OTTAWA — Renewed for another three-year term Monday, Canada’s ombudsman for victims of crime has unveiled a wish list for the new Victims’ Bill of Rights that could include enhanced powers for her office.
In a 33-page report submitted to Justice Minister Rob Nicholson — the same day he told her she would be keeping her job for another term — Sue O’Sullivan said the bill must be “fulsome,” “encompassing” and ultimately “enforceable” and “enshrined in law.” Given her office’s role in addressing victims’ complaints, she added it may be the “appropriate office” to oversee its implementation and enforcement.
“Right now in Canada, the rights for victims of crime are generally not enforceable, so essentially a large part of the victims treatment is policy,” O’Sullivan said in an interview. “Without enforceable rights, there’s no real mechanism to ensure that victims are treated with respect within the criminal justice system.”
According to the report, victims who feel their rights aren’t being respected can now complain to the federal department or agency responsible. Failing a resolution, they can complain to the ombudsman. But O’Sullivan’s office can’t “compel” departments to produce documentation, nor can it enter into “binding agreements” to address complaints.
The government announced the creation of a victims’ bill of rights in February — about a year after O’Sullivan called for it in her first official report. A consultation process to determine what should be in the bill was launched in April. Consultations conclude at the end of the month and legislation is expected to follow.
The report suggests the organization or organizations tasked with overseeing the bill need powers of investigation and correction that are “clearly defined” in legislation. “Alternatively, or additionally, the head of that organization could be conferred the powers of a commissioner,” the report concluded.
Among the 29 recommendations contained in her report is the right for victims to be able to review a decision not to prosecute an accused, the right to a recent photo of the offender at the time of their release from prison and the right for victims to have a say in plea bargain agreements.
Just as accused persons are read their rights upon arrest, the report suggests victims be informed of their rights when first contacted by police — something already happening in California.
While many social services for victims such as counselling and administrative support are of provincial jurisdiction, the report calls for a “nationally consistent minimum standard of care” for victims across Canada, including for those victimized abroad and those involved in “not criminally responsible” cases whereby the offender is remanded to a psychiatric institution instead of a correctional facility.
It also calls for a national standard for death notification and that certain information — such as the offender’s name, the penitentiary in which they’re incarcerated, the length of their sentence, their parole eligibility dates, participation in rehabilitation programs, as well as advance notice of any prison transfer or parole hearing — be provided automatically to victims who request it.
The legislation, said the report, should also make it incumbent on law-enforcement agencies to forward victim contact information to corrections upon sentencing so those who wish to stay apprised of the offender’s status can be so informed. Victims must now register to get that information and many aren’t aware of the requirement until it’s too late.
“Current federal privacy regulations make it impossible to proactively reach out to the victim at a later point,” the report noted. “By proactively providing this information, it would remove the burden on victims of having to be aware of the need to register and of the need to initiate contact.”
The Victims’ Bill of Rights should also include the right to be notified of parole and review board decisions, the right to be consulted by Crown prosecutors and the right to free legal representation to fight for their rights in court should they be denied, the report said.
It also calls on the federal government to extend employment insurance benefits to all victims, not just parents of missing and murdered children, as is currently the case, and that employers be prevented from “firing or reprimanding a victim for taking time off to participate in the criminal justice process.”
The recommendations draw on a variety of sources, including her office’s own contact with victims, a forum on victims rights held in April and the 2003 Canadian Statement of Basic Principles of Justice for Victims of Crime. The ombudsman’s office also looked at the U.S. Crime Victims’ Rights Act, which was adopted in 2004, and a European directive on victims’ rights adopted last year.
tcohen@postmedia.com
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