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The Evolution of Federal Initiatives to Support Victims of Crime

Note to reader: This overview is offered by the Policy Centre for Victim Issues and so provides a history of the victims' movement in Canada from the perspective of the federal government and in particular, the Policy Centre. The overview does not elaborate on many of the related initiatives that the federal government has addressed, including family violence, gender equality, protection of children and aboriginal justice. These initiatives are equally important but are not documented in this overview. In addition, while this overview includes examples of a number of victim-related initiatives, it is by no means comprehensive. The overview notes the various trends, pressures or events that encouraged reforms, services and better recognition of victim needs.

The Evolution of Victims ‘Rights' in Canada

The victim's role in the criminal justice system has evolved from one of total involvement and responsibility for seeking justice in feudal times to one of minimal involvement in modern times.

In feudal times, all disputes were between individuals. If your animal was stolen or your brother murdered, you, the victim, were responsible for avenging the wrong. The notion of the “King's peace” emerged in the twelfth century whereby the King or state took responsibility for enforcing breaches of the King's peace. While the victim was relieved of the responsibility for meting out their own “justice”, some would argue that in this evolution, the victim lost any role in the system.

In Canada, the emergence of the victim's voice and recognition of the concerns of victims dates back to the early 1970s. Criminal injuries compensation programs, which provided financial awards to victims of crime originated in some jurisdictions as compensation to police officers injured in the course of their duties and grew to provide limited compensation from the state (i.e., the province) to other eligible victims of violent crime. The federal government, in efforts to encourage the development of such programs in all provinces, provided financial contributions to provinces and established minimum criteria for compensation programs. The federal support for these programs which benefited some victims coincided with government funding for legal aid programs which benefited some accused persons. By the early 1980s, all Canadian provinces and territories had criminal injuries compensation programs, established by provincial/territorial statute.

Between 1986 and 1996 all provinces and territories enacted and enhanced victim legislation and many jurisdictions reformed their compensation programs. The programs varied in terms of eligibility and the scope of financial awards. By the early 1990s many provinces and territories were exploring the effectiveness of criminal injuries compensation programs in meeting the needs of victims in general. While financial assistance is, without question, beneficial, many victims of crime were ineligible and many other needs of crime victims required attention - e.g., information, services, support and counseling. All jurisdictions appointed a director of victim services and/or established a victim services division. Court-based, police-based and community-based victim services were developed, revised or adapted to meet emerging issues and changing demands.

A number of victim advocacy organizations emerged in the 1980s such as Citizens United for Safety, one of the first grassroots victim advocacy groups in Canada that effectively focused attention on the needs and concerns of victims. One of the first groups to gain national prominence was Victims of Violence, a national non-profit organization, established in 1984. Victim advocacy groups gained greater prominence in the early 1990s, focusing the public's attention on the perceived imbalances between the rights of offenders and the rights of victims and on the victim's role in the criminal justice system. CAVEAT (Citizens Against Violence Everywhere Advocating Its Termination) hosted, in co-operation with the Canadian Police Association, two Safety Net Conferences (1994 and 1995) resulting in recommendations to all levels of government for legislative reforms, including increased punishment for offenders, “truth in sentencing”, victim rights and increased services. In 1997, CAVEAT commissioned a report by Professor Alan Young which recommended inter alia, in the longer term, a constitutional amendment to enshrine victim rights, and in the shorter term a federal victim bill of rights be enacted. The Canadian Police Association's Resource Centre for Victims of Crime lobbied extensively for victim rights, most recently in their December, 1997 Report, including amendments to the Criminal Code and Corrections and Conditional Release Act and for federal victim rights legislation, the establishment of a victim ombudsman and enhanced services and improvements to provincial legislation. Mothers Against Drunk Driving (MADD) advocated for a federal victims bill of rights. The Reform Party (as it was) drafted a “Victims' Bill of Rights”, Chuck Cadman, Member of Parliament (MP), introduced Bill C-294 as victim “rights” amendments to the Criminal Code in 1997.

Highlights of the federal government's interest, and more specifically the Department of Justice's involvement, in issues relating to victims of crime in the earlier years include:

A great deal of credit for raising awareness about victimization is due to the women's movement. In the 1980s, women's groups had highlighted the poor treatment by the justice system of women who were assaulted, sexually assaulted, blamed for their own victimization, disbelieved and often ignored - while their safety remained at risk.

While the public outrage was often directed primarily at horrific offences and the responsible offenders, the plight of the victims in dealing with the police, the courts and all aspects of the criminal justice system could not be ignored. Demands for new offences, tough penalties and changes to the parole system arose from the public's need to feel safe in their communities. Linked to these demands were calls for increased information for victims, increased participation in critical decisions, practical assistance, financial assistance and generally more sensitivity and respect from all criminal justice system personnel.

Women's groups called for other equality based reforms. While the approach was different, their advocacy was critical to the recognition of the role of victims.

During the same period and up to 1992, the federal government actively encouraged the provinces to develop programs and services for victims of crime through demonstration project funding, cost-sharing, shared research initiatives and consultation.

In the early 1990s, victims' advocates and victim advocacy groups began to gain greater prominence focusing the public's attention on several high profile, horrible murders and brutal assaults.

In addition to the focus on increased public safety and assistance to victims of crime, victim advocates observed the court's interpretation and articulation of the accused's rights pursuant to the Charter of Rights and Freedoms and in many cases perceived the entrenchment of the accused's rights to be in conflict with the proper administration of justice or the “search for the truth”. The perceived imbalance between the rights of those accused of crime and the interests of the victim of crime strengthened the resolve of victim advocates to demand “rights” for victims of crime.

Following the termination of cost-sharing agreements for compensation and the per capita contribution for provincial and territorial victim programs and services, federal victim initiatives focused on legislative reform. This reform designed to both increase public safety and to address the particular concerns of children and sexual and personal violence offence victims included: amendments to the Criminal Code to restore protections to complainants in sexual assault cases regarding the admissibility of evidence of sexual activity (C-49, 1992), amendments to increase protection for and facilitate the testimony of child victims (Bill C-126, 1993), amendments to restrict the defence of intoxication (Bill C-72, 1994), amendments to provide a DNA warrant regime (Bill C-104, 1995), amendments to address child prostitution, child sex tourism and female genital mutilation (Bill C-27, 1997), amendments to govern the production of the personal records of sexual offence complainants (Bill C-46, 1997) and in 1999-2003 internet luring, home invasions, increased penalties for criminal harassment and new offences for disarming a police officer. (Please see Appendix A for a description of key victim-related provisions).

During this time, a number of different initiatives were brought forward focusing on the need for “rights” for victims of crime, some of which included:

In April 1996, Reform MP (as he then was), Randy White (Fraser Valley West) proposed a motion (Motion 168) in the House of Commons urging the Government to “direct the Standing Committee on Justice and Legal Affairs to draft a Victim's Bill of Rights and that in such areas where the Committee determines a right to be more properly a provincial concern, that the Minister of Justice initiate consultations with provinces to arrive at a National Standard for a Victim's Bill of Rights”. The motion was passed and the issue was referred to the Standing Committee. The Reform Party had proposed specific content for a “Victim's Bill of Rights” which provided inter alia that victims have a right to information about their rights at every stage of the process, to be informed of the offender's status throughout the process, to provide an oral and/or written victim impact statement at sentencing, parole and at judicial reviews, to be informed of the Crown's intention to offer a plea bargain before it is discussed with the accused, to know why charges are not laid (if applicable), to protection from intimidation, to know if a person convicted of a sexual offence has a sexually transmitted disease and to require police to pursue domestic violence charges once a complaint has been made.

In May, 1997, MADD Canada (Mothers Against Drunk Driving) and Canadians Against Drunk Driving issued a press release, inter alia, recommending that a National Victim's Bill of Rights be enacted and include: the right to be kept informed of all proceedings, including the offender's status throughout the judicial process; the right to be present and the right to be heard at every stage of the judicial process; the right to vigorous prosecution and no plea bargaining of charges unless agreed to by the victim; and the right to present a Victim Impact Statement to the Court, in addition to the right to a wide range of services.

Bill C-294 was introduced by Chuck Cadman, M.P. (Surrey, B.C.) in December, 1997. Mr. Cadman had a keen interest in and commitment to victim rights arising first from his own personal experiences. Mr. Cadman founded CRY (Crime, Responsibility and Youth) and was later a member of CAVEAT. Bill C-294 proposed to:

The Bill was not passed but was considered by the Standing Committee in their review.

The 1998 report of the Canadian Resource Centre for Victims of Crime, Balancing The Scales: The State of Victim's Rights in Canada noted that there have been major improvements over the last decade in the treatment of crime victims by the criminal justice system, the enactment of legislation and the development of services, largely attributable to the effectiveness of the victim's movement. While victims do not want to become wholly responsible for the prosecution of the offender, they want their role in the system enhanced, articulated and accepted. The Report notes that a criminal justice system which responds to victim concerns will encourage victims to turn to the justice system when they need to and provide their full co-operation. The Report included 56 recommendations for Code amendments, amendments to the CCRA, new legislation, and the establishment of a correctional ombudsman.

In April, 1997, the Standing Committee on Justice and Legal Affairs considered Motion 168 (Randy White, MP, Victim's Bill of Rights). The Committee heard from many witnesses who described very different experiences, varying degrees of assistance and varying degrees of sensitivity from criminal justice personnel. The Committee submitted their Twelfth Report to the House of Commons in April, 1997 recommending:

The Committee further agreed that it would undertake national consultations on the issue of a Victim Bill of Rights and would report to the House of Commons with findings and recommendations.

In 1998, the House of Commons Standing Committee on Justice and Human Rights launched a comprehensive review of the role of victims in the justice system. The Committee's October, 1998 report recommended that the Minister of Justice develop a victims of crime strategy recognizing the primary role played by other levels of government; that amendments be made to the Criminal Code and to the Corrections and Conditional Release Act; that the Canadian Statement of Basic Principles of Justice for Victims of Crime, which had been developed in 1988 and endorsed by federal and provincial Ministers Responsible for Justice to guide policy development on victim issues, be enhanced; and that a federal Office for Victims of Crime in the Department of Justice be established, with an advisory committee composed of representatives of all components of the justice system.

The Government's Response was tabled in Parliament on December 15, 1998. Since that time, significant progress has been made to implement the Response: the Criminal Code has been amended in relation to victim impact statements, victim surcharge, publication bans, protections for victims and witnesses participating in trials, and the safety concerns of victims in judicial interim release decisions, with the amendments proclaimed into force on December 1, 1999; the Policy Centre for Victim Issues has been established in the Department of Justice; federal/provincial discussions have continued; the Statement of Basic Principles was renewed and a consultation process with non-governmental organizations and victim advocates has been launched.

In May 2000, the Sub-committee on the Corrections and Conditional Release Act of the Standing Committee on Justice and Human Rights released its report, A Work in Progress: The Corrections and Conditional Release Act. The report made 53 recommendations for changes to the Act, six of which specifically focused on victims' rights. The report recommended that information related to an offender's program participation, offender institutional conduct and new offences committed by a conditionally released offender resulting in incarceration be provided to victims; the Correctional Service of Canada (CSC) and the National Parole Board (NPB) establish a comprehensive strategy to prevent unwanted contact from offenders in federal institutions, especially with victims; and that a national CSC-NPB Office for Victims be established as an independent body to offer redress if a victim's rights were not respected.

The Government's response to the Sub-committee's report, tabled in October 2000, indicated that action would be taken on 46 of the recommendations including five of the six recommendations addressing the concerns of victims. The Government accepted the recommendation for a national victim's office but did not support the establishment of an independent office to address victim complaints. In 2001, as a follow up to the recommendations, the Department of the Solicitor General as it was known then conducted consultations with victims of crime across Canada. Victims and victim advocacy organizations identified the need for improved services to victims, particularly, the timely provision of information and support. Since that time, many actions have been undertaken to enhance services for victims. For example, in July 2001 the National Parole Board implemented a policy giving victims the opportunity to read a prepared statement, either in person or by audio or videotape, at parole hearings; a handbook was developed and widely distributed entitled An Information Guide to Assist Victims: Federal Corrections and Conditional Release; and in 2002 a CSC-NPB Roundtable was organized with national victim serving agencies.

In the United States, a variety of victim “rights” legislation has been enacted at the state and federal level. In addition, 29 states have amended their state constitutions to enshrine victim rights.

The American federal and state legislation, the wide range of services available to victims and the administrative mechanisms established to coordinate policy and legislative initiatives, fund services and establish standards for service delivery provide excellent examples and models for Canadian policy makers and service providers. These excellent examples create expectations that similar programs and services can be implemented in Canada. However, these examples must be considered in the context of the differences between the Canadian and American legislative, political and legal systems.

With respect to victim “rights” legislation, a constitutional amendment to enshrine victim rights was proposed in the late 1990s and has been under consideration for over ten years. Both the United States Senate and House of Representatives have studied the content of the amendment and its benefits and implications. While successive Presidents of the United States and Attorneys General of the United States have indicated their support for a constitutional amendment to ensure “basic” rights to crime victims, they have, however, urged caution in drafting the amendment to ensure that it would not impede law enforcement activities or otherwise impair the criminal justice process.

In April 2004, faced with the prospect of a defeat of the resolution, the sponsors decided instead to focus their efforts on the creation of a federal statute designed to provide enforceable rights for victims of crime. The “Justice for All” Act was signed into law on October 30, 2004, and authorizes funding to help implement the law.

Canadian victim advocates have been closely following developments in the United States. Victim advocates argue that current federal and provincial legislation designed to protect their interests is unenforceable. Some advocate that a guarantee for victims' rights in the Charter would provide them with a means of legal redress if their needs were not met, or would at minimum, encourage respect for their legislated rights.

The Department of Justice (Policy Centre for Victim Issues) contracted with three respected academics to explore the feasibility of a Charter amendment for victims, the benefits for victims and the implications for the criminal justice system. Papers were written by Kent Roach (University of Toronto), Alan Young (Osgoode Hall Law School) and David Pacciocco (University of Ottawa). Each concluded that entrenchment of victim rights in the Charter would not enhance the role of victims in the justice system. More generally, all agreed that other approaches should be pursued first and that consideration of a Charter amendment should be deferred. Alan Young noted that institutional resistance would first need to be addressed, David Paciocco expressed concern that Charter rights for victims would impose unpredictable and significant burdens on prosecutors and provinces, and Kent Roach opined that victims might benefit more from exploring better ways to allow victims' advocates within the government to enforce victims' rights than to rely on the courts. Statutory provisions and expansion of services, coupled with a change in attitude by criminal justice system personnel would be preferable. The papers were presented at the November 2003 National Victims Conference.

It should also be remembered that the provinces have the primary responsibility for the administration of justice and the provision of victim services. Therefore, in assessing the desirability of a constitutional guarantee for victim rights, the significant implications for the provinces and territories of elevating victim rights to Charter protected and guaranteed rights would require careful consideration and provincial agreement.

There is no doubt that greater efforts to address the basic needs of victims of crime - for information, respect, consultation and more accessible services -- would provide more tangible results for victims and should be a priority. Practical approaches, widely supported by federal, provincial and territorial governments, should continue to be developed.

The federal government's initiatives to address victim concerns about the criminal justice system are designed to improve the victim's experience and to facilitate their participation in the criminal justice system. This approach complements the equally important crime prevention and public safety initiatives with initiatives to address concerns of victims of crime (i.e., after the crime has occurred.)

In 1988, Federal-Provincial-Territorial Ministers endorsed the Canadian Statement of Basic Principles of Justice for Victims of Crime to guide the development of policies, legislation and practices in the provinces and territories and in areas where the federal government has jurisdiction. The division of constitutional responsibilities between federal and provincial/territorial governments and concerns expressed regarding the obligations and practical implications of “rights” resulted in an agreement to develop a joint policy statement. The Statement was part of a broader federal initiative which included Criminal Code amendments (Bill C-89) and was also motivated by the United Nations Statement of Basic Principles, which Canada co-sponsored in 1985. In September 2003, FPT Ministers approved a renewed Canadian Statement.

While there continue to be calls for victims' rights, the Canadian Statement of Basic Principles can be relied on as guiding legislation and policy for victims in Canada.

Recent Developments

In 2000, the Policy Centre for Victim Issues (PCVI) was established in the Department of Justice to develop and coordinate federal policy and legislation relating to victims of crime and, in general, to implement the federal victim strategy.

The overall goal of the federal Victims of Crime Initiative is multi-faceted. It seeks to: increase the confidence of victims of crime in the criminal justice system by 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; enhance the Department of Justice capacity to develop policy, legislation and other initiatives which take into consideration the perspectives of victims; increase the awareness of criminal justice system personnel, allied professionals and the public about the needs of victims of crime as well as the legislative provisions designed to protect them and services available to support them; and to develop and disseminate information about approaches to respond to the needs of victims of crime both within Canada and internationally.

The Policy Centre for Victim Issues provides the “victims lens” for all criminal law reform and criminal justice policy development for which the Department of Justice is responsible and to collaborate with other federal departments to ensure a consistent approach to victim issues. The Centre is also responsible for sharing information and co-coordinating initiatives with other federal departments to encourage a consistent federal approach. The Centre has a broad mandate to consult with victims, victim advocates and service providers and others involved in the criminal justice system to identify issues of concern and to inform policy development and criminal law reform. The Centre also works closely with provinces and territories that have a key role in the administration of justice and are responsible for the provision of services for victims. In addition, the Centre administers a funding program.

The Victims Fund provides grants and contributions to governmental and non-governmental organizations to support initiatives to improve the justice system's response to victims. Originally, there were four components: Provincial and Territorial Implementation, Innovative Pilot Projects, Northern and Rural Projects and Emergency Financial Assistance¹. The Emergency Financial Assistance component provides limited emergency 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. This component also provides financial assistance to surviving family members of homicide victims to attend early parole eligibility hearings (s. 745.6) including travel, accommodation and meal allowances in accordance with prevailing Treasury Board guidelines.

In November 2005, a new component was added to the Victims Fund to provide financial assistance to support victims to attend National Parole Board Hearings.

The PCVI has conducted comprehensive research which has addressed both the historical underpinnings of the role of the victim in the criminal justice system in Canada and internationally, and the current issues that have a significant impact on victims (e.g., restorative justice, conditional sentences in the North, needs, gaps and challenges for victims in Canada's three territories and strategies to address them, issues related to children who testify, privacy rights of victims and witnesses, victim information needs, the impact of sexual assault reforms, implementation of legislative provisions and obstacles to the implementation of certain reforms, the impact of plea bargaining on victims and the administration of justice and how to address the needs of particular groups of victims such as victims of trafficking, terrorism and hate crimes.).

A number of the research projects have involved surveys of victims of crime and/or criminal justice professionals. The Canadian Centre for Justice Statistics completed the first survey of Victim Services in Canada in 2003, published in December 2004, to benchmark the state of services in Canada and to profile the type of victims served. The comprehensive research and surveys conducted provide evidence to inform future policy and legislative reform.

Many public education and information materials have been developed by PCVI, raising awareness among Canadians about legislation to benefit victims, the impact of victimization and how to best meet their need for information. One of the key resources is a guide entitled The Role of the Victim in the Criminal Justice System.

In November 2003 the PCVI hosted the first National Victims Conference entitled “Moving Forward: Lessons Learned from Victims of Crime”. The conference provided information about the varying mandates and roles of federal, provincial, and territorial governments vis a vis victims and about the criminal justice system, focusing on issues of interest to victims. It also encouraged networking among non-governmental organizations, victim organizations with each other and with government and provided an opportunity for informed consultation and dialogue on emerging issues and issues of concern. More than 300 delegates from a variety of sectors participated.

Last year marked Canada's first National Victims of Crime Awareness Week sponsored by the federal government. Plans and resource materials for the week are developed with the support of an organizing committee. One of the key goals of the Week is to raise awareness of the needs of victims of crime and the services and assistance available to them.

The Federal/Provincial/Territorial Working Group on Victims of Crime (FPTWG) includes provincial/territorial Directors of Victim Services, representatives from various branches of Public Safety and Emergency Preparedness Canada, the Canadian Centre for Justice Statistics, representatives from other branches of Justice Canada and is chaired by the Director of the Policy Centre for Victim Issues. The FPTWG on Victims of Crime ensures collaboration in addressing the concerns of victims of crime by: sharing information, expertise and best practices to improve criminal justice system's response to victims; promoting effective implementation of victim legislation and the Canadian Statement of Basic Principles of Justice for Victims of Crime; identifying the implications for victims and witnesses of proposed Criminal Code reforms; identifying and proposing solutions to emerging issues and research priorities and co-coordinating and sharing the results of consultations. The network and collaborative working relationship that has been developed between provinces territories and the federal government is valued by all partners.

Establishment of National Office for Victims

In November 2005, the Correctional Service of Canada (CSC) and the National Parole Board (NPB) permanently established a joint National Office for Victims of offenders under federal responsibility to enhance existing information services provided by these departments to victims. The office provides general information for victims and the public, referrals to CSC and NPB for specific enquiries and a victim's perspective in national policy development. The Office also responds to complaints from victims seeking assistance.

Recent Legislative Amendments

In 2005 Bill C-2 (An Act to Amend the Criminal Code (Protection of Children)) and Bill C-10 (An Act to Amend the Criminal Code (Mental Disorder)) received Royal Assent. In addition to strengthening the child pornography provisions and the protections against child sexual abuse, Bill C-2 expanded and clarified the testimonial aids provisions in the Criminal Code. Child victims and witnesses under the age of 18 years will now receive an order for testimonial aids upon application without having to demonstrate need. Victims of criminal harassment will also receive an order upon application for counsel to be appointed to conduct their cross-examination if the accused is self-represented. Other vulnerable adult victims and witnesses may apply to the judge for a testimonial aid and the judge will consider a number of factors in deciding whether or not to make the order. These amendments came into force in January 2006.

Bill C-10 expanded the victim's role at Review Board hearings where the accused is found not criminally responsible on account of mental disorder. The amendments require the Review Board to inquire whether a victim has been advised of the opportunity to submit a victim impact statement, authorize the Board to adjourn the hearing to allow a victim to prepare a victim impact statement and permit victims to read their statement aloud if they wish. The Review Board must also notify the victim that they may file a victim impact statement at the initial hearing and any subsequent hearing at which the status of the accused may change.

Additional Funding for Victims of Crime

The 2006 budget committed an additional $13 Million dollars per year for five years to give victims a more effective voice in the federal corrections and justice systems and to enhance access to services for victims. Options for how these funds might best be allocated have been developed and are under consideration.

The Future

While great strides have been made to enact legislation (provincial, Criminal Code, CCRA), develop services, expand information and generally change attitudes about the role of the victim in the criminal justice system, some victims need more or different, services and assistance.

Victims of crime generally have little knowledge of the criminal justice system or their rights and role until they are unwillingly thrust into it due to a crime. Victims are not a homogenous group. Their needs will vary greatly depending on the nature of the victimization and their own personal characteristics. At the time of the crime, they may have limited capacity to absorb information provided to them about services or assistance available to them or about their “rights”. Their needs may be more immediate and practical at that time.

In developing future policy, legislation, services and assistance for victims of crime, a number of challenges that have been identified in consultation with stakeholders and provincial and territorial directors of victim services remain to be addressed:

• some victims continue to highlight the disparity in rights of accused versus the rights of victims;
• crime rates - even decreasing - have little relationship to the concerns of victims (e.g., victims concerns are based on their experience, on media accounts, on experience of other victims - none of which is usually a positive experience);
• victim services are in demand and under-resourced - and are unknown to many victims that could benefit;
• despite the growth in services and assistance to victims, many victims still want financial compensation for the victimization and the costs of participating in the justice system;
• the delivery of victim services in rural, remote and Northern communities is a challenge (capacity, access, cost implications);
• NGO victim organizations require dependable funding to build capacity and to be sustained.
• Victims needs vary greatly depending on the type of crime and the victim's own situation, among other factors. There is a need for both basic and specialized services.

Other factors will also have an influence on next steps such as the changing demographics of Canadian society and the primary need that victims have for information.

While there are many obstacles to overcome and factors to consider, there is a continued passion and will to continue to seek improvements to policies, laws and services for victims of crime. Ideas and initiatives are emerging on an ongoing basis. For example, there is agreement among victims' groups that the next phase in advocacy should focus on embedding victim awareness in the education of law students as well as other criminal justice system personnel. Increased awareness and attitudinal change are essential to ensure that the victim's role in the criminal justice system is recognized. As long as ideas like these continue to emerge, the victims' movement in Canada will continue to make history.

Appendix A

Victim-Related Provisions in Canadian Legislation

• Bill C-127, Amendments to the Criminal Code with respect to sexual assault and child abduction became law on January 4, 1983.
• Bill C-89, An Act to Amend the Criminal Code (Victims of Crime) was passed by the House of Commons on May 3, 1988, and received Royal Assent on July 21, 1988, as S.C. 1988, c. 30 (victim surcharge, victim impact statement, return of stolen property, restitution).
• Bill C-15, An Act to Amend the Criminal Code and Canada Evidence Act (sexual offences) was proclaimed January 1, 1988. The amendments created specific offences for sexual offences against children and revised evidentiary provisions.
• Bill C-49, An Act to Amend the Criminal Code (sexual assault) received Royal Assent in June 1992 as SC 1992 c. 38. These Code amendments restored protections for complainants of sexual assault to restrict questioning regarding sexual activity (referred to as "rape shield"). In addition, a definition of consent was enacted and the defence of honest belief in consent was restricted.
• Bill C-36, the Corrections and Conditional Release Act, came into force in 1992. It recognizes the need for victims of crime to have access to information about the offender who harmed them, and for victims to provide information to be considered by officials in their decision regarding the conditional release of offenders.
• Bill C-41, An Act to Amend the Criminal Code (sentencing) received Royal Assent in June 1995 and was proclaimed into force on September 3, 1996. The Bill included several victim-related provisions; the court sentencing the offender is required to consider a victim impact statement, where one has been prepared. (The former provision in the Code permitted the court to consider a victim impact statement.) In addition, Bill C-41 repealed the unproclaimed restitution provisions of Bill C-89 (1988) and made changes to the existing restitution provisions. The Act also provided that where an offender, in committing an offence, abuses his spouse or child or a position of trust or authority, this shall be considered as an aggravating factor in sentencing.
• Bill C-42 (omnibus amendments), proclaimed in 1995, included over 100 amendments to the Criminal Code. These amendments included making peace bonds (protective court orders) easier to obtain and more effective, increased the maximum penalty for a breach from six months to two years, and reclassified certain offences to allow the Crown prosecutor to choose to proceed summarily or by way of indictment.
• Bill C-72 (self-induced intoxication), proclaimed in 1995, clarified the criminal law to indicate that intoxication is not a defence to any general intent offences of violence such as sexual assault and assault.
• Bill C-27, An Act to Amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation) proclaimed in June 1997 included provisions to facilitate the testimony of young victims and witnesses and strengthen the stalking provisions.
• Bill C-46, An Act to Amend the Criminal Code (production of records in sexual offence proceedings), proclaimed into force May 12, 1997. The amendments protect complainants by restricting the production to the accused of irrelevant personal and private records.
• Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence, proclaimed into force December 1, 1999, fulfilled several of the government's obligations stated in its Response to the Report of the Standing Committee on Justice and Humans Rights “Victims' Rights - A Voice Not A Veto”. Bill C-79 enhances the protection and participation of victims and witnesses in the criminal justice system. The amendments:
  • expanded the availability of protection from personal cross-examination by a self-represented accused for victims and witnesses of sexual offences and personal violence offences, up to the age of 18;
  • clarified the application of publication bans, and provided a discretion to order, in appropriate circumstances, a publication ban on information that could disclose the identity of victims or witnesses;
  • ensured that the safety concerns of victims and witnesses are taken into consideration in judicial interim release determinations and in the imposition of conditions in any undertakings given by the accused for judicial interim release;
  • revised the victim impact statement provisions to, among other things, require the judge to inquire whether the victim has been advised of the opportunity to prepare a victim impact statement, and permit a victim to present a victim impact statement orally;
  • provided that all offenders must pay a victim surcharge of a fixed, minimum amount, except where the offender establishes undue hardship, and provide for increased amounts to be imposed in appropriate circumstances;
  • required a judge, at the sentencing of an offender to life in prison, to provide information, for the benefit of the victim, regarding the operation of the provisions governing judicial review of parole eligibility.
• Bill C-10, An Act to Amend the Criminal Code (Mental Disorder) received Royal Assent in May, 2005 as SC 2005, c. 22. Some provisions were proclaimed June 30, 2005 and the rest were proclaimed in 2006. The victim related provisions will ensure victims are advised of the opportunity to present a victim impact statement at the initial disposition hearing, may orally present the statement and receive notice of disposition hearings.
• Bill C-2, An Act to Amend the Criminal Code (Protection of Children), received Royal Assent in July, 2005 as SC 2005, c.32 and was proclaimed into force in 2006. The amendments strengthen the child pornography provisions, strengthen protections against sexual abuse and exploitation, create new voyeurism offences and expand provisions to facilitate the testimony of young persons, including significant reforms to the Canada Evidence Act to govern how children's testimony is received.
• CCRA Victim Relation Provisions contains specific provisions authorizing the release of some offender-related information to victims who register with CSC and request information.
  • Anyone can request publicly available information such as the offence for which the offender was convicted, the sentence length and eligibility dates for temporary absences, day parole or full parole. Victims of crime, as defined in the CCRA, may register and request additional information which may include the penitentiary where the offender is serving the sentence, the date of a Parole Board hearing, the nature of the conditions attached to any work release, parole, statutory release or temporary absences, whether the offender is in custody and if not, the reasons. Victims may request ongoing information and must ensure that CSC and NPB have their current address for this purpose.
  • Victims may request to attend Parole Board hearings as observers and may also have access to the decision registry of the National Parole Board. Victims may prepare and submit victim impact statements, describing the physical emotional and financial impact of the offence upon them, to the Parole Board. Since 2002, the National Parole Board policy has permitted victims to read or otherwise present the victim impact statement at the hearing.

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^[1]With the renewal of the Victims of Crime Initiative (2005-2010), the terms and conditions of the Victims Fund were revised. There are now three components of the Fund: Provincial Territorial Implementation, Pilot Projects and Activities, and Emergency Financial Assistance.

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