Public Safety Canada Portfolio Report: Victim Complaint Resolution Mechanisms
Canadian Victims Bill of Rights (fiscal year 2021-2022)

Introduction

In July of 2015, the Canadian Victims Bill of Rights (CVBR) enshrined into law four statutory rights for victims of crime in the criminal justice system (CJS):

• right to information,
• right to participation,
• right to protection, and
• right to seek restitution.

Also included in the legislation was a federal complaint resolution mechanism to ensure these rights are respected, to remedy alleged infringements of these rights and to take corrective action. Victims may file a complaint if they believe their rights have been infringed or denied by a federal department or agency during their interaction with the Canadian CJS. As the implementation of the legislation continues, Public Safety Canada (PS) and its Portfolio agencies strive to improve victims’ experience with the CJS.

This report summarizes complaints received and responded to within the 2021-2022 fiscal year by PS’s National Office for Victims (NOV), as well as the following PS Portfolio agencies who all have responsibilities to victims under the CVBR: the Correctional Service Canada (CSC), the Parole Board of Canada (PBC), the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). Also contained in this report is a summary of how the complaints were resolved, any improvements that were made to the respective agencies’ complaint process, data from previous fiscal years for ease of comparison, and finally, any actions taken to address concerns raised by victims of crime.

Section I: Public Safety Portfolio Victim Services

PS provides strategic advice and support to the Minister of Public Safety on legislation and policies governing federal policing, border security, corrections and conditional release and shares some criminal justice responsibilities with the Minister of Justice, including upholding the rights of victims of crime. Below are the agencies that make up the PS Portfolio and that have responsibilities to provide services to victims of crime under the CVBR:

Canada Border Services Agency

Interacts with victims during criminal investigations of offences under the Immigration and Refugee Protection Act (IRPA). In respect to the CVBR, CBSA must consider victims’ rights to information, participation and/or protection. Additionally, the CVBR permits CSC to notify victims of federal offenders who have registered to receive information when the offender who harmed them is removed from Canada before the expiration of their sentence. To facilitate this notification, the CBSA will advise CSC of all relevant removal information.

Correctional Service of Canada

Provides registered victims with information, in accordance with Part I of the Corrections and Conditional Release Act (CCRA), about an offender who is serving a sentence of two years or more. Victims are encouraged to submit Victim Statements to CSC. These statements can describe the ongoing impact of the offence, include safety concerns, ask that the offender not have contact with victims and their family, indicate that the offender’s location matters to them, and ask that the offender not travel or be released to the areas where victims and their family live and work. This information is considered by CSC when making recommendations and decisions about the offender throughout their sentence. Victims can request a Correctional Plan Progress Report, which provides information about the offender’s progress in meeting the objectives of their Correctional Plan. CSC also provides victims with general information about its victim-offender mediation program.

Parole Board of Canada^{Footnote 1}

Provides registered victims with specific information about the offender who harmed them, as outlined in Part 2 of the CCRA. Registered victims can submit a victim statement to PBC for consideration in decision making, which may include requests for special conditions to be imposed on an offender’s release, for example, a geographic restriction or no-contact order. In addition, victims can request to observe a hearing in person or remotely; request to present their victim statement at a hearing; request to listen to the audio recording of a hearing that has taken place; and request copies of written decisions from the PBC’s Registry of Decisions^{Footnote 2}.

Public Safety Canada’s National Office for Victims^{Footnote 3}

Acts as a central resource working with Portfolio agencies to improve victims’ experience with the federal corrections and conditional release system by coordinating and engaging with partners and stakeholders, applying a victim lens on correctional policy development, as well as developing and disseminating information to help victims better understand and navigate Canada’s federal corrections and conditional release system.

Royal Canadian Mounted Police

Interact with victims when responding to calls for service and investigating crime. In the course of performing their duties, they provide referrals^{Footnote 4} to provincial/territorial victim services programs across Canada, who work to:

• lessen the impact of crime and trauma on victims and their families while assisting them in their recovery;
• enhance victim safety and help reduce the risk of further victimization;
• increase victims’ participation in the CJS; and
• prepare victims who act as witnesses for court proceedings.

Section II: Victim Complaint Resolution Mechanisms

Consistent with the CVBR, each PS Portfolio agency with responsibilities to uphold victims’ rights under the CVBR have internal complaint resolution mechanisms. Each process is tailored to the individual agency’s mandate and processes. The diagram below represents a generic overview of the PS Portfolio CVBR complaint resolution processes, and is not intended to reflect the level of detail contained in each department’s/agency’s process.

An Overview of the Public Safety Portfolio Complaints Process under the CVBR

Step 1 - Complaint submitted and received

A confirmation of receipt is sent to the complainant. If necessary the victim may be contacted to request additional information before an assessment is made.

Step 2 - Complaint assessed under the terms of the CVBR

A complaint is considered admissible if it meets the definitions and conditions (referred to below as criteria) set out in the CVBR and falls under the organization’s mandate.

Meets Criteria - Founded

Victim’s rights were found to have been infringed or denied.

Meets Criteria - Founded in part

Some, but not all, issues identified in the complaint were found to infringe or deny a victim’s rights.

Meets Criteria - Unfounded

The organization followed all relevant policy and legislation.

Does Not Meet Criteria

The complaint is inadmissible.

Step 3 - Written response

A written response is sent that explains:

Meets Criteria - Founded

• results of the complaint,
• actions taken, and
• provides relevant referrals.

Meets Criteria - Founded in part

• results of the complaint,
• actions taken, and
• provides relevant referrals.

Meets Criteria - Unfounded

• results of the complaint and
• provides relevant referrals.

Does Not Meet Criteria

• the complaint does not meet the criteria and
• provides relevant referrals.

Step 4 - Follow-up

Satisfied

The complaint process is completed and the file is closed.

Not Satisfied

Contact information for the Office of the Federal Ombudsperson for Victims of Crime (OFOVC) is provided^{Footnote 5}. The complaint process is completed and the file is closed.

Section III: Profile of Victim Complaints

In addition to addressing formal complaints, efforts are also made by PS and its Portfolio agencies to address a variety of informal rights-related inquiries and concerns where no formal complaint has been submitted. These efforts are not captured in the statistics contained within this report.

Moreover, there are instances when a complaint is received in one fiscal year and responded to in another. For example, a formal complaint may be received on March 19th and a response is sent to the victim on April 7th, thereby crossing over two fiscal years. For the purposes of this report, formal complaints received between April 1, 2021 and March 31, 2022 are included even if the response was sent in the next fiscal year.

The number of complaints received in fiscal year 2021-2022 was down slightly from the previous year, 30 versus 35 respectively. Of the 30 complaints received in 2021-2022, 22 were admissible and eight were inadmissible (see Table 1).

Table 1 column one lists the department or agency, the other columns list the number of admissible, inadmissible complaints and total complaints received by each department or agency.

Admissible Complaints

When a formal complaint is received by the responsible department or agency an initial assessment is conducted. If the complaint is deemed admissible, it undergoes further examination and analysis to determine whether it is founded, founded in part, or unfounded. If it is determined that a victim’s right(s) was denied or infringed and/or there was non-compliance with law and/or policy, the complaint is considered founded and a remedy is sought. Founded in part complaints are where, for instance, a victim indicates that multiple rights were infringed or identifies multiple issues and the department or agency determines that one or more, but not all, rights were infringed or denied. In such cases the complaint is considered founded in part. In contrast, unfounded complaints refer to instances where the responsible department or agency determines that all relevant policy and legislation were complied with and no right was denied or infringed upon. In such cases, if the victim is dissatisfied with the outcome of their complaint they can pursue it with the Office of the Federal Ombudsperson for Victims of Crime for reexamination. Finally, there have been cases where a complaint was deemed admissible but later withdrawn by the complainant.

Table 2 below indicates the type of complaint submitted and that 11 of the 22 admissible complaints were determined to be unfounded. Four CSC complaints were founded and seven were unfounded. None of the PBC complaints were deemed to be founded and six of the RCMP complaints were founded, and one admissible complaint received by the RCMP was later withdrawn.

Table 2 column one lists the department or agency, while the other columns list the type of CVBR right, and the type of admissible complaints that were received by each department or agency.

Figure 1 below illustrates the percentages of Portfolio-wide admissible complaints by CVBR right in 2021-2022. In 2021-2022, 40% of admissible complaints were related to a victim’s right to information. Multi-rights accounted for 32% of Portfolio-wide admissible complaints, followed by the right to protection (18%). Both the right to participation and the right to seek restitution account for 5% of admissible complaints.

Figure 2 below illustrates the fluctuations in Portfolio-wide admissible complaints by fiscal year. For example, in 2020-2021, the PBC had the largest influx of admissible complaints (n=20). A look back indicates that almost half of those complaints (8 of 20) were related to limited public access to CSC institutions due to COVID-19 public health restrictions which resulted in PBC suspending/limiting victim and observer attendance at hearings. Also, over time it may appear that the number of CVBR complaints to the RCMP has increased; however, we attribute this to concerted effort by the RCMP to increase rigor in identifying and addressing CVBR complaints.

PS Complaints Overview

NOV’s mandate is to act as a central information resource working to improve victims’ experience with the federal corrections and conditional release system. It deals with complaints concerning general information, victims’ requests about the federal corrections and conditional release system and the victims’ role within it. Similar to the previous fiscal year, NOV did not receive any complaints in fiscal year 2021-2022.

Table 3 column one lists the fiscal year, while the other columns list the type of complaints that Public Safety received by fiscal year, and its outcome.

PS Complaint Process Developments

No changes were made to NOV’s CVBR complaint resolution process in 2021-2022.

CSC Complaints Overview

Table 4 column one lists the fiscal year, while the other columns list the type of complaints that the Correctional Service of Canada received by fiscal year, and its outcome.

In 2021-2022, CSC received 12 complaints. Eleven of these complaints were deemed admissible, while the other was deemed inadmissible.

Admissible Complaints

The issues raised by victims in the 11 admissible complaints received by CSC can be summarized as follows:

• timeliness of sharing offender-related information and the accuracy of that information; and
• consideration of victim concerns within case management processes/decisions.

CSC’s review found that there were areas of non-compliance in four of the admissible complaints. Two admissible complaints were founded (rights to information and participation) and two admissible complaints were founded in part (in both instances, the right to information was infringed whereas the right to protection was upheld). In all four instances, CSC took measures to address the identified issues.

CSC determined that it had complied with law and policy in the other seven admissible complaints, therefore, determining them to be unfounded.

Inadmissible Complaints

CSC determined that one complaint was inadmissible. While the victim questioned an offender’s access to controlled substances while in federal custody, and the frequency of urinalysis testing, the victim had received all information they were entitled to under the law. Since the questions raised in the complaint did not represent an infringement of the victim’s rights pursuant to the CVBR, it did not meet the required conditions for review through CSC’s formal victim complaint process. Although CSC determined that the complaint was inadmissible, CSC took a proactive approach to help resolve the issues by providing the victim with all relevant policy on the subject and offering a call with operational staff to explain the policies.

CSC Complaint Process Developments

In 2021-2022, similar to the previous fiscal year, complaint responses were delayed beyond the standard 25-day timeframe set out in policy as CSC continued to pursue thorough consultations with institutions/community sites, regions, and with policy holders at National Headquarters. While consultations were case-specific, this increased collaboration within operations serves to augment the visibility of victim issues within the organization while maintaining a high level of accountability on CSC’s obligations to victims.

Commissioner’s Directive 786, Victim Complaints^{Footnote 9}, was first established in 2015 to coincide with the enactment of the CVBR thereby ensuring that CSC had a complaint mechanism that would a) review complaints involving alleged infringement or denials of rights under the Act; b) have the power to make recommendations to remedy any infringement and/or denials; and c) be obligated to notify victims of the results of those reviews and any recommendations made. Given the passage of time and evolution of CSC’s program since 2015, CSC’s policy is currently under review. This exercise will allow CSC to:

• propose amendments to revise and clarify responsibilities and procedures;
• increase the complaint response timeframe to allow for thorough consultations;
• create a protocol specific to CSC’s Victim Services Division to replace the current Guidelines 786-1, Victim Complaint Process; and
• review CSC’s definitions used in the complaint process to ensure findings are clear.

CSC has simultaneously worked to strengthen the policy framework of the National Victim Services Program to improve service delivery to victims and support CSC’s capacity to uphold its mandate pursuant to the CVBR. The main policy for the Program, Commissioner’s Directive 784, Victim Engagement^{Footnote 10}, is also under review. The policy is being modified in response to the 2021 Internal Audit Report of Victim Services,^{Footnote 11} recommendations from the National Task Team on Victim Engagement and the evolution of the program over time.

These updates will strengthen the consideration of victim information during reviews for some in-custody decisions and for some post-release CSC-authority decisions.

PBC Complaints Overview

Table 5 column one lists the fiscal year, while the other columns list the type of complaints that the Parole Board of Canada received by fiscal year, and its outcome.

In 2021-2022, the PBC received a total of six complaints, one of which was deemed to be admissible in part, and five that were deemed inadmissible.

Admissible Complaints

In the one admissible in part complaint received, the PBC determined that it had complied with law and policy, and the complaint was deemed unfounded.

In this complaint, the victim claimed that Board members had not sought enough information from the offender during the hearing and wanted to ask questions directly to the offender themselves. The victim also claimed they should be able to review the offender’s file prior to the hearing. They requested that the PBC’s conditional release decision therefore be revoked.

The complaint was deemed to be unfounded as the Board was found to be in compliance with legislation, as it had made its decision in accordance with criteria set out in the CCRA and conducted a thorough risk assessment. The PBC was also found to be in compliance with the Privacy Act with regard to protection of information used in decision-making.

Inadmissible Complaints

The PBC determined that five complaints were inadmissible as they did not meet the legislative requirements under the CVBR. The five inadmissible complaints are described below:

One complaint related to a victim’s right to seek restitution. The victim felt that PBC Board members, in rendering their decision, ignored knowledge of a restitution order imposed by a judge. It was deemed inadmissible as victim restitution falls outside of the PBC’s jurisdiction.

Four nearly identical complaints regarding an offender were received. These four complaints requested that the decision to approve the offender’s Escorted Temporary Absence (ETA) be reversed, as the victims felt that the offender presented a clear danger to women and girls in the community. These complaints were deemed inadmissible as complaints about PBC decisions fall outside the scope of the CVBR. Under the CVBR, it is noted that Act is to be applied in a manner that is not likely to interfere with the discretion that may be exercised by any person or body authorized to release an offender into the community.^{Footnote 12} Notwithstanding, the PBC’s governing legislation mandates the protection of society as the paramount consideration in the determination of all cases^{Footnote 13}.

PBC Complaint Process Developments

No changes were made to the PBC's CVBR complaints resolution process in 2021-2022.

RCMP Complaints Overview

Table 6 column one lists the fiscal year, while the other columns list the type of complaints that the Royal Canadian Mounted Police received by fiscal year, and its outcome.

In 2021-2022, the RCMP received 12 complaints that related to the CVBR. Of these 12 complaints, 10 were deemed admissible.

Admissible Complaints

One complaint contained three allegations, each related to both the right to protection and the right to information, and were deemed founded. One allegation was filed under Improper Attitude. The remaining two were filed under the allegation of Neglect of Duty specifically, the failure to investigate a report of domestic assault. The lack of information provided and interest shown by police resulted in the Court determining that the investigation lacked detail, which played a part in the final trial outcome. As a result, remedial actions were taken and a formal apology was provided to the complainant.

The second complaint related to the right to information. The complainant alleged Improper Attitude as the officer displayed an improper and unprofessional attitude by yelling and swearing at the complainant. The complaint was deemed admissible and founded. As a result, remedial actions were taken and a formal apology was provided to the complainant.

The third complaint related to the right to information specifically, Neglect of Duty. The investigation revealed the allegation was deemed admissible and founded as it was determined the complainant filed a public complaint and requested further information about the status of their public complaint but never received it. As a result, remedial action was taken.

The fourth complaint was related to the right to information. In this case, officers responded to a mischief call. The officers had failed to notify the complainant that their ex-common law partner had been released from custody and was therefore, deemed admissible and founded.

Of the 10 admissible complaints received, one related to the right to restitution, which  was later withdrawn. In this case, an informal resolution was reached with the complainant.. After consultation with Crown, it was decided to be a civil matter and the complainant agreed to pursue the matter civilly resulting in the complaint being withdrawn

Three other admissible complaints were deemed unfounded. One related to the right to information where an investigation revealed there was nothing contentious and that the complainant felt supported and glad that the investigation took place. Another complaint was related to the right to information during a traffic stop. The investigation revealed the officer had their RCMP uniform on with their name displayed when asked to identify themselves; therefore, the complaint was unfounded. Finally, a third complaint falling under the right to information alleged that officers failed to keep the complainants informed of the investigation and did not conduct a fulsome investigation as it related to gathering evidence. The investigation revealed that the officers followed operational response standards.

Inadmissible Complaints

Two of the 12 CVBR complaints received by the RCMP were deemed inadmissible. The first related to the right to restitution for damages incurred when executing a search warrant. The resulting investigation determined officers had legal authority by way of a search warrant to use a forced entry given the circumstance; therefore, the complaint was deemed inadmissible. The second inadmissible complaint also related to the right to restitution. In this case, officers responded to a domestic dispute and forced entry inside the house. The investigation revealed that the complainant stated to the officers that they would fix the door but instead alleged the officers failed to fix the door. The ensuing investigation deemed the complaint inadmissible.

RCMP Complaint Process Developments

As of April 2022, the RCMP included a feature, within the Human Resources Management Information System to capture all complaints related to the CVBR. This new feature provides investigators and reviewers a specific box dedicated to the reporting of CVBR-related complaints which has enhanced RCMP identification and reporting capabilities.

Section IV: Looking Ahead – Policy / Process Considerations

In fiscal year 2021-2022, there was a total of 22 admissible and 8 inadmissible complaints filed under the CVBR. Approximately 40% of admissible complaints related to the right to information, 32% involved multiple rights, 18% pertained exclusively to the right to protection, and 5% of admissible complaints related to the right to participation and the right to seek restitution, respectively. Every CVBR complaint received by the PS Portfolio is carefully reviewed according to current policy and legislation. In response, the Portfolio is continuously modifying policy and internal processes to better serve victims of crime while striving to implement a victim-centered and trauma-informed approach.

As the PS Portfolio continues to receive what can be considered a small number of CVBR-related complaints each year compared to the number of interactions between victims and criminal justice actors, efforts continue to ensure that victims are aware of their CVBR rights, including their ability to file a complaint if they believe their rights have been infringed or denied. PS is committed to continue its work with Portfolio partners to implement the CVBR, resolve formal complaints and informal inquiries to improve victims’ experience with the CJS, and ensure compliance with the CVBR.

Appendix A

Victims of crime have the right to:

Information

• General information about the CJS and the role of victims within it;
• Information about available victim services/programs, including restorative justice;
• Request information about the status and outcome of the investigation into the offence, the location and timing of proceedings and on the progress and outcome of their case (including information related to the investigation, prosecution and sentencing of the person who harmed them);
• Request information with respect to the offender’s conditional release (including the timing and conditions thereof); and
• Request information with regard to hearings held for the purposes of dispositions rendered with respect to persons found unfit to stand trial or not criminally responsible (NCR) on account of mental disorder.

Protection

• Have both their security and their privacy considered at all stages of the criminal justice process;
• Have reasonable and necessary measures taken to protect them from intimidation and/or retaliation;
• Request that their identity be protected from public disclosure where they are either a victim or a witness in proceedings related to an offence; and
• Request testimonial aids when appearing as witnesses in proceedings related to an offence.

Participation

• Convey their views concerning decisions to be made by criminal justice professionals and to have these views considered at various stages across the criminal justice process;
• Present victim impact statements for consideration during sentencing and at hearings where the accused has been deemed unfit or NCR; and
• Present victim statements for consideration by correctional and paroling authorities for the purposes of conditional release hearings.

Seek Restitution

• Have the court consider making a restitution order against the offender for all offences for which there are financial losses; and
• Have the orders entered as enforceable civil court judgements against the offender, for those who have not been paid.

All victims of crime may exercise their rights under the CVBR while they are in Canada. Canadian citizens or permanent residents may exercise these rights even if they are outside of Canada, as long as the crime took place in Canada.

Glossary

Canada Border Services Agency (CBSA)

Provides integrated border services that support national security and public safety priorities and facilitates the free flow of persons and goods that meet all requirements under its program legislation.

Correctional Service of Canada (CSC)

Is the federal government agency responsible for administering sentences of a custodial term of two years or more, as imposed by the courts. CSC is responsible for managing institutions of various security levels and supervising offenders under conditional release in the community.

Corrections and Conditional Release Act (CCRA)

The legislation that governs the corrections and conditional release systems in Canada. The CCRA outlines the responsibilities and authorities of the Correctional Service of Canada, the Parole Board of Canada and the Office of the Correctional Investigator.

Escorted temporary absence (ETA)

A type of release in which an inmate leaves the institution accompanied by one or more escorts. Inmates can take part in ETAs either alone or as a member of a group. ETAs:

• are of limited duration – but medical absences may be unlimited; and
• may be granted at any time in an offender’s sentence.

National Office for Victims (NOV)

A central resource, located at PS, working to improve victims’ experience with the federal corrections and conditional release system by coordinating and engaging with partners and stakeholders, providing a ‘victims lens’ on correctional policy development and developing and disseminating information to help victims better understand and navigate federal corrections and conditional release.

Parole Board of Canada (PBC)

Is an independent administrative tribunal that, as part of the Canadian CJS, makes quality conditional release, pardon and record suspension decisions, can order expungement of a conviction and makes clemency recommendations.

Public Safety Canada (PS)

Was created in 2003 to ensure coordination across all federal departments and agencies responsible for national security and the safety of Canadians.

Royal Canadian Mounted Police (RCMP)

Is the Canadian national police service.

Victim of crime

An individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offence.

Date modified:

2024-04-29