framework that gives them the respect they deserve.

Bill C-7, which received royal assent on June 19, was a great step forward. It is a labour relations regime that takes into account the special circumstances of the RCMP and respects it as Canada's national police force. The legislation takes into account the operational integrity of the RCMP as a police organization and ensures alignment with the labour relations regime that applies to federal public service employees. This legislation respects the 2015 Supreme Court of Canada decision by providing RCMP members and reservists with the ability to pursue their interests through collective bargaining for the first time in Canada.

There was much consultation with regular members of the RCMP and with jurisdictions with RCMP police services agreements in crafting this legislation. I want to express my gratitude to all members of the House of Commons and the Senate who helped in the development of this bill. Bill C-7 gave us an important opportunity to further improve Canada's RCMP labour relations regime and to serve the men and women who benefit from it.

This is a new era in the history of the RCMP. Now the RCMP members and reservists have the same collective bargaining rights as other police forces in Canada.

Our national police force has a storied past in Canada. It deserves our respect, and with this bill, the RCMP also has a bright future ahead.

Royal Canadian Mounted PoliceAdjournment Proceedings

8:10 p.m.

NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Madam Speaker, I would like to thank the member for Vancouver Quadra for her comments. We had the pleasure of working together under the provincial government when we both were with the Province of B.C. some time ago.

I really am very concerned when I look at law enforcement across Canada and see where things are today. There is the RCMP's yellow stripe campaign. Border services officers are three years without a contract. Corrections officers are almost four years without a contract. Our own parliamentary officers are currently starting their quiet protest again by wearing green hats. I see all these men and women who are so dedicated to keeping us safe struggling with collective agreements. I really would like to see the minister take it very seriously and try to reach resolutions to all these outstanding issues and contracts.

Royal Canadian Mounted PoliceAdjournment Proceedings

8:10 p.m.

Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Madam Speaker, the government takes its responsibility to keep Canadians safe and secure seriously, and that is reflected in Bill C-7.

As I mentioned, our government has made a huge step forward in restoring a culture of respect for and within the public service. We have rescinded some of the provisions the previous government put in place that were essentially an attack on collective bargaining and on unions. We have gone forward with collective agreements with 85% of public servants. We will continue to work on that until they are complete, and we will always respect our first responders and do our very best on their behalf.