44th Parl. 1st Sess.
June 15, 2023 10:00AM
- Jun/15/23 11:16:39 a.m.
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Madam Speaker, first of all, I ask my colleagues' permission to share my time with my colleague from Berthier—Maskinongé.
I am going to talk about the report that is the main focus of our debates today. With respect to the amendment proposed by the Conservatives, I will let the minister defend himself as he sees fit. Those of us in the Bloc Québécois are also outraged by this treatment—I would not say preferential treatment, but the treatment Mr. Bernardo received. It seems victims rights' have been ignored in this case. It is shocking to us too, but I will let the minister present the arguments he deems appropriate. We will see when the time comes.
I was proud to sit on the Standing Committee on Justice and Human Rights when we studied these provisions. Of all the areas of federal jurisdiction, the Criminal Code is among the most important. I do not wish to diminish the importance of international relations, the environment or other matters, but the Criminal Code has an impact on the daily lives of many Canadians. The federal government's power over the Criminal Code and criminal activity is a very big deal. I was very proud to take part in those debates.
The report contains a number of recommendations. They are all important, but I would particularly like to draw my colleagues' attention to the provisions set out in recommendations 7, 8, 9 and 10 regarding victim's participation in the process.
I think this is essential. In a criminal trial, decisions are often made about the punishment that will or will not be imposed on the accused. Some consideration is also often given to the fate of the victims of the crimes in question, but perhaps not always enough. At least, victims may not get a chance to participate effectively in trials that involve them. We heard from many witnesses on this issue in committee. What came up quite frequently was the lack of information. Victims do not know what rights they have during their attacker's trial.
We think it would be important to run education campaigns on this issue, while taking into account the different areas of jurisdiction, of course. My colleagues know how important that is to me. Raising awareness should not mean encroaching on the jurisdictions of Quebec and the provinces. We think there could be discussions on this, but public education campaigns have to be set up to properly inform citizens of their rights when they are victims of a crime.
There is the whole issue of the ombudsman. The position was vacant for quite some time, but was finally filled last fall. A new ombudsman was appointed. However, the budget for the office of the ombudsman is rather meagre. I think this should be reconsidered to ensure that there is a full team of competent people working with the ombudsman, because the role of ombudsman is essential in the criminal trial process. The public education campaigns and the ombudsman are important elements that we will find in more detail in recommendations 7, 8, 9 and 10 of the report. That said, I do not want to minimize the importance of reading all 13 recommendations.
I would also like to draw my colleagues' attention to recommendations 11 and 12. We talked about them recently. Important groups are calling for this. Motions to this effect have been moved in the House. We must absolutely ensure that the publication bans in criminal cases have the desired scope and effect.
Publication bans are issued to protect the victims, not to protect the public. However, under the current system, most of the time publication bans are requested by the Crown prosecutor, sometimes almost automatically, often without the victims having been consulted.
Once the publication ban has been ordered, the victim does not have the authority to ask that it be lifted. However, victims often want to speak out publicly in the media about the crimes committed against them. They want to talk about how the crime affected their lives and their family's lives. They want to have some input on the punishment they consider appropriate in their case.
In every case, the victim comes up against a publication ban that they do not have the right to breach. If they do, they could be prosecuted. This makes no sense to me. Victims testified at our committee about this issue. I do not even understand why this rule is in place. They are quite right. We need to allow publication bans, because they are essential in some cases. Some victims say they do not want the crime they were a victim of to be discussed. They do not want their family, neighbours or children to read about it in the media.
However, other victims say that it is therapeutic for them to talk about it. The needs and rights of the victims must be considered. Publication bans are central to victims' rights and needs. I recommend that the House pay particular attention to this issue, which is addressed in recommendations 11 and 12 of the report. This strikes me as being essential.
There is also recommendation 13, which deals with the issue of restitution orders. In a justice system that many say should be increasingly restorative, perhaps victims should be provided with better access to restitution. Any time a trial extends over several days or even several weeks, it might make sense to assume that the presiding judge has a good idea of the damages suffered by the victims. It might also seem appropriate for the judge to rule on some of those damages and ensure that the orders made are binding and that the victims have the opportunity to ensure that they are enforced. Access to restitution is important.
Publication bans should be ordered or sought by the Crown only after the victim has consented to the ban. For example, the judge could seek or require the victim's consent before issuing a publication ban. If the victim does not consent, a discussion could take place with the judge and the Crown as to why a ban should or should not be imposed. A mechanism must be found to ensure that victims participate in these orders and are able to have them lifted when it is in their best interest.
Again, I could never overstate the importance of supporting victims, as I discussed at the start of my speech. However, we need to invest funds in providing the necessary information to victims. At the moment, that information is meagre. Although I dislike using the same word twice, the adjective seems to fit the ombudsman's office and information services too. As things stand, a person who becomes a victim of crime is unaware of the services they are entitled to receive. The victim's level of involvement in the process will depend on the prosecutor assigned to the case. I think we need to inform victims, but we also need to inform Crown attorneys about what they must offer victims to have them participate, understand the process and exercise their rights along the way.
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- Jun/15/23 11:26:38 a.m.
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Madam Speaker, I would not go so far as to say that the amendment has nothing to do with the adoption of the report, since we are talking about victims' rights and the case of Mr. Bernardo, who was transferred to a medium-security penitentiary without the victims being properly consulted or informed. Maybe there is a connection, but I agree with the member that it is certainly not a direct link.
At the time we wrote our report, we certainly would not have been able to discuss Mr. Bernardo's case, because his transfer has only just taken place. There is a connection, but it is tenuous.
I think we have to wait and see what the minister comes up with. I think the connection is too tenuous for us to be able to discuss it in a useful way at this point. I would rather have the minister explain this motion.
Personally, I want the House to approve our report as written so we can move forward. Once again, this is too important. We need to strengthen victims' right to information, provide funding to the Office of the Federal Ombudsman for Victims of Crime, launch an awareness campaign, and review the parole process and publication bans.
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- Jun/15/23 11:28:45 a.m.
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Madam Speaker, I agree with my colleague that it was a pleasure working together on the Standing Committee on Justice and Human Rights. Despite the differences of opinion from one party to the other, I think we have always been able to work respectfully, and I value that.
With regard to recommendation 3, it is indeed important to establish minimum standards for victim services. Again, I am proceeding very cautiously, because it seems to me that the foundation of this work is fragile.
We are talking about respecting the jurisdiction of Quebec, each of the provinces and the three territories. This needs to play out the same way it did in committee, that is, with respect, and the provinces should be consulted. If the justice ministers of Quebec, Canada, Ontario and all the provinces agree to work together to establish something, I would be the happiest man alive. Even a sovereign Quebec wants to work with Canada and with other countries. That is the crux of the global political, economic, cultural and social reality. We must work together to ensure that the services offered to victims are effective and useful to everyone.
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- Jun/15/23 11:30:34 a.m.
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Madam Speaker, I thank my colleague from Thérèse-De Blainville for her question and for the incredible work that she does in her riding and in the House.
I will reiterate everything that I believe is essential: victims' participation in the justice system, restorative justice, publication bans, and victims' participation in parole hearings. However, the fact is that victims' right to information needs to be reinforced, so that is probably the priority.
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