BACKGROUNDER

SAFEGUARDING THE FUTURE AND HEALING THE PAST

HIGHLIGHTS OF THE GOVERNMENT'S RESPONSE

The government's response, Safeguarding the Future and Healing the Past is a practical approach to respond to the complex issues of child abuse in Canadian institutions as raised in the Law Commission of Canada's report. The response is organized under three themes, each reflecting a key concern shared by the Law Commission of Canada and the Government of Canada:

• Protecting children;
• Making the criminal justice system more responsive to the needs of victims; and
• Responding to the legacy of sexual and physical abuse in Indian residential schools.

PROTECTING OUR CHILDREN

The Government of Canada is committed to the well being of Canada's children and youth. Where provinces and territories have jurisdiction over many of the areas relating to children, the federal government works in collaboration with provincial and territorial governments. Progress has been made on many child- and family-oriented initiatives to ensure that children have every opportunity to reach their full potential.

Nationally, action has been taken on several fronts:

The Government of Canada made clear in the Speech from the Throne that it will protect children from criminals on the Internet and safeguard children from those who would prey on their vulnerability.

In March 2001, the government introduced Bill C-15, the Criminal Law Amendment Act, which would target criminals who use the Internet to lure and exploit children for sexual purposes. The Bill would make it a crime to transmit, make available, export and intentionally access child pornography on the Internet. Judges would be able to order the deletion of child pornography posted on computer systems in Canada and order the forfeiture of any materials or equipment used in the commission of a child pornography offence. Judges would also be better able to keep known sex offenders away from children by making prohibition orders, long-term offender designations and one-year peace bonds available for offences relating to child pornography and the Internet. Legislation to better protect children from cybercrime is a key element in the Canadian Strategy to Promote Safe, Wise and Responsible Internet Use launched by Industry Canada earlier this year.

The National Children's Agenda (NCA), a federal-provincial-territorial initiative, is focused on giving children a healthy start in the first years of childhood as a foundation for a better life. The federal government has committed $2.2 billion to provinces and territories over five years to strengthen programs and community supports to ensure the best possible future for our children. Under this initiative, an additional $20 million over the next five years is being dedicated to Centres of Excellence for Children's Well Being, which links together the expertise of parents, communities and non-governmental organizations, service providers and researchers, to provide information that can be used by all who work with children.

Through Health Canada, the federal government works with provinces and territories on many initiatives to keep children with their families, wherever appropriate, and out of institutional care. One example is the community-based Canada Prenatal Nutrition Program, in which the Government of Canada invests $37.7 million a year for the healthy development of children.

In the Speech from the Throne, the Government of Canada declared it would significantly expand the existing Aboriginal Head Start Program to better prepare Aboriginal children for school and to help them with their special needs. The government is also committed to working with Aboriginal communities, provinces and territories to reduce the number of Aboriginal newborns affected by fetal alcohol syndrome.

Other federal government initiatives aimed at supporting community-based children's programs include the Brighter Futures Initiative, with $50 million a year dedicated to its First Nations and Inuit component, and the $52.9 million year Community Program for Children which provides long-term funding to community groups to establish and deliver services to meet the needs of young children at risk, including those who are abused or neglected.

The Family Violence Initiative brings together 13 federal departments working to reduce and prevent family violence and child abuse. This initiative focuses community-driven approaches to crime prevention through social development and on the risk factors that contribute to crime and victimization.

Research and information for the prevention of child abuse is undertaken by both Human Resources and Development Canada (HRDC) and Health Canada. Information on the effectiveness of systemic responses to child abuse and neglect and monitoring of trends in reporting incidents enable policy makers to develop more effective child welfare policies and programs, raise public awareness, inform professionals working with children and families and help set priorities for prevention and intervention.

The National Strategy on Community Safety and Crime Prevention, under the auspices of the Department of Justice and the Solicitor General of Canada, dedicates $32 million a year to intervention and prevention of child abuse, by focusing on crime prevention through social development. The Strategy supports community-driven efforts to design and implement solutions to prevent crime and victimization, including child abuse and neglect. The Strategy's top priorities are children, youth, women's personal security and Aboriginal Communities.

The National Screening System was launched in 1994 to help organizations responsible for the care and protection of children screen out convicted sex offenders. The system uses the Canadian Police Information Centre (CPIC) to check criminal records of prospective workers and volunteers who will have contact with children. As well, the Departments of Justice and the Solicitor General provide funding to Volunteer Canada for its National Education Campaign to help organizations screen out child abusers. TheNational Education Campaign's Safe Steps Volunteer Screening Program develops and makes information and training material available to voluntary organizations.

Internationally, we are active in several areas:

In December 2000, Canada signed the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This Protocol to the United Nations Convention Against Transnational Crime, criminalizes the offence of "trafficking in persons", provides for international information exchange between countries, and contains provisions related to the protection of victims and witnesses.

Consultations with provinces and territories are continuing on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, adopted in May 2000, which would, in addition to criminalizing these offences, provide for protective rehabilitative measures for child victims. As previously mentioned, in March 2001, the government introduced amendments to the Criminal Code (Bill C-15) that focus on better protecting children from sexual exploitation and modernize existing child pornography offences to take into account the reality of today's technology.

In September 2001, Canada will take part in the United Nations Special Session on Children to agree to new commitments and a new global agenda related to the complex issues of survival, development and protection of children.

MAKING THE JUSTICE SYSTEM MORE RESPONSIVE TO VICTIMS

The Government of Canada shares the Commission's goal to make the criminal justice system more responsive to the needs of victims of institutional child abuse and victims of crime generally. Victims are not a homogenous group and comprise an array of deeply personal experiences and unique characteristics. The government's response highlights a range of approaches that reflect the flexibility required in the justice system to respond meaningfully and appropriately to the needs of victims, and to ensure they are treated with dignity, courtesy and respect.

The federal, provincial and territorial governments share the responsibility of responding to the needs of victims of crime and articulating their role in the criminal justice system. The federal government's role focuses on criminal law, as it is set out in the Criminal Code while the provinces are responsible for enforcing the law, prosecuting offences, administering justice within the provinces, as well as providing services and assistance to victims of crime.

The federal government has made a number of improvements to the Criminal Code that better protect victims during the criminal justice process, provide them with better information and give them a voice to be heard.

As of December 1999, amendments to the Criminal Code require judges and others with decision-making powers in the criminal justice process to take into account thesafety and security of victims when determining whether to release an accused on bail.

The changes to the law also make it easier for young victims to participate in court and minimize the possibility of re-victimization as their cases move through the criminal justice process.

The Government of Canada agrees with the Commission's recommendations that the sentencing process be restorative and inclusive of the victim wherever possible. This way, the sentencing process focuses more squarely on addressing the harm caused by the offender to the victim and community, and on rehabilitation rather than on punishment.

Two restorative objectives are specifically noted in the sentencing principles of the Criminal Code: first, to provide reparations for the victims or to the community; second, to promote a sense of responsibility in offenders and acknowledgement of the harm inflicted.

As an example of the first objective, the Criminal Code allows a judge to order offenders to pay restitution to victims to cover financial damages, including those resulting from physical injuries. A victim surcharge (15% of any fine imposed or, if no fine is imposed, $50 for summary offences and $100 for indictable offences) is an additional penalty that offenders must pay at the time of sentencing. Provinces and territories collect the victim surcharge to help fund programs, services and assistance to victims.

As an example of the second objective, victims have been given a voice in the sentencing process. The Criminal Code requires sentencing judges to consider victim impact statements, in which the victim describes the harm or loss they have suffered as the result of a crime.

The government's response also highlights healing circles as a restorative justice approach particularly relevant to responding to institutional abuse.

The federal government has made progress in helping victims to better understand and participate in the criminal justice system, which is consistent with the Commission's recommendations to meet the victims' need for information.

The Policy Centre for Victim Issues, established in the Department of Justice in 1999, is improving support to victims by raising awareness of their needs, as well as services and programs available to them, ensuring that victims and their families understand their role in the criminal justice system, and undertaking projects that assist in the development of policy and legislation that takes into consideration the perspectives of victims.

The Department of Justice's Public Legal Education and Information Program (PLEI) program is particularly oriented towards those who are disadvantaged in accessing the justice system, namely: women, Aboriginal persons, youth, seniors, members of visible minority groups, persons with disabilities, and people with low incomes. The PLEI program funds community partnerships in all provinces.

As part of the third phase of the government's Criminal Procedure Reform Initiative, the Minister of Justice recently introduced legislation that will help protect victims and witnesses from repetitive examinations and potentially abusive cross-examinations at preliminary inquiries.

The government has committed to take action on all recommendations of a sub-committee of the Standing Committee on Justice and Human Rights review of the Corrections and Conditional Release Act. This means that victims will be provided additional and more timely information and will be able to play a larger role in the criminal justice process if they wish to do so.

The Government of Canada is committed to working with provincial and territorial counterparts in reviewing and enhancing the Canadian Statement of Basic Principles of Justice for Victims of Crime, endorsed by federal, provincial and territorial Ministers of Justice in 1988. Through legislation, policy and practice, the statement has been implemented across Canada.

Results from 1999 Department of Justice public consultation on Child Victims and the Criminal Justice System are being analyzed and options are being developed to improve the areas of concerns. Issues discussed have included: the creation of further child-specific criminal offences, sentencing to protect children, and improving the experience of child witnesses and facilitating their testimony in court.

ADDRESSING THE LEGACY OF PHYSICAL AND SEXUAL ABUSE IN INDIAN RESIDENTIAL SCHOOLS

The Commission's report emphasized redress programs negotiated with victims and community initiatives as the primary means for addressing institutional abuse. The government's approach to resolving residential schools grievances is broadly consistent with the Commission's recommendations.

The Government of Canada is determined to deal with the growing volume of litigation being brought forward by Aboriginal people in a sensitive and timely manner. The government has adopted a four-part strategy to address the legacy of residential schools in keeping with the Commission's recommendations, including an apology by the government, a focus on healing, development of community-based dispute resolution models and resolution-focussed litigation strategies.

In 1997 the Government of Canada delivered a Statement of Reconciliation to all Aboriginal peoples which included an apology to those people who experienced sexual and physical abuse while attending residential schools. A healing fund at arm's-length from government – the Aboriginal Healing Foundation – has also been established to provide funding for community-based healing projects.

The Government of Canada and survivor groups are also doing innovative work to investigate the potential for using alternative dispute resolution processes to resolve residential school claims. Representatives from government, survivors and churches are working together to develop community-based dispute resolution models.

Finally, where existing cases provide judicial guidance and the issues are clear, the government is trying to settle claims before they proceed to court.

In September 2000, Prime Minister Chrétien appointed Deputy Prime Minister Herb Gray as the special representative to the churches to discuss church and government shared responsibility for residential schools cases. Through ongoing discussions, the government is attempting to work co-operatively with church leaders to find a comprehensive long-term solution to the issue of church liability.

Addressing the legacy of past institutional abuse in Indian residential schools is an extremely complex and sensitive issue. The volume of cases presents a challenge for everyone involved - including the victims. The government's first priority is to work with claimants and the churches to find lasting solutions that address the healing needs of victims of abuse.

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Department of Justice
June 2001