Backgrounder
Summary of Progress on Federal Initiatives for Crime Victims
On December 16, 1998, the Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, tabled the Government of Canada's Response to the Report of the House of Commons Standing Committee on Justice and Human Rights,
Victims' Rights -- A Voice Not a Veto. The Government's Response outlined a strategy to enhance the role of victims in the criminal justice system and to ensure that they are treated with courtesy, compassion and respect for their
dignity.
The Government's Response pledged to amend the Criminal Code to address the concerns highlighted in the Committee's Report: to ensure ways of providing victims with information they need in a timely manner, and to include their
perspective in the development of policy and legislation that have an impact on them. The Government of Canada underlined its commitment to work with the provinces and territories and with partners in all parts of the criminal justice system to
implement this strategy.
Federal, provincial and territorial governments share the responsibility to respond to the needs and concerns of victims of crime and to articulate the role of victims in the criminal justice system. The federal government's role focuses on
criminal law, as set out in the Criminal Code. The provinces are primarily responsible for enforcing the law, prosecuting offences, administering justice in general and providing direct services and assistance to victims of crime.
The following summarizes recent progress and efforts underway to improve the situation of victims of crime:
Criminal Code amendments
Bill C-79, legislation to enhance the safety, security and privacy of victims of crime in the criminal justice system, came into force on December 1, 1999. Changes to the Criminal Code:
-
ensure victims are informed about opportunities to prepare a victim impact statement and permit victims to read the statement out loud if they choose;
-
require police and judges to consider the safety of victims in all bail decisions;
-
make it easier for victims and witnesses to participate in trials by expanding protections for young victims and witnesses from being personally cross-examined by accused persons representing themselves in court and expand opportunities for victims
and witnesses to have a support person present when giving testimony;
-
permit a judge to ban the publication of the identity of victims and witnesses in appropriate circumstances; and
-
require all offenders to pay an automatic victim surcharge (an additional monetary penalty), which increases revenue for provinces and territories to expand and improve victim services.
Policy Centre for Victims Issues
The Policy Centre for Victims Issues will ensure that the perspective of victims of crime is considered in the development of federal policies and legislation.
The Policy Centre works closely with other sectors within the Department of Justice, including Youth Justice; Family, Children and Youth; the National Crime Prevention Centre and Aboriginal Justice to ensure consistency in victim policies related to
family violence, children as victims, Aboriginal victims and other criminal justice initiatives. The Department of Justice is also working with the Ministry of the Solicitor General, the Correctional Service of Canada, the National Parole Board and
the RCMP in several areas related to victims in the criminal justice system.
Research will be an essential component of the work carried out by the Policy Centre. Some projects currently underway include a review of practices in Canada and abroad in legislation, policies and services to victims and identifying new initiatives
and more effective approaches within the Canadian justice system.
The short-term research plan includes a review of literature over the past decade on victims of crime. The review will focus on the use of restitution, victim impact statements and victim surcharges and examine available material on the concerns of
victims about the criminal justice system. The literature review will help identify gaps in the knowledge base and areas for new or follow-up research. The Policy Centre is also involved in research on victim impact statements, and is conducting focus
groups with victims to explore their experiences in three different jurisdictions. The focus groups are designed as a first step towards more extensive research into the benefits of victim impact statements.
Ongoing consultation will be a key feature of the Policy Centre. Building on the success of the initial consultation in March 2000, the Policy Centre will identify additional advocates and service providers and explore regional consultations, in
partnership and in consultation with our provincial and territorial colleagues.
Federal-Provincial-Territorial Working Group
The Government of Canada collaborates with the provinces and territories through the Federal-Provincial-Territorial Working Group on Victims of Crime. The Government's Response endorsed the ongoing work of this forum. In March 2000, the Working
Group members met with non-governmental victim advocates and service providers to set the stage for continuing consultations. Since the tabling of the Government's Response, the Working Group has:
-
reviewed and discussed the need for a renewed Canadian Statement of Basic Principles of Victims. This Statement was jointly endorsed by Federal, Provincial and Territorial Ministers Responsible for Justice in 1988 and continues to guide the
development of policies, programs and legislation;
-
shared information about victim services, training of victim service providers;
-
identified research priorities;
-
identified emerging issues, including the need for restorative justice approaches to be victim-centred.
-
identified implementation issues related to Bill C-79; and
-
provided expertise to Department of Justice Canada's consultation on Children as Victims.
Consultations with non-governmental advocates
In March 2000, 35 non-government groups attended a meeting of representatives from all components of the criminal justice system. The objective of the meeting was to create a consultation process and to link non-governmental organizations, service
providers and advocates with key people within their home jurisdictions. Participants identified issues of continuing concern and shared their expectations regarding the newly formed Policy Centre and government in general.
Information for victims of crime
When Bill C-79 came into force in December 1999, the Department of Justice published and posted on its website, backgrounders and fact sheets on publication bans, victim impact statements, victim surcharges and restitution. The website now contains
general information about the Government of Canada's role, federal legislation (Criminal Code) and references to the Corrections and Conditional Release Act, Young Offenders Act and Bill C-3 (the proposed
Youth Criminal Justice Act).
Publications on the Criminal Code amendments and a guide about the justice system for victims of crime will be available by Spring 2000.
- 30 -
Department of Justice Canada
March 20, 2000
|
