National Victims of Crime Awareness Week Online Webinar: Bill C-32 - The Canadian Victim Bill of Rights: Shaping the Future April 22, 2015

Transcription

1 National Victims of Crime Awareness Week Online Webinar: Bill C-32 - The Canadian Victim Bill of Rights: Shaping the Future April 22, 2015

2 Introduction of Speakers You will hear from three speakers on this online webinar this afternoon: Priscilla de Villiers, Executive Director, Victim Justice Network Peter Sampaio, Executive Lead, Victim Justice Network Pamela Arnott, Director and Senior Counsel of the Policy Centre for Victim Issues, Department of Justice Canada

3 Acknowledgement of Support This webinar is made possible through the funding support of Justice Canada s Victims Fund and the Department of Justice Canada.

4 Acknowledgement of Support The Victim Justice Network would also like to thank Community Legal Education Ontario (CLEO) for collaborating with us in the delivery of today s webinar. A copy of the recorded webinar will be posted on

5 National Victims of Crime Awareness Week National Victims of Crime Awareness Week (Victims Week) is an annual outreach initiative of the Justice Canada Policy Centre for Victim Issues (PCVI). The key goal of Victims Week is to raise awareness about the issues facing victims of crime and about the services, assistance and laws in place to help victims and their families.

6 Theme for Victims Week 2015 The theme for Victims Week 2015 is "Shaping the Future Together." This theme recognizes that: Many victims are looking to move beyond their victimization and shape their own future. Throughout Canada, countless dedicated professionals and volunteers devote their time to shape a better future for victims of crime. Victim service providers and criminal justice professionals give information and meaningful support to victims and their families at the community, provincial, territorial and federal levels to help victims as they navigate the criminal justice system. National Victims of Crime Awareness Week also recognizes victim service providers who strive to shape a future that includes effective and efficient services to victims of crime.

7 Theme for Victims Week 2015 (cont d) Over the past ten years, National Victims of Crime Awareness Week has helped to shape the future for victims by raising awareness about the issues facing victims of crime and the services, programs and laws in place to help victims and their families. Over the past three decades, Canada has made significant advances towards shaping a future where victims are treated with courtesy, compassion, and respect while navigating the criminal justice system. By working together collaboratively, all levels of governments are giving victims of crime an effective voice in the criminal justice system.

8 Victim Justice Network Webinars One of the key objectives of the Victim Justice Network (VJN) is to promote public awareness and public education on issues of importance to victims of crime. In April 2014, the VJN delivered a webinar regarding Victim Impact Statements with over 120 online participants. This year, we are highlighting Bill C-32 The Canadian Victim Bill of Rights in partnership with our guest presenter, Pamela Arnott, Director and Senior Counsel, Policy Centre for Victims Issues, Department of Justice.

9 What is the Victim Justice Network?

10 What is the Victim Justice Network? The Victim Justice Network (VJN) was incorporated as a national non-profit organization in mid The VJN is governed by a volunteer Board of Directors. VJN Mission: The Victim Justice Network aims to establish an onlinebased network which will link to existing networks and information hubs to better serve and support victims of crime.

11 Victim Justice Network: Objectives and Goals

12 VJN: Objectives Victims of Crime: Information, Resources Referrals Researchers & Academics: Education Awareness Research Innovation Justice Professionals: Building a Support Network

13 VJN: Objectives Three areas: 1.To promote access to justice for victims of crime through online victim-centred information, resources and referrals. 2.To build a professional support network for justice professionals, victim service providers and others serving victims of crime. 3.To develop and disseminate educational resources by supporting multidisciplinary research and innovation on emerging victims issues.

14 VJN: Phase One Phase One ( ): 1.To promote access to justice for victims of crime through online victim-centred information, resources and referrals. Activities: Phase one of the VJN website is under development. To provide victims with greater access to information and resources. Building cross-collaboration and partnerships across sectors to better support victims. Advisory committee consisting of victims, agencies, service providers, professionals developing content.

15 Building a Supportive Network for Victims Health Care Services Financial Assistance (Compensation & Restitution) Criminal Justice System Education & Employment Services Legal Assistance Victim of Crime Mental Health & Addictions Treatment Emotional & Psychological Supports Basic Needs (food, clothing, housing) Family & Children Services Specialized Supports

16 Victim Justice Network: Leadership Kate Lines, (Retired 2010) Chief Superintendent, Investigation Support Bureau, Ontario Provincial Police was appointed the Chair of the Victim Justice Network in October Kate had a distinguished 33-year policing career with the OPP and became the first female Director of the Intelligence Bureau. Kate received the Officer of the Order of Merit Medal, Queen's Commission, International Association of Women Police Excellence in Performance Award, Ontario Women in Law Enforcement Excellence in Performance and Team Endeavours Award and Canadian Police Leadership Forum's Police Leader of the Year award. She recently released a bestselling book, Crime Seen, which recounts her remarkable career and stories about the courage of victims and their families.

17 Victim Justice Network: Activities Update

18 Recent VJN Activities In November 2014, the VJN received confirmation of multi-year funding from the Department of Justice for the development of a dedicated website. Phase one is under development. The VJN has created an advisory group composed of volunteers from various backgrounds and sectors: Victims of Crime Policing Law & Criminal Justice Communications and Media Information and Referral Services Victim Services & Support Victimology, Academic Study Legal Education

19 Recent VJN Activities (cont d) Outreach: Over the past year the VJN has engaged over 100 organizations/individuals/networks with the aim of creating national and international linkages. Research and Academic collaborations: The VJN is partnering with the University of Montreal (Victimology), Algonquin College (Ottawa, Victimology) and York University (Osgoode Hall Law) on several research projects and joint initiatives. Today s webinar is an educational opportunity for participants to learn about the forthcoming impact of the Canadian Victim Bill of Rights.

20 Questions?

21 Introduction to Webinar Presentation: Bill C-32 The Canadian Victim Bill of Rights: Shaping the Future

22 Bill C-32: Canadian Victim Bill of Rights Bill C-32 was introduced in 2014 and is an important step towards ensuring that victims of crime are provided with rights of information, protection, participation and restitution in the criminal justice system. The implementation of this Bill is expected to change the role of the victim in the criminal justice system. This Bill creates statutory rights in the criminal law and at the Federal level (e.g. Correctional Services of Canada). Provincial and Territorial governments will continue to be responsible for the administration of justice. All three levels of government share responsibility for respecting victims rights across Canada.

23 Guest Presenter Pamela Arnott is the Director and Senior Counsel of the Policy Centre for Victim Issues, Department of Justice Canada. Ms Arnott led the team which created the Bill C-32. Ms Arnott is a graduate of Trent University and the University of Ottawa where she won national awards for scholarship, official languages proficiency and international mooting. She has been a member of the Law Society of Upper Canada since 1996 and also holds a Certificate in Administrative Adjudication. Ms Arnott has worked in the Canadian federal government for more than 20 years on such diverse issues as international fisheries, firearms control, parliamentary affairs and drug control.

24 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S DEPARTMENT OF JUSTICE CANADA MINISTÈRE DE LA JUSTICE CANADA Canadian Victims Bill of Rights Presentation to Victims Justice Network April

25 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Purpose This presentation will provide a factual overview of Bill C-32. This presentation will discuss the following parts of Bill C-32: General provisions Right to information Right to protection Right to participation Right to restitution Remedies 25

26 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S General Provisions A victim is a person who has suffered physical, emotional, property or financial loss. Where victim is deceased, provision for a representative; Technical amendments to Criminal Code and CCRA to ensure consistency. An offence is an offence under the Criminal Code, YCJA, CDSA, Crimes Against Humanity and War Crimes, IRPA (Part 3 and section 91). Scope: Victim acquires rights at the moment the alleged offence is reported to the authorities; Victim must be present in Canada or be a Canadian citizen / permanent resident; Applicable to offences investigated and prosecuted in the criminal justice system. 26

27 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S General Provisions (cont.) Primacy: All federal Acts to be applied consistently with CVBR. If any inconsistencies exist, the CVBR will prevail. CVBR will be balanced with other quasi-constitutional legislation. Limitations: Applied in a manner that is reasonable in the circumstances and is not likely to: Interfere with police discretion or an investigation; Interfere with prosecutorial discretion or a prosecution; Interfere with ministerial discretion; Endanger life or safety of an individual; Cause injury to international relations, national security or national defence. 27

28 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to information General information, on request, about: Criminal justice system and role of victims; Available victim services and programs; Right to make complaint. Case-specific information, on request, about: Status and outcome of the investigation; Progress and outcome of proceedings; Reviews of offender s correctional release; Reviews or release of NCR/UST accused. 28

29 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to information technical amendments Allow victims to request a copy of the judicial interim release, the probation or conditional sentence order. Plea Bargains - ask the prosecutor if: reasonable steps have been taken to inform the victims of plea agreements for murder or serious personal injury offences; and in cases involving an indictable offence with a maximum punishment of 5 years or more victim asked to be informed of plea agreements and whether reasonable steps were taken to inform the victims of the agreement. CCRA provisions on information sharing, availability of victim-offender mediation, and access to PBC decisions. 29

30 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to protection Consideration of victim s security and privacy in their interactions with the criminal justice system; Reasonable and necessary measures to protect victims from intimidation and retaliation; Application for testimonial aids when appearing as a witness; Enhanced ability to protect victim s identity from public disclosure. 30

31 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to protection technical amendments Intimidation: define that any conduct committed with the necessary intent would constitute intimidation of a justice system participant. Judicial interim release: require Court to consider safety of every victim and note this consideration of victims in the order. Testimonial aids: Expand list of factors for the Court to consider in ordering an exclusion order; Create easier test for ordering a support person or screen ( facilitate the frank and candid account ); Expand offences where a self-represented accused cannot personally cross-examine a victim; Expand publication ban provision to require an order where any information could identify a child victim; and, Create A1easier test for publication bans for adult victims. 31

32 Slide 31 A1 reword? Author, 3/26/2015

33 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to protection technical amendments (cont.) 3 rd party records regime: more clearly include historical sexual offences; double the length of time that a person can receive application for 3rd party records; require the Court advise victims or witnesses of their right to counsel; require the Court to consider personal safety of the victim in determining whether to release or review a record. CCRA provisions on conditions (e.g. non-contact or geographic restrictions) to protect victims and access to photograph of offender prior to release. 32

34 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to participation Allow victims to convey views to appropriate authorities and have them considered by decision-makers; Present a victim impact statement. Technical amendments: CCRA provisions on designation of a representative to receive information, and ability to withdraw request for information. CEA provisions on spousal competency and compellability, and capacity to testify of witness under 14 years. 33

35 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to participation technical amendments (cont) Victim / Community Impact Statements (VIS/CIS): New standardized mandatory form for VIS and CIS; New standardized optional form for VIS from victims of NCR accused; Form provides clarity on what can/cannot/may be in the VIS/CIS; Courts are to consider parts that are relevant and disregard the rest; Ability of victims to have testimonial aid in presenting VIS/CIS; Ability of victims to bring a photo during presentation of VIS/CIS. Sentencing principles: Denunciation of harm to victims and society as sentencing objective ; Harm to victims and society be taken into account in ordering any noncustodial sanctions. 34

36 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to restitution Courts must consider a restitution order in all offences; Victims have a right to seek payment through civil courts. Technical amendments: Victim surcharge: must be paid within a reasonable time or in the time provided by provincial or territorial regulations. 35

37 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Right to restitution technical amendments Court would be required to: consider imposing a restitution order in all cases; inquire if victim is seeking restitution, and if not, Court could adjourn; provide reasons when restitution is not ordered. Offender s ability to pay is not determinative in making order. New standardized mandatory form. Court can: order payment schedule; make order payable to multiple victims and designate priority between these victims. Provinces and territories can designate a public body to assist in the collection of restitution orders. 36

38 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Remedies Victim have the right to file a complaint with federal departments who provide services to victims. All relevant federal departments will have complaint mechanisms. If unsatisfied, the victim could complain to another authority. For a violation made by a provincial agency, the victim must use the remedies provided in provincial or territorial legislation. An infringement of the Act does not give rise to a civil cause of action or a right to damages. Victims do not have a right to standing, nor a right to appeal an order or judgment. 37

39 Questions and Answers

40 Webinar Wrap-Up and Closing Remarks

41 Webinar Slides Online A recorded copy of the webinar will be posted on the your legal rights website: canadian-victim-bill-rights-shaping-future We will also make available a PDF copy of the slides and a French copy of Ms Arnott s presentation.

42 VJN Newsletter Please sign-up for the Victim Justice Network e- newsletter by visiting our website: Please stay tuned for more updates as we work towards launching phase one of our website in 2015

43 Contact Information If you have any additional questions that we were unable to answer today, or would like more information about the Victim Justice Network please contact: Priscilla de Villiers, Executive Director Peter Sampaio, Executive Lead

44 Evaluation Survey At the conclusion of this webinar, please complete the short survey that will popup on your screen. Your feedback is very important to us!

45 Thank You! Thank you for participating in our online webinar today!

46 This webinar was brought to you in partnership with CLEO through Your Legal Rights: A website of legal information for people in Ontario. For more public legal information webinars visit: