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Victims of Crime Initiative: Activities Report April 2000 - October 2004

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3. PCVI Activities: April 2000 – October 2004

Since its inception in April 2000, the PCVI has been very active in understanding, articulating, and promoting the needs and interests of victims of crime through multi-faceted activities, incorporating both a national and a regional focus. This section will highlight our main activities over the last three years in a number of key areas. 4

3.1 Law Reform and Criminal Law Policy Development

The PCVI has engaged in a number of law reform activities in order to ensure that the needs and concerns of victims are included in new federal legislation and policies and that existing provisions are operating as intended.

Case Law Reviews

Case law reviews have been undertaken in the last four and a half years on victim impact statements, publication bans, exclusion of the public from the courtroom, the use of screens, restitution and restriction of cross-examination by self-represented accused. These are regularly updated and shared with colleagues.

Monitoring of Code Provisions

In addition to monitoring all private members' bills related to victims, the PCVI also monitors the use of existing Criminal Code provisions with a view to future reform. Key areas include:

• victim impact statements;
• exclusion of the public from the courtroom;
• restrictions on the cross-examination of witnesses under 18 years of age by self-represented accused;
• reform of non-communication orders to allow sentencing court to make a non-contact or communication order during the offender's period of imprisonment;
• enforcement of restitution orders;
• clarification of wording in all publication ban provisions to include "publish or broadcast in any manner" to cover the internet;
• consideration of victim consent re publication bans to protect their identity and a process for revocation;
• possible approaches to provide guidance to judges in the exercise of their discretion to exclude members of the public from the courtroom; and
• receipt of children's testimony (s. 16 Canada Evidence Act ).

Victim Related Law Reform

The PCVI has worked closely with colleagues in the area of victim related law reform, assisting with sections of the Youth Criminal Justice Act that affect victims and coordinating input with the Family, Children and Youth section on the Children as Victims Law Reform Project.

With respect to law reform initiatives, the PCVI played a key role in the development of reform options to facilitate the participation of young victims and witnesses in the court process and to facilitate the provision of a child's testimony (e.g. Canada Evidence Act ). Specific amendments were included in Bill C-2, An Act to Amend the Criminal Code (protection of children and other vulnerable persons).

In addition, the PCVI analyzed the victim-related recommendations of the Report of the Standing Committee on Justice and Human Rights – Review of the Mental Disorder Provisions of the Criminal Code . The PCVI collaborated with the Sentencing Reform Team to ensure that the interests of victims of crime were considered in the development of Bill C-10 – An Act to Amend the Criminal Code (mental disorder reforms) which includes provisions to provide a greater role for victims at Review Board hearings.

The PCVI also analyzed the feasibility and implications of a Charter amendment to include specific victim rights and other options (including statutory reforms) to respond to calls to ensure enforceable rights for victims of crime.

The PCVI has also coordinated activities with the Correctional Service of Canada regarding victim interests in corrections and parole issues. In relation to this, the PCVI has developed close linkages with the Department of Public Safety and Emergency Preparedness Canada (PSEPC) to advance a coordinated approach to meeting victims' needs following the government response to the Corrections and Conditional Release Act review. One of the key initiatives of this partnership was the establishment of a joint Correctional Service of Canada ( CSC)/National Parole Board (NPB) National Office for Victims that is located at the PCVI.

Canadian Statement of Basic Principles of Justice for Victims of Crime

The PCVI worked closely with the Federal/Provincial/Territorial Working Group on Victims of Crime to renew the Canadian Statement of Basic Principles of Justice for Victims of Crime . In March 2003, members of the Working Group came to a consensus on the final version of the Statement . The renewed Statement was then forwarded to Ministers Responsible for Criminal Justice for their review.

In recognition of the United Nations Declaration of Basic Principles of Justice for Victims of Crime, Federal and Provincial Ministers Responsible for Criminal Justice have renewed the commitment to a new Canadian Statement of Basic Principles of Justice for Victims of Crime. The new Statement recognizes that all provinces and territories as well as the federal government share the responsibility and obligation to improve the experience of the victim in the criminal justice system, while working within each jurisdiction's respective mandates.

International Law Reform

The PCVI has assisted in international law reform through participation in the development of the United Nations Basic Principles on Restorative Justice and the Restorative Justice Resolution presented at the UN Crime Congress in the spring of 2002. This resolution, adopted in 2000, is intended to establish standards to be followed in the development of Restorative Justice programs and PCVI input ensured that victims' interests were included.

The PCVI also provided comments on the following draft international documents to ensure that the victim's perspective was included: the UN Convention Against Corruption, the UN Convention on the Elimination of Discrimination Against Women (CEDAW), the UN Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, the Commission on the Status of Women draft conclusions on the World Health Report/Violence Against Women, and a UN document on restitution, compensation and rehabilitation. The PCVI also helped to prepare the response to the UN Rapporteur on Violence Against Women and provided comments on the Memorandum to Cabinet regarding Canada 's ratification of the Optional Protocol to the Convention on the Rights of the Child.

3.2 Consultation

Consultation has been an important component of the PCVI's mandate. Since the VCI was established in 2000, the PCVI has engaged in consultations with a broad range of stakeholders to ensure the perspective of crime victims is considered in law reform, policy development, program initiatives, the identification of necessary research, the effectiveness of law reform, and other initiatives. Consultations organized or supported by the PCVI include:

• National Roundtable with PCVI stakeholders, March 2000.
• PEI Consultation, Roundtable on Emerging Issues in Victim Services, October 2000.
• National Consultations with Victims of Crime on the Corrections and Conditional Release Act , March 2001. This included seven regional consultations co-sponsored by the PCVI, the NPB, CSC and SGC.
• Focus Groups with academics, victim service providers and advocates and criminal justice personnel, January and March 2001to discuss the PCVI research agenda.
• Focus Groups with victims on victim impact statements, March/April 2001.
• Consultation on the development of an Electronic Directory of Victim Services, November 2001.
• Saskatchewan Round Tables with stakeholders, March 2002. Consultation on the needs of victims that are older persons and persons with disabilities.
• Saskatchewan Round Tables with stakeholders, March 2002. Consultation on the needs of Aboriginal victims.
• Victims of Crime and Restorative Justice with victim service providers and academics, Quebec, March 2002. One day workshop.
• New Brunswick Stakeholder Consultation on Criminal Justice Services and Victims of Crime, May 2002.
• Joint meeting of the Federal/Provincial/Territorial Working Group on Restorative Justice and the Federal/Provincial/Territorial Working Group on Victims of Crime, May 2002.
• Victim Impact Statements Survey and Symposium, September 2002. About 20 people including judges, Crowns, defence counsel, academics and government policy makers met to discuss challenges, benefits and best practices in the submission of victim impact statements and possible reforms for improvement.
• National Consultation between CSC and NPB and national victim service organizations funded by CSC, November 2002.
• Informal Consultation with Aboriginal community-based justice program Directors (funded by the provinces/territories and the Aboriginal Justice Strategy) on best practices and challenges of victim involvement, January 2003.
• Focus groups with victim service providers to canvas their input on the Electronic Directory of Victim Services in three sites – Halifax, Toronto and Vancouver, April 2004.

These consultations have informed federal, provincial and territorial activities in the area of services, research, legislative reform, and policy development. Many of the reports and findings have been circulated broadly to stakeholders across jurisdictions as well as internally within the Department.  

3.3 Conferences & Workshops

One of the goals of the VCI has been to develop and disseminate information on effective approaches to responding to the needs of victims of crime. The PCVI has supported the dissemination of information through a wide variety of mediums. Conferences provide a unique opportunity to disseminate information to a large number of people who are committed to similar issues.

The PCVI has participated in a number of conferences to share information, and/or has provided funds to support the generation of new knowledge and the sharing of new ideas through this venue.

One of the most significant contributions that the PCVI has made to promote information sharing involved hosting a first-ever National Victims Conference last November 2003 in Ottawa entitled, “Moving Forward: Lessons Learned from Victims of Crime” . The Conference provided information about the varying mandates and roles of federal (and provincial/territorial) governments vis à vis victims and about the criminal justice system, focusing on issues of interest or concern to victims; encouraged networking among non-governmental organizations, victim organizations with each other and with government; and provided an opportunity for informed consultation/dialogue on emerging issues and issues of concern.   Over 75 individuals or groups provided presentations or workshops on topics including Victims of Domestic Violence, Restorative Justice and Victims, Victims of Sexual Assault, Children as Victims and Witnesses, Training and Education, Service Delivery and Victims and the Criminal Justice System. More than 300 delegates including representatives from federal departments and agencies, provincial/territorial officials, victim services providers, victim advocates, police, criminal justice personnel, federal Victim Witness Assistants, policy makers, academics, non-governmental organizations and victims attended the three-day event from across Canada. Proceedings of the conference were shared with all conference participants through the VCI web site.

Another key contribution that the PCVI has made to facilitate networking and information sharing included providing resources for the Annual NOVA (National Organization of Victim Assistance) Conference held in Edmonton in August 2001. The National Organization for Victim Assistance is a private, non-profit organization for victim and witness assistance practitioners, criminal justice agencies and professionals, mental health professionals, researchers, former victims and survivors, and others committed to the recognition and implementation of victim rights and services. Feedback from participants (some of whom the PCVI funded to attend) was very positive. Members of the Federal-Provincial-Territorial Working Group on Victims of Crime attended and delivered many workshops.

The PCVI has also supported, organized and participated in workshops that provide an opportunity for dialogue and information sharing among smaller groups of people on specific topics or issues. For example, in April 2004, staff from the PCVI made a presentation and answered questions at a training session sponsored by the CSC. The presentation highlighted the activities of the VCI, the needs of victims of crime and provided a brief overview of how victim services are delivered in the provinces and territories. In March 2004, the PCVI presented information on the VCI at a joint CSC/NPB training session for victim liaison workers and community resource officers and provided written materials for other sessions that took place across the country. The RCMP organized a workshop for its victim services personnel in March 2003 to address a number of victim related issues. The Director of the PCVI made a presentation at this event which provided an overview of the VCI and highlighted activities being undertaken by the Department of Justice to respond to the needs of crime victims. The PCVI also worked with the RCMP to host a workshop on self-care at the June 2002 meeting of northern victim witness assistants in Gatineau, Quebec. These kinds of activities have served to enhance linkages between federal departments.

3.4 Coordinating Federal Initiatives

Part of the PCVI mandate has been to act as a ‘victim's lens' in the development of federal legislation, policies and programming. Consequently, the PCVI has participated on a number of committees and groups.

Department of Justice Forums

The PCVI has been an active member on a number of departmental and interdepartmental committees and working groups including the:

• Departmental Committee on Family Violence

This committee is chaired by the Family, Children and Youth section and is comprised of representatives from sections within the Department which fund or work on projects related to family violence. This departmental committee feeds into the larger inter-governmental family violence initiative. It serves to provide a coordinated approach to family violence activities within the Department which include policy, research, project funding and public legal education and awareness.

• Departmental Committee on Children and Youth

The Departmental Committee on Children and Youth is chaired by the Family, Children and Youth section and provides a forum for information sharing among various sections of the Department of Justice which work on child and youth issues.

• Excellence in Programs Working Group

The EiP was formed in the fall of 2000 to strengthen linkages between departmental programs. It is comprised of representatives from each of the grants and contributions funding initiatives as well as representatives from the Electronic Communications Division, the Intergovernmental and External Relations Division and the Evaluation Division. Current priorities for the Working Group include implementing a project management database system that has the capacity to monitor performance in grants and contributions department-wide, developing department-wide standards for managing grants and contributions programs, and developing the program community by providing training, opportunities to network and by developing ongoing linkages.

• Ad-Hoc Working Group of Program Managers

This group is made up of program managers in the Department of Justice who come together to discuss program delivery issues that cut across mandates.

• Northern Programs Working Group

This group, established in 1999 to coincide with the creation of the Nunavut Territory, was originally known as the Nunavut Working Group. All programs and responsibility centres with an interest in Nunavut attended this bi-monthly meeting and reported on current and upcoming activities and shared linkages. The Working Group also sought to ensure that programs at the federal level were coordinated to best benefit the Territory. The group has now been expanded to address the needs of all Aboriginal people living in the territories. The group meets every two months to share information about funded projects or potential projects and to discuss broader activities taking place in the North including policy development and conferences, in order to create linkages to further advance capacity building efforts in the North.

• Ongoing Liaison with the Northern Region

Given the unique role of the Department of Justice in the Territories, the PCVI works very closely with the Northern Region. The two groups coordinate expertise, activities and resources to ensure that the unique court-based needs of victims in the north are addressed. The PCVI and the Northern Region have collaborated in many ways to enhance services for northern victims of crime.

• Youth Justice Working Group

The meetings held by this group create a venue for members of the Youth Justice Renewal Strategy team to keep one another informed of activities. The meetings are open to other departmental officials. PCVI, when appropriate, has attended and shared pertinent information.

• Aboriginal Justice Strategy

The PCVI attends and participates in meetings sponsored, hosted, or organized by the Aboriginal Justice Strategy, such as federal-provincial-territorial meetings, as required.

• Policy Priorities Committee

The Director of the PCVI attends on an ad hoc basis when issues relevant to the work of the PCVI are on the agenda.

Interdepartmental Committees

The PCVI has also participated on a number of Interdepartmental Committees or Working Groups including the Interdepartmental Working Group on Trafficking and the Interdepartmental Victims Advisory Committee.

• Interdepartmental Working Group on Trafficking

The Interdepartmental Working Group on Trafficking is co-chaired by the Department of Justice and the Department of Foreign Affairs. It was originally an ad hoc working group but received official status in 2003 to develop and implement a federal strategy on trafficking. The federal strategy is being developed in conjunction with representatives from the following departments who sit on this working group: HRDC, CIDA, RCMP, Immigration Canada, Status of Women Canada, Health Canada, Privy Council Office, and PSEPC.

•   Interdepartmental Victims Advisory Committee

The committee, comprised of representatives from PCVI, CSC, the NPB and PSEPC, meet to share information and coordinate initiatives for victims at the federal level. The committee provided direction to the creation of a joint CSC/NPB National Office for Victims of Crime in April 2003 which was located at the Department of Justice in the Policy Centre for Victim Issues. Committee members also provided input into the development of a national training initiative that took place in March 2004 for CSC victim liaison officers and NPB communications resource officers and into the creation of a booklet entitled “Victims of Crime: Staying Informed” that was distributed across the country.

Federal/Provincial/Territorial Forums

In addition to Department of Justice Working Groups and Committees, the PCVI has participated in a number of other Federal/Provincial/Territorial Working Groups either on an ad hoc or ongoing basis such as the:

• Ad-Hoc Federal-Provincial-Territorial Working Group Reviewing Spousal Abuse Policies and Legislation

The PCVI has been a working member of this group, whose mandate is to review the implementation and status of mandatory charging and prosecutorial policies related to spousal abuse. The Working Group presented the review to FPT Ministers in November 2002. It was well received and was released in March 2003. The Working Group will soon formally disband but will liaise as needed by teleconference and e-mail.

• Federal-Provincial-Territorial Working Group on Restorative Justice

The Department of Justice co-chairs the Federal-Provincial-Territorial Working Group on Restorative Justice. This FPTWG is encouraged to work in co-operation and consultation with the PCVI and with the Federal-Provincial-Territorial Working Group on Victims of Crime and hosted a joint meeting to ensure that restorative justice initiatives respect and protect the interests of victims of crime in 2002.

Currently, the FPTWG on Restorative Justice is engaged in a large literature review to explore the use of restorative justice processes in cases of domestic violence and sexual assault. Themes, major findings, reasons supporting the use of restorative justice, concerns about the use of restorative justice, and elements of an effective response in these cases, are being documented from relevant resources and will be integrated into a larger paper that will be shared with colleagues.

The PVCI has also participated on the Federal-Provincial-Territorial Working Group on Criminal Procedure.

3.5 Federal-Provincial-Territorial Working Group on Victims of Crime

Since its inception in 2000, the PCVI has been committed to supporting the Federal-Provincial-Territorial victim's network through the Federal-Provincial-Territorial Working Group on Victims of Crime. Established in 1996, the FPTWG on Victims of Crime meets regularly to discuss a variety of emerging issues and trends. These meetings provide an excellent opportunity for information sharing among jurisdictions and key stakeholders; they also provide the PCVI with the opportunity to collect information on victim programs, services and related activities within the provinces and territories.

The PCVI has played a secretariat role in this network organizing the meetings, developing an agenda (based on the input of the jurisdictions), and providing some of the resources for the Directors (or their delegates) to attend. This has facilitated the participation of all jurisdictions. Meetings have been held in a number of jurisdictions and have often taken place to coincide with other victim - related events for attendees to participate in.

The Federal-Provincial-Territorial victim's network is essential given the primary role of the provinces and territories in delivering front-end and court-based victim services. Thus far, it has been a very active and productive venue, serving a number of purposes. By bringing all of the key jurisdictional stakeholders together the FPTWG network has:

• provided a forum to share information and expertise;
• allowed for joint exploration of initiatives;
• provided a venue to identify and discuss emerging issues;
• been a venue for informal evaluation of programs and legislation;
• identified gaps in the law and challenges with its implementation;
• provided a forum to identify research needs;
• provided the Department of Justice/PCVI with information on jurisdictional priorities and expectations and experiences with the Victims Fund; and
• strengthened inter-jurisdictional linkages.

In these meetings the PCVI has actively engaged the expertise of the members and prepares and distributes discussion papers and charts for the members to review and comment on. 5Some key areas that the FPTWG has been asked to provide input on include proposed legislative amendments, implementation issues concerning Bill C-79 and renewal of the Canadian Statement of Basic Principles of Justice for Victims of Crime. The FPTWG has also been asked to share their expertise in determining research priorities, addressing emerging issues which include the impact of privacy legislation, in discussions concerning whether victim rights should be more formally entrenched and, responding to mass victimization, and setting priorities for the Victims Fund. 6

In addition to the above tasks, the FPTWG has agreed on a work plan for the 2004/2005 fiscal year. The work plan addresses a number of key priorities:

• following up on requests to consider a Charter amendment;
• addressing the needs of victims of persons found Not Criminally Responsible;
• conducting Victim Impact Statement research;
• conducting research on restitution;
• conducting research on the victim surcharge;
• addressing the needs of Aboriginal victims of crime;
• developing a promising practices document for victim service delivery based on the Canadian Statement of Basic Principles of Justice for Victims of Crime;
• sharing best practices from jurisdictions; and
• providing input into plans for renewal of the VCI.

The PCVI has also utilized this network and the expertise of the members to ensure that accurate and timely information is shared with the public and key stakeholders. For example, the PCVI provided funding for Directors of Victim Services to prepare and present workshops at an international symposium in 2000 and at the 2001 NOVA conference in Edmonton.

Joint Meeting: FPTWG on Restorative Justice and the FPTWG on Victims of Crime

In May 2002, the PCVI worked with Departmental colleagues to organize and host a joint meeting between the FPTWG on Restorative Justice and the FPTWG on Victims of Crime. Small group discussions and scenarios were used to facilitate discussion on key issues victim service providers and managers have raised regarding the use of restorative justice in their jurisdictions.

In addition, members of the working groups heard presentations from representatives of non-governmental organizations share their experiences regarding the use of restorative justice. The first presenter offered a critique of restorative justice that focused on concerns about using restorative justice processes in domestic violence and sexual assault cases and in cases involving vulnerable people where power imbalances exist. The second presenter discussed the approach that his organization has adopted in applying restorative justice to protect, support and help victims of crime.

Working group members also discussed and provided input into two draft documents that the FPTWG on Restorative Justice contributed to, entitled Values and Principles of Restorative Justice and Restorative Justice Program Funding Guidelines.

This meeting created an opportunity for dialogue and increased understanding between the two FPT Working Groups on key issues and concerns victim service providers have regarding restorative justice. The meeting was successful and many topics were discussed. Representatives of both groups agreed that another shared meeting would be useful at a later date to maintain the momentum on the dialogue. If the VCI is renewed, plans for a follow up meeting will be made.

3.6 Public Legal Education and Awareness

One of the key objectives of the PCVI has been to ensure that victims, their families, and criminal justice professionals know about the role of victims in the criminal justice system and about related laws, services and assistance available to them. The PCVI is also committed to increasing awareness among Canadians about key issues for victims of crime. Over the past four and a half years, PCVI has been active in developing and disseminating information about the victim's role in the criminal justice system through a variety of mediums: 7

(1) Fact Sheets . The PCVI has developed eight fact sheets on topics relevant to victims of crime and within federal jurisdiction. These topics include Publication Bans, Victim Surcharge, Restitution Orders, Victim Impact Statements, Restorative Justice, Conditional Sentences, Impaired Driving, and the Victims Fund (See the VCI web site or contact us for copies).

(2) Pamphlets. The PCVI has produced two pamphlets. One entitled “Victims Matter,” highlights the rights of victims of crime under Canadian law. The other pamphlet “Responding to the Needs of Victims of Crime” highlights the federal government's role in addressing victims' needs.

(3) Booklets. The PCVI co-produced, with the CSC, NPB and PSEP, a booklet entitled “Victims of Crime Staying Informed.” It is a guide for victims that informs them about what they are entitled to know about the person that harmed them while that person is under the jurisdiction of the Correctional Service of Canada or the National Parole Board and how they can obtain that information. It also describes the role victims can play in providing information that may affect decisions about offenders.

(4) PVCI Kiosk. The PCVI has developed a multi-functional display kit for the purposes of displaying literature and promoting the VCI at conferences and other events.

(5) PVCI Web Site ( http://www.canada.justice.gc.ca/victim). This site describes the Victims of Crime Initiative, provides links to publications on key issues for victims, and highlights government activities for victims. It describes C riminal Code provisions of interest and or benefit to victims and has a section on ‘frequently asked questions'. It also describes jurisdictional issues vis-a-vis victims in Canada and provides information on the Victims Fund. Links to other resources (provincial/territorial and federal), all PCVI news releases and the terms and conditions of the Victims Fund are also available on the web site. Recently, the look of the site was updated and re-organized and several new publications were added, The PCVI published a bookmark to help publicize the site.

(6) Research/ Consultation Reports . The PCVI has sponsored and published a number of consultation reports, including the Summary Report on Victim Impact Statement Focus Groups and, with the Department of Public Safety and Emergency Preparedness, the CCRA National Consultation with Victims of Crime .

(7) A Crime Victim's Guide to the Criminal Justice System. This handbook answers questions victims of crime may have regarding the criminal justice system, including their role in the investigation stage, bail, trial, sentencing, appeal and parole stages. There is also a glossary of terms and contact information included.

(8) A Handbook for Police and Crown Prosecutors on Criminal Harassment. The PCVI contributed input into an update of this handbook which is designed to provide police and Crown prosecutors with guidelines for the investigation and prosecution of criminal harassment cases. It is also intended to promote an integrated criminal justice response to stalking.

(9) Presentations . PCVI staff has made presentations at conferences, workshops and other information sharing/educational venues to raise awareness about victim issues and activities that the Department of Justice is undertaking to support victims of crime.

(10) Inquiry/Comments Link . To allow for feedback from site visitors, the web site includes an inquiry function. The PCVI receives many requests through this venue and we respond to as many as possible. We are currently analyzing the nature of inquiries in an effort to anticipate basic information requirements and highlight them on the web site as FAQs.

(11) Intranet Site . The PCVI Intranet site is used to promote the initiative to internal Department of Justice audiences and to provide information about PCVI activities, research and publications.

(12) Posters. Recently, posters designed to promote and raise awareness of the renewed Canadian Statement of Basic Principles of Justice for Victims of Crime were developed and will be broadly distributed.

(13) On-line National Directory of Victim Services . The PCVI is currently developing an on-line national directory of victim services. The directory will include all government-based victim services across Canada. All non-governmental services for victims will be incorporated into the directory at a later date.

Research

One of the cornerstones of the PCVI mandate has been the production of relevant, timely, and meaningful research that documents what victims of crime need, how their situation can be improved, and advances a victim agenda in all relevant agencies and departments at both the federal and provincial/territorial level. To accomplish this goal, a five-year research plan was developed. This work plan covered areas such as Criminal Code amendments, victim related criminal justice research (e.g. restorative justice, best practices in service delivery, special needs) as well as case law research. All the research speaks to one of three key questions/areas:

• What is the current situation and what is known about the status quo?
• What are the gaps, challenges, lessons learned and best practices?
• What can be done to improve the situation?

Over the last four and a half years, the PCVI, in collaboration with our Research and Statistics Division colleagues, has completed many research projects that have a strong policy development focus with a view to understanding the three questions posed above.

Research into the area of recent Criminal Code amendments (Bill C-79, 1999) was conducted through the “Multi-Site Study of Victims of Crime and Criminal Justice Professionals Across Canada”, a key activity in our research work plan, and one of the single largest research projects undertaken by the PCVI. This research is the PCVI's primary vehicle for understanding the impact of current legislation on victims of crime and the criminal justice system. Approximately 2000 victims and criminal justice professionals were interviewed and surveyed on a range of issues related to victim participation in the criminal justice system. The issues included awareness of existing federal legislation and other provisions for victims as well as awareness of, perceptions of, use of, satisfaction with and gaps in services. Summaries based on responses from each respondent group have been prepared and will be widely disseminated to the relevant audiences. The full report will also be made available upon request. This research will generate the information necessary to inform future legislative reforms and policy changes.

The PCVI also commissioned the Canadian Centre for Justice Statistics to undertake a National Survey of Victim Services. The purpose of the survey was to collect data on the agencies that provided services to primary and secondary victims of crime during the past twelve months of operation, as well as to provide a one-day “snapshot” of the clientele being served on a specific date. The Victim Services Survey was distributed across Canada to all system-based, police-based, court-based, community-based and corrections-based victim services, sexual assault centres and provincial/territorial financial benefits programs for victims of crime. A Juristat profiling victim services agencies in Canada and the clients they serve is expected to be released in the winter, 2004.

In addition to the multi-site study and the survey of victim services, a number of other victim-related studies have been undertaken by PCVI 8. A comprehensive review of the gaps, challenges, best practices and needs for victims in the three northern territories was also completed. The report clearly articulates the environment in which victimization in the north takes place. This report was widely distributed to non-governmental organizations in the three territories and to government representatives at the municipal, territorial and federal levels. A compilation of victim services in the territories was produced from the findings of this research.

A literature review was conducted to share information on how individuals cope with traumatic events and what processes they use to recover from the trauma. The review incorporated clinical experience to form recommendations on how services should be matched to meet the needs of victims of crime. A manual and information sheets were produced based on the literature review. These resources explain psychological changes that relate to being victimized and provide information on how victim characteristics, cognitive changes and coping skills impact clinical understanding and interventions.

Research focusing on victim impact statements ( VIS ) was conducted. This included a literature review on the use of VIS in sentencing between 1987 and 2002, and included the United States, the United Kingdom, New Zealand and Australia, as well as Canada. It also included the development and implementation of a survey for judges in Ontario to assess their attitudes and experiences with VIS. A seminar was held in Toronto involving 20 participants including Crown prosecutors, judges, defence counsel and academics to discuss the results of the survey and to provide an open forum for discussion. Finally, a synopsis report covering reform options was completed.

Research has focused on a breadth of other issues. For example, an exploratory study examining community-based sanctions from the perspective of the crime victim was undertaken. Interviews and focus groups were conducted in Ottawa and Toronto with victims in personal injury cases in which a community sanction had been imposed. A literature review on the role of the victim in the criminal justice process was done. The review examines a decade of literature regarding the role of victims throughout history, victims' rights in Canada, the international experience with victims' rights, and mediation and restorative approaches in relation to victim satisfaction with the criminal process. Another study assesses victim's experiences with, expectations and perceptions of restorative justice in Canada as well as in other countries. Research has also been undertaken in the areas of victim's participation in the plea negotiation process in Canada, child testimony, restitution, and privacy rights of victims.

In 2004, the PCVI undertook a stock taking exercise to develop a lessons learned document on victims' research driven by the VCI. The goal was to summarize what we have learned from the research we have undertaken. All relevant VCI research was reviewed in order to identify gaps, themes, priorities and potential implications for the PCVI, our federal colleagues and the FPT Working Group. A large report detailing each summary and implications for research, PLEI and programming was compiled that will be shared with colleagues.

The PCVI has also been actively involved in supporting less formal victim-related research projects in the provinces and territories as well as in other divisions of the Department.

Case law research is an integral component to our understanding of the impact of legislation. In addition to the case law reviews identified in the section on law reform and criminal law policy development, the PCVI has investigated the impact of Bills C-46 and C-49 on sexual assault victims through a review of the literature and through interviewing criminal justice personnel and third party record keepers.

The results of this research has increased our understanding of best practices and lessons learned, current realities, and challenges related to victims of crime in Canada.

3.8 Victims Fund

The Victims Fund is a grants and contributions fund with fairly broad terms and conditions designed to raise awareness and enhance services and assistance to victims of crime. Two million dollars has been allocated to the Fund for each fiscal year. There Fund has four components.

1. Provincial and Territorial Implementation: This component assists provinces and territories to implement legislation for victims of crime, in particular the provisions of the Criminal Code (e.g., victim impact statement, consideration of victim safety at bail, publication bans, restitution). A provincial or territorial ministry or agency designated by the provincial/territorial Attorney General or Minister of Justice may apply for a contribution.

For fiscal years 2000/2001 to 2002/2003 this component provided up to $100,000 (for populations over one million) or $50,000 (for populations of less than one million) to the provinces and territories. The purpose of the funds is to implement Code provisions for victims, provincial/territorial victim legislation or the Canadian Statement of Basic Principles of Justice for Victims of Crime. For the last three years of the life of the Fund, these amounts have been half of that amount, $50,000 and $25,000 respectively.

II. Innovative Pilot Projects: This component provides financial assistance (grants and contributions) to governmental and non-governmental organizations to promote the objectives of the Fund (see below). A variety of activities have been supported under this component including innovative projects, public education initiatives, enhanced assistance to victims of crime, increased awareness of and access to services and assistance, and the establishment of referral networks and training initiatives.

III. Northern and Rural: This component provides financial assistance (grants and contributions) to governmental and non-governmental organizations to contribute to the development of and expansion of victim services and assistance and to increase access to such services in northern and rural communities.

IV. Financial Assistance: This component provides limited financial assistance to individual victims of crime or surviving family members faced with unusual or extreme hardship due to criminal victimization where no other adequate source of financial assistance is available. 9 This component is not intended to be a form of compensation for victims of crime, nor does it extend to cover costs for victims to attend trials or sentencing hearings.

The financial assistance component also supports surviving family members of homicide victims to attend s. 745.6 (early parole eligibility) hearings, covering actual expenses up to $5,000 for first family member and $2,500 for each additional member up to a maximum of $12,500.

Objectives of the Fund

There are eight key objectives of the Victims Fund. They are listed below.

Objectives of the Fund:

• to enhance knowledge, promote developments and inform Canadians and criminal justice practitioners about the impact of victimization, the needs of victims of crime, approaches to respond to those needs and about the criminal justice system and the victim's role in that system.
• to promote access to justice and participation in the justice system and the development of law, policies and programs through support for consultations, research, the development and dissemination of information and the development, demonstration/testing and implementation of innovative approaches, models and pilot projects regarding the delivery of services, programs and assistance to victims of crime.
• to promote the implementation of legislative reforms designed to address the needs of victims of crime and articulate their role in the criminal justice system (including Criminal Code , Corrections and Conditional Release Act and Youth Criminal Justice Act and provincial and territorial victim legislation including Victim of Crime Acts, compensation legislation and victims of domestic violence legislation).
• to promote the implementation of the Canadian Statement of Basic Principles of Justice for Victims of Crime (and any renewed and/or revised Statement), the United Nations Statement of Basic Principles of Justice for Victims of Crime and the principles and goals set out in the preamble to S.C. 1999 c. 25, An Act to amend the Criminal Code (victims of crime) and another Act in consequence.
• to contribute to increased knowledge and awareness of the impact of victimization, the available services, assistance, programs and legislation, the special needs of particular people due to the nature of their victimization or other characteristics, the training and development of skills of victim service providers and related/allied professionals.
• to promote and encourage community/non-governmental organization involvement in the identification of victim needs and gaps in services, and in the development and delivery of programs, services and assistance to victims in their communities.
• to enhance the involvement of non-governmental organizations through initiatives to build capacity within organizations (including training) to better meet the needs of victims of crime, to develop networks or referral mechanisms for service delivery and to enhance the participation of non-governmental organizations in the development of policies, programs and legislation.
• to provide direct, limited, emergency financial assistance to individual victims of crime in exceptional circumstances and to survivors of victims of homicide who incur expenses to attend early parole eligibility hearings (s. 745.6 of the Criminal Code of Canada ).

Target Groups

A variety of groups are supported through the Victims Fund. Funded projects have met the needs of nine primary groups which include women, children, elderly persons, Aboriginal persons and communities, rural communities, ethnic minorities, official language minorities, persons with a physical and/or mental disability, and criminal justice personnel. Other groups have also been beneficiaries of funding including families, non-governmental organizations, professionals working outside of the criminal justice system and the general public.

Overview of Funded Projects

From the beginning of the 2000/2001 fiscal year to the middle of the 2004/2005 fiscal year (up to September 30, 2004 ), the Policy Centre for Victim Issues received 385 requests for project funding of which 190 (49%) received funding 10. The majority of project applications (113 or 80%) that did not receive funding did not meet either the objectives or the terms and conditions of the Fund. The other projects did not receive funding for a variety of reasons. Thirteen proponents (9%) cancelled or withdrew their applications and fourteen applications (10%) were transferred to a different fund or section within the government. Finally, there are currently thirteen applications under serious consideration.

Most of the funding recipients were non-governmental organizations, accounting for 50% of the funded projects. Provincial and territorial governments comprised 27% of funding recipients, individuals comprised 14% and regional/municipal governments, 7%. Public legal education and information organizations, band councils, international organizations and Canadian educational institutions have also been recipients of funding.

To date, the Victims Fund has provided more than $6.9M in project funding to non-governmental organizations, provincial and territorial governments and individuals. The following tables highlight the breakdown / allocation of Victims Fund resources by fiscal year since the fund was established in 2000 to September 30, 2004.

Preliminary Victims Fund Trends

The following tables illuminate potentially interesting trends that are evident in a survey of the Victims Fund. A number of observations about access to the Victims Fund are worthy of note:

• The Victims Fund has a national presence.
• Quebec has accessed more funds (total to date) than any other region ($$118,875). The next closest is Manitoba ($809,956) followed by Ontario ($773,941). The three jurisdictions that have accessed the least amount of funds over the last 4.5 years are the Northwest Territories ($274,743), Newfoundland ($188,602), and Nunavut ($127,026).

• A number of trends can be identified regarding changes in accessing Victims Fund monies over this period. Some regions have accessed relatively consistent amounts of funding since the Fund was established (Northwest Territories, Nova Scotia and Newfoundland). Saskatchewan has accessed the fund consistently except in the current fiscal year and in the first three years the differences in amounts accessed by Nunavut were very small but in recent years, the territory has not accessed the Fund. Others provinces accessed a low amount in the first year compared to subsequent years (Prince Edward Island, Alberta and Quebec). Manitoba accessed large amounts of money from the Fund in the first two years but over the last three years has accessed much less. New Brunswick accessed increasing amounts between years one and three but in the last two years has accessed reduced amounts. Access to funding in Ontario and British Columbia varied from year to year. 11
  
• The Innovative Pilot Projects and Activities component was accessed more in years one, two and four than in year three and in this fiscal year. The Provincial/Territorial Implementation component saw a significant increase between year one and two and a subsequent decrease each year thereafter. It is important to note however, that the amount allocated to the Provincial/Territorial component was reduced after year two. Access to the Northern and Rural component increased more than 8 times between year one and two and continued to increase in years three and four, though not as much. In 2004-2005 access to this component has fallen. Finally, the Financial Assistance component was accessed significantly more in years one and three than in the remaining years. Almost half of the funding that has been accessed through this component was accessed in year three.

• The Policy Centre for Victim Issues, through the Victims Fund, has succeeded in providing support to non-governmental organizations and to the provinces and territories to develop and implement pilot projects. It has also been successful in supporting conferences, workshops, symposia, training opportunities, research and public awareness activities.
• The majority of projects 75 (39%) involved provided funding to organize conferences, symposia, workshops or meetings or to support individuals to attend these events. Twenty-four (13%) of the projects that received funding involved the development of pilot projects, 17 (9%) involved the creation of PLEI materials and 16 (8%) focused on research. It is interesting to note that 42% of the projects that received funding under the Victims Fund fell into an “Other” category.
• More than one-third of projects have focused on the objective of enhancing knowledge, promoting developments and informing Canadians and criminal justice practitioners about the impact of victimization, the needs of victims of crime, approaches to respond to those needs and about the criminal justice system and the victim's role in that system.
• While only the provinces and territories can fully meet the objective of implementing legislative changes, twenty percent of projects (26) have fulfilled this objective and 20 % (26) have met the objective of promoting access to justice 12. The other objectives of the Victims Fund except objective four (to promote the implementation of the Canadian Statement of Basic Principles of Justice for Victims of Crime (and any renewed and/or revised Statement), the United Nations Statement of Basic Principles of Justice for Victims of Crime and the principles and goals set out in the preamble to S.C. 1999 c. 25, An Act to amend the Criminal Code (victims of crime) and another Act in consequence) have been met to a lesser degree 13.
• The most commonly noted target group identified in projects was criminal justice personnel 14. One hundred three projects (54%) focused on this group. Many projects focused on governments. For example, of the most commonly mentioned groups identified, the Department of Justice was noted as a target group in (89 or 47%) of projects and provincial and territorial governments in 86 or 45%. Non-profit organizations and voluntary organizations were target groups in 65 (34%) projects. Projects focusing on women (15 or 8%), children (19 or 10%) and Aboriginal persons and communities (13 or 7%) were represented. Projects also addressed a variety of other target groups including families (19 or 10%), the general public (16 or 8%), and other related professionals (i.e. teachers, medical personnel) (13 or 7%). Rural communities, youth, other federal departments, adult offenders, urban communities, reserves and municipal governments were also identified target groups.

The Victims of Crime Initiative has provided more than $6.9M to individuals, communities, provincial and territorial governments and international organizations through the Victims Fund since August 2000. To date, the Fund has been successful in meeting its objectives, in supporting a variety of activities that meet the needs of many groups including victims of crime, their families and those that work to support them, and in supporting initiatives in communities across Canada.

Northern Victim Witness Assistants

Canada 's three northern territories have a unique history, environment, and social context. The role of the Department of Justice in the northern territories is also unique. In the provinces, the provincial Attorney General/Crown prosecutes Criminal Code offences. In the territories, however, the federal Attorney General/Crown prosecutes criminal offences. This division of responsibility has an impact on how services are delivered to victims. Victims of crime in the provinces are supported exclusively through provincial organizations and services while victims of crime in the north are provided with assistance from both territorial organizations and services (first response, police- based support) and federal Crown Witness Coordinators, previously known as Northern Victim Witness Assistants (court-based support). The Department employs 11 Crown Witness Coordinators (CWCs) (3 or 4 in each territory) to respond to the needs of victims of crime as they go through the court process. CWCs work closely with Northern Crowns out of the Regional offices in the north.

PCVI/Northern Region Working Relationship

The Policy Centre for Victim Issues has worked very closely with the Northern Region to assist federal Crown Witness Coordinators (previously known as Victim Witness Assitants) in their work with victims of crime in the north. 15 The PCVI has hosted three gatherings, bringing together PCVI staff, Regional Directors, Crown Attorneys, and Crown Witness Coordinators from the Northern Region. The first, held in June 2001 took place in Whitehorse, Yukon. The second was held in June 2002, in Gatineau, Quebec, just outside of Ottawa and the most recent meeting, held in October 2003, took place in Yellowknife, Northwest Territories.

There are many goals of these meetings, including the identification of information and resource needs of federal Crown Witness Coordinators (CWC). The meetings have also provided a place to develop plans within PCVI to advance and respond to those needs. These meetings have provided an opportunity for northern colleagues to network and share experiences related to their work with victims of crime, discuss emerging issues, and draw upon the expertise and resources of the PCVI.

At the third Northern Region meeting that took place last October, the PCVI presented the Northern Region staff with a draft manual/training guide for their review. The manual is designed to provide support and information to federal Crown Witness Coordinators on a variety of topics including, the history and culture of northern Canada, roles and responsibilities in the criminal justice system, the structure of the criminal justice system, legislation, understanding victims and witnesses, justice system supports for victims and witnesses, self-care for CWCs and resources and referrals..

Also, for the first time, territorial victim services personnel were invited to participate in some of the sessions that took place during the meeting. This provided an opportunity to explore ways that linkages between federal CWCs and territorial victim service providers could be enhanced, where necessary and allowed territorial victim service providers to participate with their federal colleagues in a workshop on self-care.

In the remaining months of the VCI's current mandate, the PCVI will complete the manual/training guide mentioned above and print and distribute it to Northern region colleagues. In addition, a fourth meeting will take place in December in conjunction with a national conference being sponsored by the Canadian Association of Victim Assistance (CAVA). This meeting will focus on self-care and vicarious trauma in response to requests by CWCs for a more in-depth workshop on these issues.

3.10 Evaluation

Formal evaluations were built into the VCI and an evaluation framework was approved by Treasury Board Secretariat (TBS) in March 2001. Over the course of its five-year mandate, two key evaluations of the VCI have been conducted. The Evaluation Division of the Department of Justice completed the first, a mid-term implementation evaluation, in February 2003.

The purpose of the implementation evaluation was to examine the design and delivery of the VCI as well as lessons learned to provide the management of the PCVI with the information needed to strengthen and adjust the activities supported by the VCI for the balance of the mandate. The results were very positive. Information sharing was seen as very successful, especially in the areas of research, policy development and communications. Findings and recommendations from the PCVI mid-term implementation evaluation provided the PCVI with constructive, practical measures to enhance its ability to meet its stated objectives and goals. The need to conduct project evaluations on the Victims Fund and the need to increase the visibility of the Policy Centre were identified in the evaluation.

The PCVI developed a Project Evaluation Framework, which provided a method for selecting projects (funded through the Victims Fund) for project-level evaluation in order to assess how projects assist or contribute to the achievement of the objectives of the Victims Fund. In the fall of 2003, the PCVI conducted case studies (project evaluations) of projects funded through the Victims Fund. Ten projects were selected representing initiatives that have been supported in different regions of the country and with varying amounts of funding (i.e. from small to larger dollar amounts). Two specific project types, Aboriginal Support Worker projects and Victim Support Worker projects were selected, to allow PCVI to assess the impact that the Victims Fund has had in supporting these kinds of initiatives through a cluster analysis.

The results of the case studies provide evidence, though limited, since the number of projects that were evaluated is very small, that victims have increased access to services, that an integrated approach to service delivery has been achieved, and that more effective responses to the needs of victims have been developed as a result of funding being provided through the Victims Fund for victim-related projects.

The case studies, which were conducted in-person in an interview format, provided us with detailed information about the individual projects, project objectives and the degree of success of the projects including results that have been achieved and lessons learned. Results of these evaluations were incorporated into the second larger evaluation known as the summative evaluation. T he PCVI has also been c onducting a mining exercise of Victims Fund projects that is ongoing. Both the case studies and the mining of Victims Fund projects respond to the recommendation in the mid-term evaluation concerning the need to conduct individual project evaluations.

The National Victims Conference, with more than 300 delegates present from different government and non-government agencies and communities, provided an excellent opportunity to increase the visibility of the Police Centre for Victim Issues. In addition, in November 2004 the PCVI will distribute information kits to more than 1500 victim-serving organizations across Canada.

The summative evaluation was undertaken in the winter of 2003 and was completed in September 2004. The purpose of the summative evaluation was to examine the continued relevance of the Initiative, how successful it has been at meeting its objectives and key outcomes, as well as the cost-effectiveness and alternatives for delivery of the VCI. The evaluation also assessed how effective the Policy Centre has been at monitoring the impacts of Bill C-79, and how effective it has been at assisting the provinces/territories. The evaluation responds to the evaluation framework developed at the outset of the Initiative. Evaluation questions were grouped into three main categories of issues:

• continued relevance of the Initiative;
• success of the Initiative (including the effectiveness of legislative provisions 16) ; and,
• cost effectiveness and alternative ways to meet Initiative objectives.

The results of the summative evaluation were very positive. They revealed that the Initiative has continued relevance and was at least partially successful in meeting its stated goals and objectives. Participants in the evaluation were unanimous in identifying a continued need for the VCI. They noted among other things that the VCI profiles victims' issues at the federal level in the development of legislation and that it functions as a coordinating body for the sharing of information, which is seen as essential. One key recommendation for the future focused on the need to develop more specific and more measurable goals, objectives and outcomes.

In 2002, the PCVI conducted a benchmarking (awareness) study. This study established baseline measures against which to assess improvement, over time. The study focused on the nature and level of awareness among criminal justice personnel and those working with victims of the federal role with respect to victims and the role of victims within the criminal justice system following amendments to the Criminal Code .

Sub-Study

An evaluation sub-study was conducted in 2001 that described the context of programs and services for victims in each provincial/territorial jurisdiction. The intent was to benchmark the context within which each jurisdiction operates, rather than to develop an inventory of programs.

Informal evaluation has been an ongoing process. Over the last four and a half years, the PCVI is has regularly reviewed its priorities and responded to challenges in ways that have advanced its overall objectives and allowed the organization to remain current and reflective. In addition, through the research agenda, the Victims Fund, and legislative reviews, the VCI has identified a number of key priorities that could be addressed in a renewed mandate.

3.11 Organization/Staffing

The organizational structure has included the Director/Senior Counsel, a counsel, three policy analysts, a communications advisor, a program officer (Victims Fund), one research officer and two support staff. This group of people has reflected the wide variety of activities that the PCVI has engaged in.

The PCVI has had service agreements with the Programs Branch and the Research and Statistics Division to fill the research and program management positions.

4Note that the period of time being examined is April 1999 to September 30, 2004.

5 Many of the same issues are discussed at various meetings and this is an indicator of the complexity of the issues that are being put forward for discussion; these items are key priorities for the PCVI and the FPTWG members. It is also an indicator of the need for members to deliberate, consult with their provincial/territorial colleagues and consider a variety of options. The issues are not often resolved in one short meeting.

6 Note that the FPTWG on Victims of Crime was established in 1996. Between 1996 and 2000 many meetings were held that played a significant role in the formation of the PCVI. They are not indicated here as this report looks only at ‘PCVI' activities (the PCVI mandate was approved in 2000).

7 Note that these resources are national in nature and compliment the wealth of material developed, generated and disseminated by the provincial/territorial victim services divisions. Please see Appendix 3 for a list of PLEI resources that have been developed since the PCVI was established in August 2000.

8 See appendices 3 and 4 for a complete list of research projects completed or currently in the field along with a brief description of each.

9 This component was made available to Canadians directly impacted by September 11, 2001 attacks.

10 A number of applications that were approved involved multi-year funding and have been recorded as one project.

11 It is important when reading these trends to keep in mind that the funding amounts reflect funding accessed to September 30, 2004 and not the complete 2004/2005 fiscal year.

12 Most projects addressed more than one objective.

13 While none of the projects targeted this objective, it is suggested that most if not all of the projects were developed with the Canadian Statement of Basic Principles of Justice for Victims of Crime and/or the United Nations Statement of Basic Principles of Justice for Victims of Crime and the principles and goals set out in the preamble to S.C. 1999 c. 25, An Act to amend the Criminal Code (victims of crime) and another Act in consequence as their foundation. The Principles documents reflect the philosophy of justice for victims of crime while the projects reflect the implementation of the philosophy.

14 In a number of cases, more than one target group was identified for each project.

15 In fact, the PCVI provides salary dollars for three of the eleven federal CWCs in the territories.

16 While legislative evaluation was not part of the formal evaluation strategy, several questions/issues were of great interest to provinces and territories, and to some degree to non-government organizations regarding Bill C-79 and were therefore included in the evaluation.

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