moved that Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, be read the second time and referred to a committee.

Mr. Speaker and colleagues, I am honoured to be here to take part in this important debate, second reading of Bill C-32, the victims bill of rights act.

As members know, this bill is to create a Canadian victims bill of rights and entrench the rights of victims into federal law for the first time in Canadian history.

Victims of crime have been an important priority for our government since our election in 2006, and our contributions to improving the victim’s role in our justice system is well known and well documented. It is our contention that there are numerous ways, which we will present through the victims bill of rights, to continue down the path of enhancing our justice system and the victim’s role in that system. The creation of the federal victims strategy as well as the Office of the Federal Ombudsman for Victims of Crime, in 2007, are examples of our government's commitment.

Further, the allocation of $120 million as well as $10 million additionally for child advocacy centres in 20 locations throughout the country are examples of victims' programs specifically, as well as other numerous victims' law reforms and criminal justice reforms intended to enhance the experience of victims in the law.

Last year, our government promised to enhance victims’ rights by entrenching or embedding their rights in a single law at the federal level. We are delivering on that promise through the creation of clear statutory rights to information, protection, participation, and restitution for victims of crime in Canada.

I want to unpack these concepts in more detail in a moment. Before I do, I want to emphasize again the inclusive effort to hear from Canadians.

My earliest days as Minister of Justice were spent consulting broadly and hearing directly from Canadians. In fact, we heard from more than 500 stakeholders through online and in-person consultations held across the country while developing this legislation. Most importantly, we heard from victims of crime themselves. Advocates, provincial and territorial officials, organizations, criminal justice associations, and criminal justice professionals, crown and defence counsel, law enforcement—all have provided views on this important legislation, participants all, and the Canadian victims bill of rights reflects that input, particularly those of provincial and territorial officials who have the important role and task of enforcement.

As well, we received a great deal of information and input during these consultations, specific to the reforms contemplated in federal, provincial, and territorial forums. Best practices from international, provincial, and territorial victims' legislation and programs were also contemplated. After much and thorough consultation and collaboration into this bill, we believe we have struck a very good balance.

I also want to recognize that each province and territory very much had that input, but we also drew from their own victims' services legislation unique to their provincial and territorial reality. All provinces and territories have legislation for victims of crime, which in some cases includes provisions worded as “rights”, such as a right to information, a right to consideration of personal safety, and a right to respectful treatment. The federal bill would not impede in any way existing provincial or territorial legislation but would, in fact, complement it or provide cohesion, while respecting constitutional divisions of power. It is important that we have this continuing and cohesive effort in building on the best of all efforts, across the country, to make the expression and inclusion of victims' rights more respectful, more user-friendly, and improve the lives of victims and their experience in our justice system.

Mr. Speaker, every victim deserves to have an effective voice and to be heard. That is why we have included a broad definition of victim in the Canadian victims bill of rights. All individuals directly affected by an offence in a physical, emotional or economic way would be considered victims.

The bill would also enable individuals to act on behalf of victims who are deceased or who are incapable of exercising their rights.

Again, the rights proposed in this bill apply to victims involved in the Canadian criminal justice system. I think it is important here to read specifically from the bill that definition of victim:

It states:

“victim” means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of an offence.

Clearly, the intention here is to protect Canadian citizens or permanent residents who are abroad but were victimized in Canada, who could also invoke their rights. Victims who are in Canada, or Canadian citizens or permanent residents could also invoke their rights in a case where they were victimized abroad, but where Canadian officials are investigating or prosecuting the offence in Canada. These provisions would ensure a broad, inclusive application of the rights in circumstances where there is a clear link between the victim, the crime, and the criminal justice system here in Canada.

Fully implemented, the bill would also extend rights to every stage of the criminal justice process: during the investigation and prosecution of an offence; during the corrections process; during the conditional release process, or parole; and while there are proceedings in the courts and before review boards in respect of an accused found not criminally responsible on account of mental disorder, or who is unfit to stand trial. However, the bill would also provide that the application of the rights cannot interfere with the police or crown prosecution's discretion and must be reasonable in the circumstances. In other words, this is a rubicon that we did not cross. Going back into the archives, this was in keeping with a parliamentary report entitled, “A Voice, Not a Veto”. That statement encapsulates the intent here.

Access to information was perhaps the most identified need by victims. Victims themselves, their advocates, and federal ombudsmen for victims of crime, and criminal justice professionals, such as the crown and police, often highlighted this need to ensure that basic information was flowing to victims and their loved ones.

Victims of crime seek information about the criminal justice system generally and their role in it. They also want specific information about their case and the decisions made by criminal justice professionals as the case moves forward.

This right to information would articulate that a victim has the right to meaningful information that affects them, such as conditions of release that pertain specifically to the accused in the case, or something as basic as the time, place, and date of proceedings taking place before the court that could impact on the victim. This would also include information about the criminal justice system, victims services programs, outcomes of criminal investigations and proceedings, and the status of an offender in the correctional system. The Criminal Code amendments that are proposed to implement this right would include the ability of the victim to receive copies of bail and conditional sentence or probation orders, physically ensuring that the victim is in possession of that information.

In addition, the bill proposes important changes to the Criminal Code provisions for plea negotiations, which is one of the more controversial elements, I suspect. For murder or any serious personal injury offence, the court would be required to ask the prosecutor if the victim had been notified of a plea bargain. For any other offence with a term of imprisonment of over five years, the victim could request to be notified of a plea bargain. The amendment does not give victims a veto over plea bargains. However, given the significant portion of cases with guilty pleas that are resolved in this fashion, this right to information would benefit a large number of victims at a key stage of the criminal justice process. I would suggest it would prevent any shock or further trauma to a victim to have that information in advance of any public announcement.

In order to help facilitate a victim's access to more information about available programs and services, one of the amendments in the bill would also require that Correctional Services Canada inform victims about the availability of victim-offender mandated mediation services.

Lastly, in order to enhance the information provided to victims, our government would create a single government website to make information about the Canadian victims bill of rights available to all Canadians and victims of crime.

Victim safety, including the enhancement of protection measures for victims, was also mentioned frequently by victims, their advocates, and professionals during the consultations. The desire to feel protected, safe from recrimination or retaliation, is an important right to recognize. Currently, there are numerous provisions in federal law to prevent or respond to harm to victims, but the creation of this right would build on a strong foundation and Canada's positive international reputation for the treatment of vulnerable victims, including in the courtroom.

The right to protection ensures that victims have their security and privacy considered in their interactions with criminal justice system officials. Proposed amendments to the code would broaden the availability of such things as testimonial aids, which are commonly known as “screens”, or closed-circuit television cameras to allow the victim to testify from a neighbouring room. This is also specifically to help protect victims from intimidation or retaliation throughout the proceedings and to provide that victims' safety and security would be taken into consideration through various means when making bail orders, for example, or when the offender were being released from custody.

Victims would be provided with access to a photograph of the offender at the time of the conditional release or end of sentence. This is a very practical and, I suggest, compassionate means to give victims information as to how they need to govern themselves or take protective measures. This is an important change for victims, and just one of the many changes that we would make to implement a victim's right to protection.

This right is strongly supported by many stakeholders, and victims identified this as an important need during the consultations, and we have listened. The benefits are numerous.

In order to provide meaningful participation and to give victims the sense that the criminal justice system will continue to respect their concerns and those of their loved ones, we wanted to underscore during the consultation that meaningful participation is also embedded in the bill. This is about recognizing the impact of victimization on the lives of victims and to help them understand what is sometimes a very complicated, foreign, difficult, and stressful process. The right to participation would allow the victims to convey views and to have those views properly considered by decision-makers when decisions are being made that affect them. This would be implemented through measures to clarify and broaden the scope of the victim and community impact statement provisions in the Criminal Code. Victims of crime have told us that they would support improvements to the victim and community impact statement provisions of the code.

For example, in this proposal, victims would be able to have a support person close to them while presenting their statement or community impact statement, and would be able to bring a drawing or photo or proximity of their loved one to the courtroom when presenting this statement. Again, this is a very compassionate, open-hearted way to allow the victim to draw comfort from proximity through these items. We have amendments to the Criminal Code that would clarify that a judge should consider those parts of a victim impact statement necessary to determine an appropriate statement.

When visiting a child advocacy centre, I saw something similar in intent. That was allowing children, for example, to have a pet or a stuffed animal, something that provided them comfort, with them during interviews with the police. Again, this emulates that same intention to provide individuals, child victims, comfort during what is inevitably a very stressful situation.

Also entrenching in this bill is the provision of guidance to victims on the creation of their victim impact statement through a mandatory form. These amendments would ensure that victims' voices were truly heard in the process.

The bill is also proposing important amendments to the purposes and principles of sentencing, to increase consideration of victims' views in that process. First, the bill proposes to reinforce the sentencing objective of denunciation in paragraph 718(a) of the code, by specifying that it is not only the criminal conduct that is being denounced, but also the harm to the victim and communities that has been caused by that conduct, which is a reality, I would suggest.

Second, the bill proposes to reinforce the sentencing principle of restraint in paragraph 718.2(e) of the Criminal Code that requires courts to consider alternatives to imprisonment where it is reasonable to do so.

Adding a requirement that the court also consider the harm done to victims and to the community would help to ensure there is a proper balance between the rights of offenders and those who have been victimized by offenders' behaviour. This would also bring sentencing principles in line with similar changes to the objectives of sentencing in paragraph 718(a).

In order to assist victims and allow them to choose how they would like to participate in the corrections and conditional release process, proposed amendments to the Corrections and Conditional Release Act would allow registered victims to designate a representative to receive information on their behalf or waive their right to access to information. We know that in some cases victims want nothing more to do with the process after the victimization has occurred, and I would suggest that another general collateral benefit to this bill is that it would give victims more choice and control over their lives in a very stressful period.

We have listened very carefully to the views of many people who work in the justice system, including, as I mentioned, provinces and territories, and we are responding to some of the criticisms of the bill. For example, some have said that the bill does not propose to make victims a party to the criminal trial or create a right to receive legal aid. It is our view that these two items would create additional complications and potential delays, which is completely counterintuitive to what we are attempting to achieve here. Further delays or complications are very much in our minds as we bring this bill forward.

That is one of the great complaints of many in the system, that the time it took to proceed through the courts caused greater re-victimization. Therefore, we have very much intended to include measures that would reduce the delays in criminal proceedings without in any way contributing to the type of delay that we know is sometimes endemic in courts in the country.

The bill’s proposed right to participation seeks to strengthen existing and successful approaches that provide opportunities for victims to actively participate in the criminal justice system, and contribute to more effective decision-making by police, crown prosecutors and judges.

Victims of crime have expressed significant concerns about the financial burden that often places them in real hardship. Many have reported that as a result of the crime, they were unable to work and yet faced significant out-of-pocket expenses to continue attending criminal proceedings or to receive counselling. In 2008, a Department of Justice study estimated that the tangible and intangible social and economic costs of Criminal Code offences in Canada were approaching approximately $100 billion annually, and approximately 83% of those costs were borne by victims themselves.

There has been discussion about crime rates falling in Canada. In fact, there are over two million crimes reported annually and, sadly, one of the more shocking figures is that there has been a 4% increase in child sex offences, offences against children, our most vulnerable.

The bill will help to alleviate the financial burden of crime for victims by enabling victims to seek a restitution order, which obliges the offender to pay the victim for costs incurred as a result of the offence.

Specifically, this bill proposes to amend the Criminal Code to require a court to consider restitution orders for all offences, to specify that an offender's ability to pay is not determinative in ordering restitution and to create, for accuracy, a mandatory form to help victims identify and claim their losses. As well, proposed amendments would specify that when any part of a restitution order is not paid, victims can have that order enforced as a civil debt.

Victims would be provided with assistance to help them enforce restitution orders through several program measures. For example, an electronic tool kit for victims would give them easier access to greater information about restitution; and financing and funding would be made available to the provinces and territories to develop their own restitution programs to help victims collect on those orders. This approach would enhance awareness and enforcement of restitution and provide victims with information and financial support. We know as well that many provinces and territories, in fact the majority, have the fine option program that will allow offenders to at least make some restitution to society at large, where they do community-type service.

In order to give meaningful effect to victims' rights by all players in our criminal justice system, our government is proposing that this bill have quasi-constitutional status. This would mean that the Canadian victims bill of rights would prevail over other federal statutes, with the exception of the Constitution Act, which includes the Charter of Rights and other quasi-constitutional statutes within our legal system, such as the Official Languages Act, the Privacy Act, and, of course, the Canadian Human Rights Act.

These other quasi-constitutional statutes will also exist on a level playing field with the Canadian victims bill of rights. As an example, courts must interpret the Official Languages Act in a manner that is consistent with the Canadian Human Rights Act.

If there is a conflict between these two quasi-constitutional statutes, the court would balance the rights in these two statutes.

During many of these consultations, we heard about the need to have enforceability behind the bill. We have provisions that pertain specifically to that in working with provincial ombudsmen and the discretionary judicial remedies that exist already.

Spousal immunity and other elements of this bill will, I know, receive due consideration. I would suggest that there is ample opportunity now to discuss the bill in greater detail as it proceeds to the House, and I look forward to the debate and hearing from members who are participating.

Peter MacKay

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