Mr. Speaker, I am grateful to have the opportunity to speak to Bill C-236, addressing the continuing victimization of homicide victims' families act. The short title of this bill refers to the continuing victimization of homicide victims.
The bill would make an offender's failure to disclose the location of victims' remains a consideration in parole decisions. I want to assure the member for Parkland, and indeed all my parliamentary colleagues, that this government takes its responsibilities toward victims seriously. We know the families of homicide victims have suffered unspeakable tragedy and we stand with them. They deserve our compassion, respect and support.
I am going to use my time to outline the ways victims are already supported by the government. For example, in 2015, the Government of Canada created the Canadian Victims Bill of Rights, which enshrined victims' rights into law. The Canadian Victims Bill of Rights provides the statutory rights to information, to protection, to participation and seek restitution.
On a practical level, this means that victims have the right to receive information about the justice system and about the services and programs available to them. Victims may also obtain specific information on the progress of a case, including information on the investigation, prosecution and sentencing, as well as the conditional release process of the person who harmed them and how the sentence is administered. Importantly, victims have the right to have their security and privacy considered at all stages of the criminal justice process. They also have the right to have reasonable and necessary protection from intimidation and retaliation.
The Canadian Victims Bill of Rights gives victims the right to convey their views and have those views considered. Victims may participate in meaningful ways by attending Parole Board hearings and submitting or presenting victim statements about the physical, emotional or financial impact that offences have had on their lives for consideration at any parole review. The Parole Board of Canada can then take all of this information into account when making its decision.
Victims can also propose specific conditions for consideration in the board's decision-making. For example, geographic conditions or no contact orders can be imposed if an offender is granted release. Victims can also access a photo of the person who has harmed them prior to release. If the Parole Board of Canada does not impose any conditions requested by victims, they are also eligible to obtain written reasons.
Under the Canadian Victims Bill of Rights, victims of crime are legally entitled to receive information on progress made by inmates toward meeting the objectives of their correctional plan. They can also name a representative to receive information on their behalf. Additionally, victims have the right to have the court consider making a restitution order and have an unpaid restitution order enforced through a civil court. At sentencing, victims are allowed to submit a victim impact statement describing the losses they have suffered because of the crime committed against them.
Further, courts need to consider ordering restitution for all offences. An offender's ability to pay restitution is one of the factors a court will consider, but it does not prevent a court from making the order. A court must consider restitution as part of the totality of the sentence.
The factors considered when determining an appropriate sentence include the seriousness of the offence, any payments already made by the offender and the impact of the crime on the victim. There is a range of losses that can be covered by restitution, including damaged or lost property due to the crime, physical injury or psychological harm, costs related to moving out of the offender's household, costs that victims of identity theft incur to re-establish their identity and correct their credit history, and costs that victims of the non-consensual publication of an intimate image incur to have an image removed from the Internet.
The Government of Canada remains committed to empowering victims of crime with resources such as the national office for victims. It is an important resource for victims that improves how they experience federal corrections and conditional release programs.
The office provides a victim lens on correctional policy development as well as developing information products for disseminating to victims and the general public. These information products are aimed at increasing awareness so victims can better understand and navigate the process related to federal correctional and conditional release. It also engages with victims, their advocates and other stakeholders to ensure that their voices are heard in the development of the office's services and supports.
Finally, the national office for victims considers the unique needs of victims in vulnerable communities, including indigenous peoples, in all of its work. The process around correctional and conditional release can be confusing, complicated and overwhelming for victims, but services like the national office for victims can help victims understand their rights.
It is important I mention that there is a complaint mechanism. If a victim feels that their rights under the Canadian Victims Bill of Rights have been infringed or denied by a federal agency or a department, they can make these complaints directly to the relevant department or agency to have issues resolved directly and in a timely manner. However, should they be unsatisfied with the outcome of the internal complaint process, they may also contact the Office of the Federal Ombudsperson for Victims of Crime.
The Federal Ombudsperson for Victims of Crime operates independently and at arm's length from the Government of Canada. While the ombudsperson does not advocate on behalf of individual victims or provide legal advice, they can make recommendations to the federal government in response to the issues raised, provide information or refer complaints to victim services.
The government will continue to stand in support of victims of crime. No system is perfect, and there is always room for improvement.