Question Period Note: Declaration of Victims’ Rights (Bill C-77 Implementation)

Why does this Government only provide lip service to victims, failing to implement the Declaration of Victims’ Rights as instructed by Parliament?

• The Declaration of Victims’ Rights is essential to protecting victims and survivors of sexual misconduct in the military.
• That is why National Defence is working to fully implement the Declaration of Victims’ Rights in 2022.
• As part of our ongoing implementation work, we have recently completed broad stakeholder consultations.
• We are using this input to build the policy framework and training curriculums required to effectively implement the Declaration.
• The Declaration will provide victims of sexual misconduct with the right to information and participation in the investigation process.
• It will also provide victims with the right to protection from retaliation measures, and the right to restitution.
• The Declaration of Victims’ Rights is part of the long-lasting reforms that will contribute to a healthier, safer, and more inclusive military.

Quick Facts

The Declaration of Victims’ Rights will:
* Give victims of service offences rights to information, protection, participation, and restitution;
* Provide for the appointment of a Victim Liaison Officer; and
* Provides for a complaint mechanism.

Stakeholder Consultations:

• 16 external and 7 internal organizations;
• Two online surveys and a public feedback page to consult with victims.

Background

• Bill C-77, which received Royal ascent in June 2019, introduces the Declaration of Victims’ Rights to the existing Code of Service Discipline. The Declaration of Victims’ Rights will establish clear statutory rights to victims of service offences. The Bill will also reform the summary trial process to a non-penal, non-criminal summary hearing process.
• Several aspects of the bill have already been implemented, including:
  • Considering the circumstances of Indigenous offenders in the determination of the appropriate sentence and punishments;
  • Ensuring sentencing takes into account whether service offences were motivated by bias, prejudice, or hate based on gender identity or expression; and,
  • Clarifying the circumstances where a person convicted of minor service offences and sentenced to certain punishments (severe reprimand, reprimand, a fine not exceeding basic pay for one month, minor punishments) will not have a criminal record.
• The Canadian Armed Forces conducted wide stakeholder consultations to build the regulatory framework necessary to fully implement Bill C-77. To date, National Defence has consulted or engaged with over 16 different external organisations and 7 internal organisations.
• The Canadian Armed Forces also conducted two online surveys to consult with victims and survivors of service offences through web platforms accessible internally and externally from the Department of National Defence and Canadian Armed Forces.
• A public feedback page is also available through the Victims and Survivors of Service Offences web page.

Responsible Principals: Judge Advocate General, Vice Chief of the Defence Staff

Judge Advocate General, Vice Chief of the Defence Staff