Question Period Note: Federal Ombudsman for Victims of Crime Progress Report on the Canadian Victims Bill of Rights

The Federal Ombudsman for Victims of Crime’s Progress Report on the Canadian Victims Bill of Rights, released on November 25, 2020, calls for the launch of the five year Parliamentary Review of the Bill.

• Supporting victims and survivors of crime and giving victims a more effective voice in the criminal justice system is a commitment the Government of Canada takes very seriously.
• The Office of the Federal Ombudsman for Victims of Crime does vital work to empower victims of crime and promote greater access to justice, and we welcome her progress report on the Canadian Victims Bill of Rights.
• The Government of Canada will continue to take steps toward creating a criminal justice system that treats victims and survivors of crime with courtesy, compassion and respect.
• This includes ongoing implementation of the Canadian Victims Bill of Rights at the federal, provincial, and territorial levels, with support provided through the Justice Canada Victims Fund for implementation projects, as well as support through continued policy, awareness raising, and coordination efforts to further implementation.

On Wednesday, November 25, 2020, the Federal Ombudsman for Victims of Crime released its Progress Report: The Canadian Victims Bill of Right. The Office of the Federal Ombudsman for Victims of Crime’s progress report provides a review of each specific area of rights as set out under the Canadian Victims Bill of Rights (CVBR), including the right to: information, protection, participation, to seek restitution, and to file a complaint regarding a federal department or agency. The report provides commentary on how these rights are currently being met with regards to six main points of contact throughout the criminal justice process, including: police, Crowns, courts, review boards for special sentencing, Correctional Services Canada, and the Parole Board of Canada. The Ombudsman has made a public call requesting that the Parliamentary Review provided for in the CVBR be undertaken.

On November 28, 2020, La Presse reported criticism by Sénateur Pierre Hugues-Boisvenu that the Government has not prioritized victims and survivors of crime since the Conservative Government adopted the CVBR and that their rights have actually backtracked.

OFOVC Progress Report and Recommendations on the CVBR
The progress report contains 15 recommendations with regards to various victims’ rights issues. Several of the recommendations raise numerous issues with regards to the mandate and authority of the federal government and the Department of Justice Canada, the existing structure of the Canadian criminial justice system as well as the constitutional division of powers and areas of provincial and territorial jurisdiction.

Canadian Victims Bill of Rights
The CVBR, which came into force on July 23, 2015, established statutory rights in four areas for victims of crime. Victims have the right to information, protection, participation, and to seek restitution. They can also make a complaint if they believe their rights have been infringed or denied. The CVBR creates a complaints/remedial regime for any alleged breach of a victim’s rights under the CVBR (section 25). The clear legislative intent reflected in the CVBR is that victims must first seek recourse from the department, agency or body which it is alleged has infringed or denied a right. These entities are best placed to determine whether a breach occurred and how it should be remedied within their operational mandate. Subsection 25(2) of the CVBR provides that a second level review can be brought to a body who has jurisdiction over the department or agency in question. The Federal Ombudsman for Victims of Crime is able to provide a second level of review for complaints of alleged rights infringements under the CVBR, although this is not specifically referenced in the Act.

Since the CVBR’s enactment, the Department of Justice has supported its implementation through web-based information about victims' rights, testimonial aids, publication bans, victim or community impact statements, restitution and other information about the criminal justice system for victims of crime. The Department has also provided training to victim service providers and other criminal justice system professionals on the Act.

Funding has been made available through Justice Canada’s Victims Fund to provincial and territorial governments and nongovernmental organizations beginning in 2015 to assist with the implementation of the CVBR and related Criminal Code amendments. Since 2015, the Victims Fund has committed $11.75M to support the implementation of the CVBR in 12 jurisdictions (all with the exception of Nunavut).

Justice Canada’s Policy Centre for Victims of Crime chairs the FPT Victims of Crime Working Group which includes all the provincial/territorial directors of Victim Services. The implementation of the CVBR is included as a standing discussion item on the Working Group’s in-person meetings and conference calls.

Parliamentary Review
Section 2.1 of the CVBR provides that, five years after coming into force, a designated parliamentary committee may undertake a review of the CVBR. As such, the responsibility for initiating any review rests with Parliament, which operates independently of the Government. As such, in order for this review to take place, a parliamentary committee must adopt as part of its working mandate the review of the CVBR.

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