Hon. Diane Bellemare: Would Senator Moncion take a question?

The Hon. the Speaker pro tempore: Senator Bellemare, you have a question?

Hon. Lucie Moncion: Honourable senators, I rise today as the critic for 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.

[English]

From the outset, I must be transparent and express that I will be a friendly critic because, upon initial review of the legislation, I believe this bill has a real chance of improving the life of victims in Canada and should, therefore, be thoroughly studied in committee.

I would also like to thank my dear colleague and sponsor of this bill, Senator Boisvenu, for his hard work and dedication to finding solutions to improve the situations of victims of crimes in Canada.

In this speech I will first summarize the four main parts of the bill. Second, I will propose an analysis highlighting certain elements that will require further study by the Standing Senate Committee on Legal and Constitutional Affairs.

I think we can all support the objectives behind Senator Boisvenu’s bill, which is to take steps to improve the lives of victims of crimes in Canada. This is a laudable and timely objective, almost 10 years after the Canadian Victims Bill of Rights came into force.

[Translation]

Although victims are directly affected by crime, our justice system often confines them to the role of observer. The Minister of Justice recognizes that victims often feel revictimized and supports the need for major changes to better defend their rights.

[English]

Individuals who have fallen victim to criminal acts have historically been marginalized and overlooked within our criminal justice system.

However, criminal acts impose a significant toll on both victims and society at large. Governments must provide customized solutions and extend personalized supports to victims, treating them with compassion, respect and dignity.

Governments occasionally exhibit a lax approach when jurisdiction is shared. It could be presumed that this has impeded advancements in the realm of victims’ rights throughout the history of criminal law in Canada.

Undoubtedly, criminal justice is a shared responsibility among the federal, provincial and territorial governments. As a result, within defined limits, the federal government possesses the authority to implement measures aimed at safeguarding and assisting victims of criminal acts.

The committee’s study would assess the constitutionality of the bill, ensuring alignment with the areas of jurisdiction outlined in the Constitution Act, 1867 and pertinent jurisprudence.

In practical terms, what is the purpose of Bill S-265? It aims to enhance the rights and support for victims of criminal acts in Canada by establishing an independent body, the ombudsman, and expanding and strengthening victims’ rights.

[Translation]

More specifically, the first part of the bill enacts the Federal Ombudsperson for Victims of Crime Act. This act creates the Office of the Federal Ombudsperson for Victims of Crime and defines the powers, duties and restrictions of this new entity. It also specifies the ombudsperson’s missions, including victim support, complaint assessment and recommendations.

The second part of the bill amends the Canadian Victims Bill of Rights to strengthen the rights of victims of crime, particularly with regard to access to information, investigations and proceedings, and rights to information about the offender or accused. The amendments to the Canadian Victims Bill of Rights also broaden the scope of the right to compensation and support for the enforcement of reparation orders.

Part 3 requires the Minister of Justice to create an implementation framework specifying how the rights of victims of crime guaranteed under the Canadian Victims Bill of Rights will be implemented and respected. The implementation framework covers a variety of aspects, such as the assessment of availability of services, the remedies available when rights are not upheld, the minimum standards for support services, a public awareness campaign and mechanisms to strengthen victims’ participation in the criminal justice system. The framework also requires the Minister of Justice to consult with the representatives of the provincial governments who are responsible for the administration of justice in their respective provinces and other relevant stakeholders.

Finally, Part 4 specifies that the coming into force of the act will be done by order-in-council. Sections 1 to 8, which have to do with the creation of the Office of the Federal Ombudsman, depend on a recommendation by the Governor General regarding the appropriation of funds for the implementation of the Federal Ombudsperson for Victims of Crime Act, and on the appropriation of funds by Parliament.

Allow me to make a few observations on the position of Federal Ombudsman for Victims of Crime.

At present, the ombudsman is appointed by the Governor-in-Council for a renewable three-year term. He reports to the Department of Justice. The ombudsman is also required to report on his activities in an annual report tabled in Parliament.

The purpose of Senator Boisvenu’s proposal is to confer on the Office of the Federal Ombudsperson for Victims of Crime the status of an independent legal entity, directly accountable to the Canadian Parliament, rather than maintaining it as a departmental program under the authority of the Department of Justice Canada.

As Senator Boisvenu pointed out in his speech, there are several advantages to this approach.

An independent body can play a crucial role in protecting victims’ rights by providing an impartial mechanism for dealing with complaints and recommending improvements. As an independent entity, an officer of Parliament enjoys autonomy from government departments and agencies, which reinforces its impartiality and promotes greater transparency.

Equally, the notions of independence and impartiality reinforce his or her legitimacy as an agent of change in the criminal justice system.

The submission of an annual report by this entity could also help to raise awareness among the public and political decision-makers of the specific issues that victims may face in the criminal justice system, and the formulation of recommendations could inform necessary reforms in the criminal justice field.

In the Standing Committee on Justice and Human Rights’ 2022 report entitled Improving Support for Victims of Crime, the committee highlights the testimony of Heidi Illingworth, former federal ombudsman for victims of crime. Ms. Illingworth points out that the office’s limited financial resources and small number of full-time employees significantly hinder its ability to carry out its missions effectively.

[English]

Ms. Illingworth further specified that these constraints primarily manifest in the reduction of the number of systemic investigations the office can undertake and its capacity to address emerging issues. Additionally, multiple witnesses have underscored the imperative of ensuring adequate funding for the ombudsman’s office so that it can fully fulfill its mandate.

Will the creation of a distinct and independent office genuinely lead to an improvement in the situation of victims of criminal acts, or are the inefficiencies and shortcomings in implementing the Canadian Victims Bill of Rights solely attributable to a lack of resources and funding?

It will be crucial for the committee’s study to delve into this matter, gaining a better understanding of the funding requirements for the proposed entity compared to an internal department within the ministry of justice. This inquiry aims to precisely identify the sources of the issues at hand.

Although the coming-into-force provision requires an appropriation of monies by Parliament for the creation of this entity, the question remains as to whether independence will make a real difference in a context of inadequate resources.

[Translation]

I’d now like to turn to the proposed amendments to the Canadian Victims Bill of Rights.

It’s interesting to note that Senator Boisvenu sponsored Bill C-32, which enacted the Canadian Victims Bill of Rights. He therefore has the knowledge and legitimacy to propose improvements to this legal tool. The bill received Royal Assent on April 23, 2015, and at the time represented a significant step forward for victims in Canada.

In terms of amendments to the bill of rights, Bill S-265 proposes to replace the “right to restitution” with the “right to reparation,” reinforcing the concept of compensation granted to victims. This proposal seems useful and appropriate, but the impact of this amendment will obviously have to be studied in committee.

The bill also includes a new provision to ensure that victims receive support in the event of non-compliance with a restitution order. It was suggested in the other place’s committee study that we should, and I quote,

 . . . examine best practices implemented in other provinces with respect to victim support for restitution, with a view to replicating these initiatives elsewhere.

Heidi Illingworth noted that some provinces, such as Saskatchewan, Nova Scotia and British Columbia, already have successful programs in place to help victims with the enforcement of restitution orders. The committee responsible for studying Bill S-265 should conduct a comparative analysis to identify best practices for enforcing restitution orders in the various provinces and territories. This approach is also consistent with recommendation 13 in the report of the House of Commons Standing Committee on Justice and Human Rights, which calls for the following, and I quote:

That the Department of Justice work with the provinces and territories to agree on effective means to assist victims in the enforcement of restitution orders.

With regard to the framework for implementing the rights of victims of crime, as Senator Boisvenu pointed out in his speech at second reading, echoing the words of Heidi Illingworth, since the Canadian Victims Bill of Rights was passed, its implementation has been sporadic and inconsistent.

In her progress report, published in November 2020, the former ombudsman noted that “the adoption of a law in the books is different from its implementation in action.”

In this report, she highlighted, in particular, the limitations of training for criminal justice system officials and the lack of initiatives to inform citizens of their rights.

The creation of an implementation framework seeks to remedy that problem by giving concrete meaning to the legislation. Again, consultations with the provincial governments and other stakeholders, as proposed in the bill, reinforce the collaborative approach that is needed for significant change.

[English]

I congratulate Senator Boisvenu for his work in developing this bill. As you can attest throughout my speech, his proposals are based on the recommendations made by the Justice Committee of the other place in its report Improving Support for Victims of Crime, as well as on the recommendation of Ms. Heidi Illingworth, who has in-depth knowledge of the legal regime governing victims’ rights in Canada.

I note, however, that the bill is silent on the question of the evidence required to assess needs. In her 2020 report, Heidi Illingworth explicitly recommended the collection of such data to better understand the needs and gaps in support for victims of crime. In her report, she makes the following recommendation:

Collect nationally consistent data on the treatment of victims in the criminal justice system and report on it publicly. Data indicators should align with the rights enumerated in the Canadian Victims Bill of Rights so that this information can be tracked and measured to evaluate how rights are being upheld across all jurisdictions. The Department of Justice should consider the creation of a Task Force on Victims’ Data that would bring together representatives of the Department of Justice with provincial and territorial attorneys general, academics and Statistics Canada in a national collaborative effort to achieve this goal.

She also expresses concern with the lack of consistent and usable data on how the criminal justice system treats victims. She wrote:

. . . While the Canadian Victims Bill of Rights clearly delineates victims’ legal rights, adequate provisions have not been made to require all officials to measure or record how and when they inform victims of their rights, or which rights victims exercise or when. Without this information, it is difficult to assess the effectiveness of systems. As well, we need data that can inform system improvements—not just administrative or internal data that never gets reviewed. This issue has been a concern of this Office since the Act was introduced.

I hope the committee will thoroughly consider including a provision for data collection in the bill as it is essential to assess the divergent treatment of victims and its broader impact on specific groups and our society. I would like to emphasize the importance of exploring how the bill could more effectively address specific issues, including those related to missing and murdered Indigenous women, as well as other concerns involving structural aspects of systemic discrimination.

I encourage you, colleagues, to promptly refer this bill to the Standing Senate Committee on Legal and Constitutional Affairs. It should be studied diligently with due regard for the compassion, respect and dignity of victims of criminal acts in Canada.

[Translation]

I would like to conclude my speech by acknowledging Senator Boisvenu’s outstanding contributions to Canadian legislation and the criminal justice system. Senator Boisvenu has devoted his career in the Senate to being the voice of an under-represented group: victims of crime. He embraced that mission with dedication, passion and compassion. Senator Boisvenu turned a life-changing personal tragedy into a force for good, seizing every opportunity to transform adversity into progress for Canadian society.

Senator Boisvenu’s remarkable contributions will continue to guide future reforms towards a fairer, more victim-friendly criminal justice system.

The senator is not here, but I have a message for him nonetheless: Dear colleague, thank you for your endless dedication and congratulations on your impressive career. I wish you the best for the next chapter. Colleagues, thank you for listening.

Hon. Senators: Hear, hear!

Hon. Bernadette Clement: Your Honour, I thank Senator Boisvenu for that moving speech, a tribute to his daughter, Julie.

(On motion of Senator Clement, debate adjourned.)

[English]

Hon. Senators: Hear, hear!

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.

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Boisvenu, bill placed on the Orders of the Day for second reading two days hence.)

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Boisvenu, bill placed on the Orders of the Day for second reading two days hence.)

Hon. Pierre-Hugues Boisvenu introduced 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.

(Bill read first time.)