CRIMINAL CODE CHANGES WILL STRENGTHEN JUSTICE SYSTEM

 OTTAWA June 8, 2000—The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, today introduced amendments to the Criminal Code that will toughen sentencing provisions for home invasions and criminal harassment and enhance the efficiency and effectiveness of the criminal justice system. The Minister also announced changes that will strengthen the process for investigating allegations of wrongful conviction and make it more open, accessible and accountable.

"The safety of Canadians is a priority for the Government of Canada. The harm caused by the violation of a person's home and personal security requires that home invasions and criminal harassment be met with serious penalties," said Minister McLellan. "By toughening sentences, we are underscoring that these types of crimes will not be tolerated - the personal security of Canadians is paramount."

Home invasion

The proposed home invasion amendment would specifically identify home invasion as an aggravating circumstance to be considered by the judge at the time of sentencing. This amendment will provide judges with clear direction that the Government of Canada views home invasions as serious criminal conduct that should be met with significant penalties.

Criminal Harassment

The maximum sentence for criminal harassment, or "stalking", will be doubled from five to ten years imprisonment. The government has also released Handbook for Police and Crown Prosecutors on Criminal Harassment, which provides practical guidelines on all aspects of criminal harassment, including victim safety. Together, the amendment and handbook will strengthen the criminal justice system's response to criminal harassment.

Conviction Review (section 690)

Included in today's bill are amendments to the Criminal Code that will improve the process for reviewing allegations of wrongful conviction. The Criminal Code section addressing conviction review will be expanded to allow for the review of allegations of miscarriage of justice in summary conviction offences. Amendments will provide those investigating applications with powers to compel the production of documents and the appearance of witnesses relevant to the case. The section will now clearly spell out for the first time the criteria under which the Minister will consider granting a remedy. The amendments also allow for regulations to be made to clearly state how one applies for a review and the process of review. In addition, the Minister will be required to provide an Annual Report to Parliament on the operation of conviction reviews.

A number of other important non-legislative changes to improve the conviction review process and ensure that it is fair, timely, open and accountable will be made:

• A Special Advisor will be appointed from outside the department to oversee the review of alleged miscarriage of justice applications, and will be responsible for the review unit and for providing advice directly to the Minister in these matters, providing a degree of independence from the Department of Justice;
• A Web site will be set up to give applicants information on the process; and
• The conviction review unit will be expanded to include investigators to assist counsel in reviewing cases.

"Regrettably, wrongful convictions can sometimes occur and, when they do, the effect is devastating - lives are derailed and families torn apart," said Minister McLellan. "With these improvements, the conviction review process will remain an important and effective safeguard in the criminal justice system to address miscarriages of justice."

Criminal Procedure Reform and Amendments to other Acts

In addition, the bill will amend several provisions in the Criminal Code relating to criminal procedure to modernize the justice system and increase its efficiency and effectiveness through, for example, facilitating the use of electronic documents and remote appearances.

"The Government of Canada developed this legislation in close consultation with the provinces and territories to address the concerns of Canadians across the country, " said Ms. McLellan. "These amendments are a good example of how federal, provincial and territorial governments can work together to improve our justice system for all Canadians."

The bill also includes other amendments to provisions under the National Capital Act and National Defence Act.

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Ref.:

Farah Mohamed
Director of Communications
Minister's Office
Department of Justice
(613) 992-4621

Howard Bebbington
Counsel
Criminal Law Policy Section
Department of Justice
(613) 957-4917

Mary McFadyen
A/Senior Counsel
Criminal Conviction Review Group
(613) 941-4044

A Handbook for Police and Crown Prosecutors on Criminal Harassment