Department of Justice

MINISTER OF JUSTICE TABLES LEGISLATION
STRENGTHENING THE VOICE OF VICTIMS OF CRIME

OTTAWA, April 15, 1999 – The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, today tabled amendments to the Criminal Code that will strengthen the voice of victims of crime in the criminal justice system and increase resources for provincial and territorial governments to provide services directly to victims of crime.

The Criminal Code amendments respond to unanimous recommendations of an all-party report of the Standing Committee on Justice and Human Rights entitled, Victims' Rights - A Voice, Not A Veto, but also include additional measures to address concerns raised by the provinces and territories, victim advocacy groups and the Uniform Law Conference. Combined, they represent key elements of the Government of Canada's overall strategy to improve the situation of victims and witnesses in the criminal justice system and to provide them with a stronger voice.

"Victims of crime need a voice in the criminal justice system that is listened to and respected," said Minister McLellan. "These amendments reflect the Government's commitment to ensure that the views and concerns of victims are considered, especially on decisions that may impact on their safety, security or privacy. The proposed amendments strengthen the role of victims in the criminal justice system and facilitate their participation."

The amendments include changes to the victim surcharge imposed on offenders, which will increase provincial and territorial revenues to allow provincial and territorial governments to improve services currently provided to victims. As a result of the proposed changes, the victim surcharge will be applied consistently by the courts and the amounts of the surcharge will be raised. Currently, the surcharge is an amount up to 15% of a fine, where a fine is imposed, and

up to $35 in other cases. Under the proposed legislation, the surcharge amounts will be 15% of any fine imposed on the offender. If no fine is imposed, the surcharge will be $50 in the case of an offence punishable by summary conviction and $100 in the case of an offence punishable by indictment. Judges will also be permitted to raise the surcharge under appropriate circumstances.

Other proposed changes to the Criminal Code include:

• ensuring that victims are informed of their opportunity to prepare a victim impact statement at the time of sentencing;
• ensuring that victims have the choice to read the victim impact statement aloud;
• requiring that victim impact statements be considered by courts and Review Boards following a verdict of not criminally responsible on account of mental disorder;
• extending to victims of sexual or violent crime up to age 18 protections that restrict personal cross-examination by self-represented accused persons;
• requiring police officers and judges to consider the victim's safety in all bail decisions;
• clarifying that at court proceedings to determine whether an offender sentenced to life should have his or her parole eligibility reduced (s. 745.6 hearings), the information provided by the victim may be oral or written, at the option of the victim;
• allowing victims and witnesses with a mental or physical disability to have a support person present while giving testimony; and
• making it easier for victims and witnesses to participate in trials by permitting the judge to ban publication of their identity where it is necessary for the proper administration of justice.

"These measures are important steps forward to reform the way the criminal justice system treats victims. But our work is not over. Through our new Victims' Policy Centre, we will ensure that the victim's perspective will always be considered in the development of any future legislation," concluded Minister McLellan. The new Victims' Policy Centre will also manage, coordinate and enhance all federal initiatives relating to victims and become a centre of expertise on emerging national and international issues and trends in victim advocacy, legislation and services.

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Ref.:   Catherine Kane       Pierre Gratton
        Policy Sector        Minister's Office
        (613) 957-4690       (613) 992-4621