First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
SENATE OF CANADA |
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
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FIRST READING, May 17, 2023
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THE HONOURABLE SENATOR BOISVENU |
This enactment establishes the Office of the Federal Ombudsperson for Victims of Crime, sets out the Ombudsperson’s powers, duties and functions and makes consequential amendments to certain acts. It also amends the Canadian Victims Bill of Rights to enhance some of the rights granted to victims of crime and establishes a framework for implementing those rights.
Available on the Senate of Canada website at the following address: www.sencanada.ca/en |
Enactment
Preamble
Federal Ombudsperson for Victims of Crime Act
Definitions
Office
Federal Ombudsperson for Victims of Crime
Absence or incapacity of Ombudsperson
Remuneration and expenses
Chief executive officer
Employees
Powers, duties and functions
Restrictions
Refusal to review complaint
Powers of the Ombudsperson
Other review
Report — complaint
Activity report
Continuation of term of office — Ombudsperson
Continuation of employment — employees
Amendment
Access to Information Act
Financial Administration Act
Amendments
Training
Development
Tabling in Parliament
Report
Order in council
1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
SENATE OF CANADA |
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 |
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Whereas the Federal Ombudsperson for Victims of Crime has existed since 2007 as a special adviser to the Minister of Justice;
Whereas the Canadian Victims Bill of Rights, adopted in 2015, gave the Ombudsperson the mandate to review complaints against a federal department, agency or body regarding any federal service or program offered to victims of crime;
Whereas Parliament recognizes that, given the Ombudsperson’s evolving responsibilities, the position should report to Parliament;
And whereas it is desirable to create, in law, the Office of the Federal Ombudsperson for Victims of Crime and to set out the Ombudsperson’s powers, duties and functions;
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Minister means the Minister of Justice. (ministre)
Ombudsperson means the Federal Ombudsperson for Victims of Crime appointed under subsection 4(1). (ombudsman)
(a) facilitates access to federal services and programs offered to victims of crime by providing them with information and referral services;
(b) reviews complaints against a federal department, agency or body regarding any federal program or service offered to victims of crime;
(c) reviews Acts of Parliament and Government of Canada policies relating to victims of crime and federal services and programs offered to them;
(d) directs victims of crime to the services and programs offered in their community or province;
(e) implements education and information programs for the appropriate authorities in the criminal justice system and for other interested parties to enhance their understanding of victims’ needs and concerns and of the applicable legislation, including the Canadian Victims Bill of Rights;
(f) identifies issues that have a negative effect on victims of crime; and
(g) makes recommendations to the Minister to bring about positive changes for victims of crime.
(a) a recommendation of the Correctional Service of Canada to the Parole Board of Canada or to a provincial parole board;
(b) a decision of the Parole Board of Canada or of a provincial parole board; or
(c) a decision of the Correctional Service of Canada concerning a transfer or an authority to release from detention, including a work release or a temporary absence with or without escort.
(a) summoning and enforcing the appearance of any person that the Ombudsperson believes can provide information concerning the complaint, compelling them to give oral or written evidence on oath, and administering oaths;
(b) requiring any person to produce any information that the Ombudsperson believes the person is able to produce in relation to the complaint and to produce any document or thing that the Ombudsperson believes relates to the review of the complaint and that may be in the possession or under the control of that person; and
(c) making copies of any document or examining any thing produced in accordance with paragraph (b).
2 The person who, on the day immediately before the coming into force of section 3 of the Federal Ombudsperson for Victims of Crime Act, held the position of special adviser to the Minister known as the Federal Ombudsperson for Victims of Crime, is deemed to have been appointed under subsection 4(1) of that Act for the remainder of their term in office.
3 Nothing in this Act affects the status of any employee who, immediately before the day on which this section comes into force, occupied a position in the Department of Justice with the special adviser to the Minister known as the Federal Ombudsperson for Victims of Crime, except that the employee, as of the day on which this section comes into force, occupies the position in the Office of the Federal Ombudsperson for Victims of Crime established under section 3 of the Federal Ombudsperson for Victims of Crime Act.
2015, c. 13, s.2
R.S., c. A-1
Office of the Federal Ombudsperson for Victims of Crime
Bureau de l’ombudsman fédéral des victimes d’actes criminels
End of inserted blockR.S., c. F-11
Office of the Federal Ombudsperson for Victims of Crime
Bureau de l’ombudsman fédéral des victimes d’actes criminels
End of inserted blockand a corresponding reference in column II to “Minister of Justice”.
Office of the Federal Ombudsperson for Victims of Crime
Bureau de l’ombudsman fédéral des victimes d’actes criminels
End of inserted blockOffice of the Federal Ombudsperson for Victims of Crime
Bureau de l’ombudsman fédéral des victimes d’actes criminels
End of inserted blockand a corresponding reference in column II to “Federal Ombudsperson for Victims of Crime”.
2015, c. 13, s. 2
(a) have access to restorative justice programs; and
End of inserted blockInsertion start (b) Insertion end have the court consider making a restitution order against the offender.
(d.1) abrogate or derogate from the rights of victims to access to justice and to procedural fairness in the administration of the criminal justice system; or
End of inserted block(a) within three months after the date on which their employment begins; and
(b) at least every three years after that date.
End of inserted block18 Every authority in the criminal justice system within the legislative authority of Parliament must ensure that every person whose employment began before the day on which section 17 comes into force who plays a role in implementing the rights of victims of crime receives the training provided for in this section no later than one year after the day on which it comes into force.
(a) the mechanisms for assessing the availability of assistance services for victims of crime and the implementation and upholding of the rights under sections 6 to 8 of the Canadian Victims Bill of Rights;
(b) the remedies available to victims of crime to obtain reparations when their rights under this Act are not upheld;
(c) minimum standards for support and assistance services for victims of crime, including legal, social, medical and psychological services;
(d) a national public awareness campaign to inform Canadians of their rights as victims of crime;
(e) mechanisms to strengthen the participation of victims of crime in the criminal justice system;
(f) mechanisms to make the parole process more conducive to the participation of victims of crime and their families;
(g) mechanisms to enable victims of crime to be heard by the appropriate authorities in the criminal justice system during sentencing and consideration of an application for parole; and
(h) every legislative amendment within the legislative authority of Parliament that, in the opinion of the Minister, is necessary for implementing the rights under this Act or the implementation framework.
(a) an assessment of the effectiveness of the components of the implementation framework; and
(b) any findings or recommendations of the Minister regarding the implementation framework.
22 (1) Subject to subsection (2), sections 1 to 8 come into force on a day to be fixed by order of the Governor in Council.
(2) No order may be made under subsection (1) unless the appropriation of moneys for the purposes of the Federal Ombudsperson for Victims of Crime Act has been recommended by the Governor General and the moneys have been appropriated by Parliament.
(3) Section 17 comes into force one year after the day on which this Act receives royal assent.
(4) If section 4 comes into force on the same day as section 16, section 16 is deemed never to have come into force and is repealed.
Published under authority of the Senate of Canada
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(2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body.
6 Every victim has the right, on request, to information about
7 Every victim has the right, on request, to information about
8 Every victim has the right, on request, to information about
16 Every victim has the right to have the court consider making a restitution order against the offender.
20 This Act is to be construed and applied in a manner that is reasonable in the circumstances, and in a manner that is not likely to
. . .
(d) endanger the life or safety of any individual; or
(2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body.