Factsheet

DEPARTMENT OF JUSTICE INITIATIVES TO STRENGTHEN COMMUNITY SAFETY

The Department of Justice is responsible for a number of legislative, prosecutorial and program-based initiatives that are key components in the Government of Canada's broader effort to strengthen community safety.

Legislative Provisions

Under a comprehensive offence and penalty scheme adopted in 1995, penalties for firearms offences became the harshest in the entire Criminal Code, next to murder. The most serious offences committed with a firearm – including manslaughter, attempted murder and robbery – carry mandatory minimum penalties of four years to a maximum of life imprisonment. Weapons trafficking, possession for the purpose of trafficking and smuggling offences carry minimum penalties of one year to a maximum of 10 years imprisonment, as does the offence of unlawfully possessing a restricted or prohibited firearm with ammunition.

The current Criminal Code provisions with respect to bail also address public safety concerns posed by the possession of firearms. The use of a firearm in an alleged offence can be considered by the court in determining whether the accused should be released pending trial, and if released, the bail conditions must include a prohibition on the possession of firearms.

Legislative measures that promote community safety extend beyond firearms offences alone. For example, the Criminal Code also has provisions that provide for:

• Victim and Witness Protection, through specific offences to address threats, violence and harm caused to any person, including witness intimidation. Other provisions assist witnesses in participating in the criminal justice system, including publication bans on their identity, consideration of their safety in bail decisions, and effort to facilitate the provision of their testimony; and
• Victim and Community Impact Statements, which must be considered by the sentencing judge, describe the harm done to or loss suffered by the victim of the offence. Some courts are also receptive to considering community impact statements, which describe the impact of a crime on the community, in appropriate cases.

Prosecutorial Efforts

A series of prosecution-related initiatives at the Department of Justice also contribute to the federal government's efforts to make Canada 's communities safer. These include:

• Prosecutorial Guidelines for Firearms Cases, to help ensure the law is fully applied in cases involving violence, criminal harassment or serious drug or weapons offences that are handled by federal prosecutors; and
• Fighting Drug-Related Crime, including drug trafficking, which is a major source of income for gangs and often prompts violence between them. Drug crimes in most of Canada are dealt with by federal prosecutors, who coordinate their efforts with partners in the provinces and territories, including the law enforcement community. As a recent example of cooperation, federal prosecutors are working with Toronto Police Service and the Attorney General of Ontario to identify and implement effective strategies in combating gang violence and drug trafficking. Federal prosecutors are also working with various partners on a national strategy to reduce the production and distribution of marijuana and synthetic drugs in Canada.

Program-Based Initiatives

In addition to legislative measures and prosecutorial strategies, the Department of Justice is responsible for specific programs that can encourage greater community safety. These include:

• Youth Justice Renewal Fund, which supports a series of projects that develop greater partnerships for dealing with youth in conflict with law and youth justice system challenges. Recently approved projects include further expansion of the Young Offender Community Council, coordinated by Aboriginal Legal Services of Toronto and which offers a meaningful alternative from the current criminal system for Aboriginal youth before the courts. An Early Intervention Program, operated by the Toronto Child Abuse Centre and also supported by the Fund, will address youth charged for the first time in a dating or other adolescent relationship;
• Victims Fund, a small fund to support initiatives aimed at improving the justice system's response to victims. There are three components to the Fund: Provincial and Territorial Implementation, Innovative Pilot Projects and Emergency Financial Assistance. Regional Fund projects, coordinated by the Toronto Child Abuse Centre, have included support for an update to “ Cory's Courthouse": A Website for Child Witnesses, the development of a one-day workshop on children's records and the legal system, and the establishment of a national interactive and innovative court website for youth. The Department will also administer a new fund to provide financial assistance for victims to attend parole hearings, once that program is launched later in the fall; and
• Family Violence Initiative, which coordinates the efforts of all participating federal departments – working with partners within and outside government – to reduce family violence in Canada. The initiative is one component of the JusticePartnership and Innovation Program, which provides support for short-term innovative projects that promote improvements to the justice system. Recently approved projects include a National Initiative to Enhance Police & Community Response to Children Exposed to Domestic Violence, coordinated by the Centre for Children & Families in the Justice System of the London Family Court Clinic.

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Department of Justice Canada
September 2005