Parliamentary Committee Notes: Victim’s Rights

Proposed Response

Backgound

Bill C-32, enacted the Canadian Victims Bill of Rights Act (CVBR), which came into force on July 23, 2015, created clear statutory rights to information, protection, participation and to seek restitution for victims of crime. These rights are to be considered during all stages of the criminal justice and corrections process. The CVBR also expanded the statutory definition of “victim” to include persons who have suffered physical or emotional harm, property damage, or economic loss as a result of a crime and who is either a citizen or permanent resident. The Act provides victims with the right to general information about the criminal justice system as well as to specific information about their case and the offender who harmed them. It also entitles victims to have their protection, and participation considered by relevant officials and to have a judge consider making a restitution order in every case. Further, it ensures that victims who are of the opinion that their rights, under the CVBR, have been denied or infringed in any way by a federal department or agency can file a complaint directly with that federal department or agency.

Amendments to the Corrections and Conditional Release Act (CCRA) contained in the Victims Bill of Rights Act (2015) included providing victims of federal offenders with access a photo of an offender prior to release, to information about an offender’s correctional plan and their progress against meeting the objectives of that plan, an audio recording of a parole hearing if a victim did not attend, and to information on the date, conditions, destination of release unless sharing this information poses a risk to public safety. Additionally, amendments also enshrined in law that victims could present statements at parle hearings and designate a representative to receive information on behalf of a victim. At the same time, the Correctional Service of Canada (CSC) and the Parole Board of Canada (PBC) jointly created an online Victims’ Portal, which allows victims secure access to information to which they are entitled under the CCRA, including: the offender's name; the offence the offender was convicted of and the court that convicted the offender; when the sentence began, the length of the sentence; as well as eligibility and review dates applicable to the offender for temporary absence or parole. Victims can submit a statement at any time during an offender’s sentence outlining the harm caused by the offender and any safety concerns they may have for consideration by CSC and PBC in decision making throughout the sentence.

Public Safety’s National Office for Victims (NOV), established in 2005, acts as a central resource working to improve victims’ experience with the federal corrections and conditional release system. To do this it:

The NOV has hosted five stakeholder engagement sessions about the role of victims in the federal corrections and conditional release system and victims' rights to information, participation and protection under the CVBR since 2016.

In response to the feedback that was receive, a booklet entitled Sentence Calculation- An explanation of the Basics of Sentence Calculation with Examples and five accompanying Fact Sheets to enhance victims’ understanding of how eligibility and review dates are calculated, were released in 2021. Although there is no legislative requirement to do so, CSC and PBC, when requested by the victim, may provide general information regarding how various dates are determined.

Private Member’s Bill C-320, which was referred to the Standing Committee on Public Safety and National Security for study on October 18, 2023, proposes amendments to the CCRA to provide victims of crime with an explanation of how an offender’s eligibility and review dates (with respect to temporary absence, work and statutory release, or parole) are calculated, including detailed updates each time these dates are recalculated.

As part of the NOV’s mandate, it works collaboratively with the Policy Centre for Victims Issues (PCVI) at Justice Canada. PCVI is responsible for implementing the Federal Victim Strategy, a horizontal initiative that seeks to improve access to justice for victims and survivors of crime and to give them a more effective voice in the criminal justice system. In addition to providing federal leadership and ensuring a consistent federal approach to victim issues, PCVI is responsible for administering the Federal Victims Fund. The PCVI and the NOV recently collaborated on amendments contained in Senate Public Bill S-12.

On October 26, 2023, Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act received Royal Assent. S-12 amends sections 726.3 and 743.2 of the Criminal Code requiring the Court to inquire of the prosecutor if reasonable steps were taken to determine whether the victim wishes to receive information regarding the sentence and its administration, and must, if known, enter the victim’s information into the record of proceedings. Further, it requires the Court to forward to CSC the name and contact information for any victim who wishes to receive information under the CCRA. This latter change will come into force on a day to be fixed by Order of the Governor in Council.

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