Hon. Pierre-Hugues Boisvenu moved second reading of Bill S-265, An Act to enact the Federal Ombudsperson for Victims of Crime Act, to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime.

He said: Honourable senators, I’m proud to rise today to speak to Bill S-265, An Act to enact the Federal Ombudsperson for Victims of Crime Act, to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime, which I introduced in this chamber on May 17.

Honourable senators, it has now been 14 years since I came here to the Senate to continue my mission to be the voice of victims of crime, after my daughter Julie was murdered in 2002. Over the past 14 years, which have gone by too fast despite my heavy but very necessary workload, I’ve devoted all of my energy to try to advance and protect the rights of victims of crime across our country.

When I was appointed to the Senate by Prime Minister Stephen Harper in 2010, I had a very specific objective in mind, that of giving victims of crime a bill of rights that would guarantee the recognition of and respect for their rights, which are all too often neglected or even forgotten by federal institutions and the Canadian justice system. On April 23, 2015, I had the honour and privilege of getting passed, in this chamber, Bill C-32 to implement the Canadian Victims Bill of Rights.

When I navigated our justice system during the trials related to Julie’s murder, I quickly became concerned by the tremendous imbalance between the rights of the accused and those of the victims and their families. I still carry this concern and always will.

In 1982, Canada incorporated in its Constitution the Canadian Charter of Rights and Freedoms. It has 17 sections that offer legal guarantees to the accused and the convicted to protect them from any cruel treatment, any unfair trial, any unreasonable search and any unjustified arrest. These rights enshrined in our Constitution, taken from lessons learned from the past, are critical for protecting human rights in a country like ours that is governed by the rule of law.

However, I always found it unusual, unfair even, that our Constitution doesn’t include any provisions dealing specifically with the rights of victims of crime. Over the years, this legal gap has caused victims to have a lack of confidence in our justice system and our federal institutions, and has instilled a sense of injustice. Through the adoption of the Canadian Victims Bill of Rights, victims of crime and their loved ones finally gained a legal recognition of their rights, a recognition they deserve for the heinous crimes they endured.

As I pointed out in my speech as sponsor of Bill C-32, passing the bill of rights was only the start of gaining recognition for victims of crime. In 2015, as I often remind people, the Canadian Victims Bill of Rights was a vehicle that we needed to learn how to drive, a vehicle that had to be maintained and earn some mileage. Unfortunately, eight years after it was adopted, I’m disappointed to say that no improvements have been made to victims’ rights, and that includes the document itself. Sadly, there was much to be done in those eight years. The Trudeau government had many opportunities to introduce legislation, and it had a responsibility to do so. Alas, it chose to ignore them.

The government should have been called out publicly time and time again when it trampled on victims’ rights. Victims of crime often share this image with me: Since its adoption, the Canadian Victims Bill of Rights has been kept on life support, with the government keeping its foot on the oxygen hose. The bill of rights isn’t dead, but it’s not strong.

It is in this context that I decided to take action by introducing this vital bill that will correct the gaps observed over the past few years and uphold and enhance the rights of victims of crime. In drafting this bill I first focused on the remarkable work of the former federal ombudsman for victims of crime, Heidi Illingworth. The report tabled by her office, entitled Progress Report: The Canadian Victims Bill of Rights, allowed me to include in the current bill the vast majority of the 15 recommendations that the ombudsman proposed at the time.

Then I looked at the recommendations in the report of the House of Commons Standing Committee on Justice and Human Rights entitled Improving Support for Victims of Crime, tabled in December 2022. It’s important to note that this report is the result of a study launched by the Conservatives on the government’s responsibilities toward victims of crime. This initiative was especially critical because the government had failed to do the five-year review of the Canadian Victims Bill of Rights in 2020. This government clearly hasn’t put victims of crime at the top its priorities.

Honourable senators, first, Bill S-265 seeks to recognize the Office of the Federal Ombudsperson for Victims of Crime as an independent legal entity that reports directly to Parliament instead of it being considered a mere program under the Department of Justice. As an officer of Parliament, the ombudsperson will table before Parliament an annual report on its operations and complaints received, like the Correctional Investigator of Canada does regarding criminals.

This is a very important measure because it would guarantee that victims of criminal acts are permanently represented and supported within our federal institutions. To illustrate this point, let’s remember that the position of Federal Ombudsperson for Victims of Crime remained vacant for an entire year after the last two ombudspersons’ terms, which is unacceptable for such a crucial position. As a comparison, the Correctional Investigator position was vacant only for a few weeks on the same two occasions.

Let’s also remember that the current Federal Ombudsperson for Victims of Crime expressed his support for the bill when he appeared before the House of Commons Standing Committee on Justice and Human Rights during the study that I mentioned earlier. Here’s what he said:

I think there are benefits to both approaches, but I think that reporting to Parliament provides a stronger mandate for the office.

The intent of an ombudsperson is that it’s an independent authority that has the right to bring a challenge to the current approach. There’s a power imbalance if that reporting can be stopped at the Minister of Justice, who’s approaching issues in a particular way, rather than the wider body that represents the interest of Canadians.

That would be Parliament.

When we look at something as significant as criminal justice, input of governance from a wider body is appropriate. As Heidi said, I think a move in that direction would also necessitate a stronger portfolio of funding. Even if it’s not a substantial increase, some increase to bolster that capacity would be an added benefit that would significantly help victims of crime.

That statement highlights an essential point. If the Office of the Federal Ombudsperson for Victims of Crime reported to Parliament, it would have a bigger budget, which would enable it to fulfill its missions to better protect victims’ rights and ensure they are upheld in accordance with the Canadian Victims Bill of Rights.

I also want to quote part of a report entitled Improving Support for Victims of Crime. The report includes comments from the former Federal Ombudsman for Victims of Crime, who stated that, because of her office’s limited budget and small number of employees, there was a limit to the amount of work it could do, particularly with regard to carrying out systemic reviews and handling emerging issues and victim complaints.

Bill S-265 also includes direct amendments to the Canadian Victims Bill of Rights. The bill of rights would be amended to strengthen certain rights for victims, notably by replacing the “right to restitution” with the “right to reparation.” This would allow victims to receive compensation. This is in line with article 12 of the UN declaration, which encourages states to provide compensation to victims when the perpetrator is unable to do so.

This measure is also one of the recommendations set out in the progress report by the Office of the Federal Ombudsman for Victims of Crime. This right to reparation would cover restorative justice, symbolic actions of reparation and restitution to victims.

In addition, the bill includes a new provision stipulating that victims of crime will be able to receive assistance if a court order for restitution isn’t respected. This provision responds to another important recommendation of the Office of the Federal Ombudsman for Victims of Crime, which states that any victim in whose favour a restitution order is made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender.

Finally, the bill also includes a training component for anyone employed by a criminal justice system authority who plays a role in implementing victims’ rights. It is essential that all those involved in the criminal justice system are fully informed and aware of the new provisions of the Canadian Victims Bill of Rights. After experiencing significant suffering, victims have the right to feel heard and to be treated properly. Revictimization is a concept too often ignored, yet many victims of crime feel revictimized when their rights aren’t respected or when they feel like they don’t have a voice.

Bill S-265 is a much-needed initiative to guarantee them independent representation within our institutions, and to offer them the support they need to rebuild their lives after being the victim of an indictable offence. I ask you to support this important measure to ensure justice and to support the well-being of victims of crime in Canada.

Honourable senators, the bill includes a third and final part, which is an ambitious implementation framework designed to ensure the enforceability of the new provisions set out in this bill and of the bill of rights itself.

Since its coming into force in 2015, I have lamented the fact that the bill of rights is more symbolic in nature given that its provisions are, unfortunately, not often enforced. Worse yet, often they aren’t upheld.

I often receive sad accounts from victims of crime who are discouraged by the lack of information they should be receiving about their cases or by the lack of consideration and respect for their rights when they want to take part in the trials.

Still today, victims and their loved ones have little recourse to defend their rights. So, to change things and relieve the pain of these victims and victims’ families, I decided to propose in this bill an implementation framework to chart a path to promoting compliance with the provisions of the Canadian Victims Bill of Rights.

This implementation framework includes nine points and many essential elements. First, it provides for mechanisms to assess victims’ access to support services and to guarantee that their rights are respected under the Canadian Victims Bill of Rights.

Second, it establishes the legal remedies available to victims when their rights aren’t respected. This framework also determines the minimum standards for support services for victims, including legal, social, medical and psychological assistance. It also institutes a national awareness campaign to inform Canadians of their rights as victims of crime. Finally, it strengthens victims’ participation in the criminal justice system, improves the parole process in their favour and determines the federal legislative process necessary to implement these rights.

In summary, this implementation framework seeks to guarantee better access to services for victims, strengthen their rights, raise public awareness of these issues and offer victims recourse if their rights are violated, all while improving their participation in the criminal justice system.

I’d like to tell you about how the family of one victim supports this bill. Darlene Ryan and Bruno Serre lost their 17-year-old daughter when she was brutally stabbed 72 times with a knife 17 years ago. They said, and I quote:

In order for victims and their families to have a strong voice and to be adequately represented in the justice system, they must be able to rely on robust rights that provide those assurances. The Canadian Victims Bill of Rights must continue to evolve and must be improved to strengthen its use, and to ensure that all federal institutions that must comply with it, and with which victims and their loved ones interact, have the unwavering duty to comply with it.

Honourable senators, this speech marks the end of a long and sustained battle I’ve been waging in the Senate for nearly 14 years to advance the cause of respect for the rights of victims of crime. Bill S-265, which I have outlined for you today, is the next step in my mission and my commitment to victims and their families by improving the Canadian Victims Bill of Rights.

The importance of this bill cannot be underestimated. We need to ensure independent representation and consistent support for victims of crime within our federal institutions. Too many victims and their families have been neglected, their rights have been ignored and their suffering has been cruelly minimized. Victims’ families have gone through unimaginable and unspeakable hardships, and it is our duty to provide them with the respect, compassion and justice they deserve by providing them with a robust bill of rights that they can rely on.

I would like to emphasize, once again, how difficult it is for victims’ families to overcome the challenges that stand in their way, particularly at a time when they are coping with appalling tragedies. The criminal justice system is complex, often impersonal and indifferent to the suffering they have endured. That is why this bill is essential and fundamentally important to these families.

Bill S-265 seeks to restore balance by ensuring that victims’ rights are respected, their voices are heard and their suffering is recognized.

Colleagues, we have the opportunity to send them a clear, sensitive and compassionate message by passing Bill S-265. I am confident that you will join your voice with mine and take advantage of this opportunity.

I would like to read you the statement Heidi Illingworth made when she attended our press conference:

[English]

As Ombuds, I found that the implementation of the CVBR was sporadic and inconsistent and that the situation of victims of crime had not fundamentally changed since it was passed. Training opportunities for criminal justice officials were limited, and there was no public education effort to inform citizens of their rights.

The proposed legislation sets out a clear framework for implementation by the Minister in consultation with provinces and those with responsibility for the administration of justice and other stakeholders. This is welcomed.

[Translation]

Passing this bill is a decisive step in finally making the provisions of the Canadian Victims Bill of Rights enforceable, because this bill of rights has remained purely symbolic since its creation in 2015. This implementation framework proposes assessment mechanisms, remedies, minimum standards of support, a public awareness campaign and increased victim participation in the criminal justice system. This bill represents real change, the promise of justice for victims of crime.

Honourable senators, I have to mention that this will probably be one of my final speeches in the Senate. The knowledge that my last big fight in this place involves a cause as noble as giving a voice to victims of crime fills me with pride. When I was appointed to the Senate, that was my commitment and my daughter Julie’s legacy. As I leave this place, I will maintain that commitment and try to fulfill it elsewhere in a different way.

I leave with you this bill, which is an important part of my legacy and my commitment to supporting victims. I urge every one of you to recognize its importance, to support and pass it so that Canadian victims of crime will finally know that they are not alone, that they have rights and that they deserve all the justice and respect that our society can, and must, give them.

In closing, honourable senators, I ask you to vote for Bill S-265 not only because you are legislators, but as an act of compassion for those who have suffered so much. It is our duty to victims of crime and to justice itself.

That is the legacy I leave behind. It is now yours to build on. Thank you.