Backgrounder

Over the past several years, the Government of Canada has worked to improve the experience of victims in the criminal justice system. Public Safety and Emergency Preparedness Canada, Correctional Service of Canada (CSC), the National Parole Board (NPB), and the Department of Justice Canada have worked together to implement measures in order to better meet the needs of victims.

What is in place?

CSC and NPB have a number of services to assist victims of offenders under federal responsibility. Both agencies provide information to victims (e.g. offender's name, length of sentence, release dates), as stipulated in the Corrections and Conditional Release Act (CCRA). Victims can attend NPB hearings as observers and can access NPB decisions through a decision registry. Since July 2001, victims can present an impact statement at parole hearings in person or by way of audio or videotape. CSC also offers victim-offender mediation services and supports such restorative approaches, where appropriate.

Multi-year data clearly show the extensive and growing involvement of victims:

• The number of victims who registered for notification more than tripled between 1995 and 2004 - up from 1,200 to 4,400.
• Over the last five years, NPB has had 11,000 to 15,000 contacts with victims, with more than 1,000 observers at parole hearings.
• NPB receives over 1,100 new requests per year for access to its decision registry. Once access is allowed, most requesters, particularly victims, want to continue to receive NPB decisions in the case. As a result, the Board provides 4,000 decisions annually.
• From July 2001 to March 31, 2004, 518 victims indicated that they intended to make a statement at NPB hearings and 382 actually made a statement.

Victims of Crime Initiative
The Department of Justice's Victims of Crime Initiative was launched in April 2000 in response to the Standing Committee on Justice and Human Rights Report Victims' Rights - A Voice Not a Veto. Administered by the Policy Centre for Victim Issues (PCVI), the overall goal of the Victims of Crime Initiative has been to increase the confidence of victims of crime in the criminal justice system through raising awareness among victims of crime and their families about their role in the criminal justice system and of services and assistance available to support them. This is achieved through consultation, research, policy development, legislative review and amendments, project funding and most importantly, a close working relationship with provincial and territorial counterparts who are tasked with the responsibility for victim services delivery.

In the first five years of its mandate, the Policy Centre for Victim Issues has conducted a number of evaluations, surveys and consultations with victims of crimes, victim advocates and service providers on their experiences and on specific issues. Overall results have indicated significant improvements in victim services, awareness, education and training, particularly in smaller jurisdictions and the North. These results have also enabled PCVI to advance the federal strategy and raise the profile of victim issues.

The Victims of Crime Initiative also established the Victim Fund, which provides grants and contributions to provincial and territorial governments and non-governmental organizations to develop, promote and enhance services and assistance for victims. Budget 2005 renewed the Initiative on an ongoing basis and provided funding to the Department of Justice of $25 million for the next five years.

The PCVI is mandated to work toward improving the experience of the victims of crime in the criminal justice system by pursuing a range of activities and initiatives to:

• Make victims more aware of their role in the criminal justice system and the laws, services and assistance applicable to them;
• Increase overall awareness about the needs of victims of crime and effective approaches in Canada and internationally; and
• Improve the ability of the Department of Justice to develop laws and policy that take into consideration the perspectives of victims.

What is new?

On April 20, 2005, Public Safety and Emergency Preparedness Canada tabled legislative amendments to the CCRA and announced a number of new program measures that will greatly benefit victims.

Revision to the definition of victims of offenders under federal responsibility
A revision to the definition of victim in the CCRA will be made so that guardians or caregivers of dependents of victims who are deceased, ill or otherwise incapacitated can get the information that victims are permitted under the current law.

Financial assistance to attend parole hearings
As of fall 2005, financial assistance will be provided to registered victims of crime who wish to attend National Parole Board (NPB) hearings of the offender who harmed them. The Department of Justice Policy Centre for Victim Issues will administer this financial assistance.

Presentation of Victim Impact Statements
The right of victims to present an impact statement at NPB hearings will be enshrined in law. Although this has been a policy of NPB since July 2001, it will now be included in the CCRA.

Expanded information to victims
The legislative amendments will also allow victims to have access to a recording of the most recent NPB hearing regarding the offender who harmed them. In addition, CSC and NPB will be authorized to disclose to victims information about an offender's program participation, as well as information about the transfer of an offender to another institution, including the reason(s) for the transfer, with advance notice of transfers to minimum security institutions given to victims whenever possible.

National Office for Victims of offenders under federal responsibility
The Department of Public Safety and Emergency Preparedness Canada will establish a National Office for Victims in fall 2005. The office will augment existing information services provided directly by CSC and NPB and will be co-located with the Policy Centre for Victim Issues at the Department of Justice. The office will:

• Establish a national toll-free telephone line that will provide general information to victims and perform a referral function for specific information enquiries and complaints about federal corrections and conditional release;
• Provide a victims perspective to PSEPC, CSC and NPB;
• Develop information products for dissemination to victims and the general public.
• Collaborate with the Department of Justice's Policy Centre for Victim Issues; and
• Provide input into the development of communication and training material by PSEPC, CSC and NPB.