44th Parl. 1st Sess.
October 17, 2023 10:00AM
Madam Speaker, it is a pleasure to rise today to speak to Bill C-320, a bill that makes a fairly significant statement. I truly believe that it does not matter what side of the House a member sits on as we all recognize that, whenever a crime is committed, there is a victim, whether it is collectively or individually. We want to be there in a very real and tangible way to support victims.
When I look at Bill C-320, I see a bill that moves us forward in being more transparent, and ultimately more accountable, through providing supports directly to victims. I do not say that lightly because I have had experiences, while I was an MLA a number of years ago in the mid-nineties, where I had the opportunity to participate in a youth justice committee.
For those who are not aware, youth justice committees were an alternative to young people having to go to formal court. I found out something very quickly when young people came before the committee, which in my case was based in a community in the northwest end of the city of Winnipeg. We were classified as honorary parole officers of sorts, and we listened to cases involving anything from shoplifting and automobile theft to some cases of minor assault types of situations. What I found was that, the more we gained experience as a justice committee, the stronger our desire to incorporate victims.
I believe that at the time we were one of the first justice committees looking for restorative justice. In that case, having restorative justice meant that we had young offenders sitting down to work out some sort of a disposition with us along with the victim. We felt that that was a good alternative to having the victim outside of the process. Rather, the victim was on the inside of the process, able to contribute to the disposition of an individual, a young person in the community, to ensure that justice was being served. What I found in a couple of the cases that I was able to participate in was that there was a much higher sense of relief in different ways, in part by the victim.
Since the mid-nineties, I have always had an interest in how we can support victims of crimes. The types of crimes that are out there are obviously exceptionally wide in the spectrum. The ones that have a strong element of violence against a person are, from my point of view, the most offensive. I am more sympathetic to having victim's rights being looked after.
When I look at Bill C-320, what I see are amendments to the CCRA that would require Correctional Services Canada and the Parole Board of Canada to provide victims with an explanation of how dates were calculated initially and at each time there is a change. I think that is the core of the content of the legislation that we are talking about today.
When I think of what we have done as a government to support victims, there are a couple of things that I want to highlight. Whenever we think of the role that the government plays, one can talk about legislation but I would also suggest that one can talk about budgetary measures.
For example, budget 2021 proposed to provide just over $85 million, over five years, to support a national program for independent legal advice and independent legal representation for victims of sexual assault and to support pilot projects for victims of intimate partner violence. I believe this demonstrates that the government is looking at supporting victims in a very tangible way.
I have seen legislation that we have passed that makes it easier for the victim; when a perpetrator goes before a parole board, the victim does not have to appear in order to present what had taken place, thereby making them a victim once again.
As a government, we have acted on budgetary measures and legislative measures to be able to protect the interests of victims.
Through the victims fund, we have made more than $28 million available to provincial and territorial governments and non-governmental organizations to increase awareness and knowledge of victim issues, legislation and available services.
The bill would amend the Corrections and Conditional Release Act. I believe that this disclosure of an offender's parole eligibility dates to the victims also includes the explanation of how such dates would be determined. This is consistent with what that the government has been doing, from a budget process and a legislative process previously.
The government is committed to supporting victims of crime and their families. Their right to information about the individuals who have harmed them should be respected at all stages of the corrections and conditional release process.
This disclosure of information to victims provides transparency and accountability.
We have seen legislation pass when we believed that it would receive unanimous support. I believe that this piece of legislation has wide support, possibly from all political parties in the chamber.
I hope that the mover of the legislation would be open, as the government is when it brings forward legislation that goes to committee, to possible amendments.
I reflect back on Bill C-48, which was dealing with the whole issue of parole and bail hearings, in particular the importance of having the reverse onus in specific areas of proof. I witnessed during the debates of that legislation an overwhelming desire to see it ultimately pass. It received unanimous consent.
I do believe that a vast majority of, if not all, members realize the importance of more accountability and transparency in protecting the victims of crimes. That is why I feel very comfortable in wanting to see this bill go to committee.
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Madam Speaker, it is a pleasure to rise in the House today to speak to my hon. colleague from Oshawa's private member's bill, Bill C-320, an act to amend the Corrections and Conditional Release Act (disclosure of information to victims).
When I was asked to speak to this bill, the answer was an easy yes. It is easy to support Bill C-320 because this crucial piece of legislation prioritizes victims' rights in the Canadian justice system. It is the government's responsibility to ensure that victims of crime are treated with the utmost respect and dignity. It is time that victims and their families are prioritized by our justice system, not continuously revictimized by it.
However, the Liberal government repeatedly fails on that account. It has been easy on criminals while tough on families. After eight years of the Prime Minister's failed catch-and-release bail and soft-on-crime policies, crime has never been worse.
Ever since the Liberal government passed Bill C-75, it unleashed a wave of violent crime across our country. Since 2015, total violent crime has increased by almost 40%, homicides have increased by 45% and are up for the fourth year in a row, gang-related homicides have increased by over 100%, violent gun crime has increased by over 100%, total sexual assaults have increased by almost 75%, sex crimes against children have increased by over 125% and kidnappings have increased by almost 40%. With more crime and chaos across our country, there are more and more victims, and it seems that the system is putting the rights of criminals over the rights of victims.
That is why victims and families of victims like Lisa are speaking out and are the inspiration and driving force of this bill. Lisa's father was brutally murdered in 1991, and the offender received a conviction of 25 years to life. Lisa and her family, like many victims of crime, were caught off guard when they were notified that the offender was eligible for parole before the 25 years indicated on the conviction record. Her father's killer was eligible for early parole only 20 years into his sentence of 25 years to life. Victims usually think life means life. She believes, and I agree, that the lack of transparency regarding how parole dates and eligibility are determined causes the victims of crime to experience confusion, frustration, trauma and resentment of the criminal justice system.
This legislation makes a simple amendment to the Corrections and Conditional Release Act to provide respect and dignity to victims and their families. It would require that information regarding the review eligibility for all forms of parole be communicated in writing to the offenders' victims, including explaining how the dates were determined for parole and explaining this process, to be as transparent as possible. Victims deserve accurate and timely information regarding the parole process.
Hearing about this bill and Lisa's story, I was reminded of a similar case in my own riding, a story I am sure all members are familiar with, the tragic case of Tori Stafford, a young girl whose life was cut short by a horrific murder. It serves as a stark reminder of why we must advocate for the victims' rights.
In April 2009, Tori, an innocent eight-year-old, was abducted, raped and murdered by two individuals. It was a senseless act that sent shockwaves not only through Oxford but through our country. The pain and anguish that Tori's family and loved ones endured was unimaginable. This traumatized Tori's family, our community of Oxford and our country.
Unfortunately, the Stafford family's journey with the justice system has not been a smooth one. Michael Rafferty and Terri-Lynne McClintic were both guilty of murdering Tori. McClintic pleaded guilty in 2010, and in 2013, after his appeals, Michael Rafferty received the same sentence. Both were sentenced to life in prison with no chance of parole for 25 years in maximum-security facilities. However, in 2018, we saw that McClintic made headlines for being transferred to a minimum-security healing lodge.
With the advocacy of Tori's family, the public outcry was strong and swift, and McClintic was returned to prison after the public safety minister intervened. However, this raises the question of how we have gotten to the point that, eight years after raping and murdering a child, a violent offender can be transferred to a low-security facility. Why is the criminal justice system providing false comfort to the families of our victims?
When I spoke to Tori's father about this incident, he stated that the Parole Board did not notify him of McClintic's transfer. He shared how, each time the offenders were transferred, it brought back the terrible memories, picked at the wounds they were trying to heal and caused them pain. At times when the offender of the crime was transferred to a lower-security facility or granted temporary leave from a prison for various reasons, it was not always communicated to them. It was traumatic for their family.
Tori Stafford's story is a heart-wrenching example of the dire need for comprehensive reform of our parole and justice systems. We need greater transparency. We must prioritize victims and victims' families, rather than allowing criminals to dictate how the process will progress.
While this incident is older, Rodney Stafford, Tori Stafford's father, was again in the media this summer when we heard about Paul Bernardo's transfer happening without much warning to his victims' families. Rodney discussed the need for transparency surrounding the incarceration of his daughter's killers, especially when they become eligible for parole. He knows that there is a chance that one or both will one day be released, but until then, he says that victims' families deserve more respect. He said, “The victim families, we don't have any rights”. He went on to say, “They've been eliminated.”
Ultimately, that is why we are here today. Bill C-320 would address the fundamental issue of victims' rights and aim to provide them with the support and recognition they deserve. This legislation would acknowledge that victims such as Tori Stafford and her family, and advocates such as Lisa and Rodney, should be at the forefront of parole board considerations.
The bill would seek to rectify the power imbalance that often exists between victims and offenders. It would ensure that the system itself does not revictimize the families. That is why this bill would be a crucial step forward in making our justice system more compassionate, supportive and responsive to families' needs.
It is necessary reform that pays homage to victims who have suffered immeasurable pain and deserve better. This policy has the support of the victims' rights community, and this amendment is a very simple one. It is the addition of a single sentence that would put victims first and make a world of difference.
Bill C-320 is an essential piece of legislation that acknowledges the pain and suffering endured by victims. By passing this bill, we would send a clear message that Canada stands with the victims and not the criminals. We would stand with victims by providing them with the rights and support they deserve throughout the parole process.
Let us not forget the lessons learned from cases such as Tori Stafford's and Lisa's: We have an urgent need for further parole reform and a justice system that would put our victims first. I urge my honourable colleagues to support Bill C-320 and make our justice system a more compassionate and just place for all.
We will and we must do more to support victims and their families. It is the right thing to do.
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