Mr. Speaker, I will share my time with the member for Esquimalt—Juan de Fuca.

I know it is getting late, but I would like to take this opportunity to share my views and take part in the debate on bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.

In light of what is proposed in the bill, I think that we, as legislators, must all unite and support this government initiative. However, in my humble opinion, the bill does not go far enough in protecting the rights of the victims, and several experts share this view. I will come back later to the reasons why I think the bill should be improved.

Nevertheless, it is certainly a first step in the right direction, and we will be able to propose amendments in committee and at a later time, when the act is reviewed after being implemented, to identify what needs to be improved.

Therefore, I hope that my colleagues will join me in supporting the victims of crime in a meaningful way, and that they will make sure that this bill of rights does not remain just a statement of principles with no actual effect.

In its current form, Bill C-32 codifies the federal rights of victims of crime to information, protection, participation and restitution under the Canadian victims bill of rights. It also amends the Criminal Code, the Corrections and Conditional Release Act and the Canada Evidence Act to incorporate these rights.

More specifically, the bill broadens the definition of “victim”, which will include any individual who has suffered physical or emotional harm, property damage or economic loss, and clarifies the fact that a victim's spouse can testify if the victim is dead or incapable of acting on their own behalf. This applies to conjugal relationships having lasted for at least a year. I think this provision is critical to enhancing protection and fairness for victims.

Second, the bill amends the Corrections and Conditional Release Act to give victims the right to see a photograph of the offender at the time of the offender's release, to obtain information about the offender, his progress in relation to his correctional plan, and his release date and conditions of release.

This provision will help prevent potentially traumatic situations should the victim inadvertently come into contact with the offender. It also permits the disclosure of information that the victim can use to make informed decisions about how to live his life once the offender has completed his sentence. For example, the victim might make decisions based on the offender's release date.

Bill C-32 also amends the Criminal Code to ensure that the court informs victims of any plea agreement entered into by the accused and the prosecutor once the plea of guilty has been accepted.

These changes will enable witnesses to testify using a pseudonym in some cases, make publication bans for witnesses under the age of 18 mandatory, permit victims who do not attend an offender's parole hearing to listen to an audio recording of the hearing, and enable witnesses speaking on a victim's behalf to have with them a photograph of the victim if it would not disrupt judicial proceedings.

Another change has to do with the Canada Evidence Act and states that no person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused.

Bill C-32 creates a mechanism that allows victims to file a complaint with federal and provincial departments if they feel that their charter rights were violated.

It also codifies the right to make a restitution order and specifies that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed.

This is an entire series of measures that will likely bring the debate back to victims' rights, if the measures are applied. On the other hand, I see two major gaps that, in my opinion, should prompt my colleagues to work together to give this bill more teeth in order to truly bring justice to victims of crime.

Bill C-32 creates no legal obligation for justice system stakeholders to implement these rights. The charter only provides for but does not guarantee access to a rather weak complaint mechanism within federal departments or agencies that play a role in the justice system when victims' rights have been violated.

To date, no specific amount of money seems to be allocated to implement complaint review mechanisms or to help the provinces with this. If the Conservatives are serious and want to do more than make grand announcements at press conferences, then Bill C-32 would set out legal requirements.

My other concern refers to the same point, the fact that there does not seem to be any financial resources set aside for this initiative. How can the government consider providing protection, financial support or psychological support, as proposed in the bill, without a budget?

It is important that victims have access to the support and the services they need. We must invest and work with the provinces. The government must ensure that it provides the kind of support that is needed. It must implement procedures that will really help the victims and avoid proposing measures just to score political points.

Sue O'Sullivan, the Federal Ombudsman for Victims of Crime, feels that the Conservative government's Bill C-32 should be amended because it could be stronger and it overlooks many aspects of the problem. She believes that the Conservative bill could improve Canada's penal system, but many of the measures could be far more forceful. In addition, many other issues affecting victims of crime were not even addressed.

She feels that this bill is problematic because the charter gives rights to victims of crime but provides little in the way of enforcement.

The ombudsman would like to see victims receive prompt redress by having access to a lawyer so that they can assert their rights during criminal proceedings. The ombudsman feels that the safety of victims is still a definite priority.

The NDP will always support victims in their quest for justice. We are mindful that those who have suffered are likely in the best position to educate us about what they need. They have lived through some potentially heinous experiences.

That is why we will continue consulting them and consulting victims' rights groups. By talking to those concerned, we will be able to create fair and effective legislation. I have no doubt that my colleagues will carefully consider any opportunities to improve the bill at committee stage.

The committee must ensure that the Canadian victims bill of rights works well with our justice system and that it addresses victims' expectations and recommendations. The government has taken eight years to get to work on a 2006 election promise. Victims have suffered enough.

I invite all of my colleagues to roll up their sleeves so that we can offer Canadian victims the protection and rights that will help them find justice.

Anne-Marie Day

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