The Voice of Victims of Crime

The Minister of Justice today tabled amendments to the Criminal Code that will strengthen the voice of victims of crime in the criminal justice system, and increase the resources that the provinces and territories have to deliver services to victims.

The amendments respond to unanimous recommendations of the all-party report of the House of Commons Standing Committee on Justice and Human Rights -- Victims' Rights: A Voice Not A Veto. And it also goes further by responding to concerns raised by the provinces, territories and victims groups.

Altogether, they demonstrate the government's clear commitment to ensuring that the views and concerns of victims are considered -- especially on issues bearing on their safety, security and privacy.

The amendments are part of an overall strategy to respond to the needs of victims of crime. The strategy includes the creation a Policy Centre for Victims of Crime - whose mandate is to ensure that federal legislation is sensitive to victims' needs

This sensitivity was clearly reflected in the new Youth Criminal Justice Act -- where the important role of victims was acknowledged in the principles of federal legislation for the first time.

Highlights

The Victims Surcharge

The victims surcharge - an additional penalty levied on offenders at the time of sentencing and which is used to furnish services to victims - will be made automatically to ensure that it is applied consistently.

The revenue generated by the surcharge will be increased by providing for mandatory minimum penalties:

• 15% of any fine;
• if no fine is imposed -- $50 on summary conviction cases and $100 on offences punishable by an indictment; and,
• giving judges the discretion to impose an increased surcharge in appropriate cases.

Victim Impact Statements

A judge's discretion with respect to allowing victims to read their impact statement will be removed. All victims will be allowed to read an impact statement if they so choose.

Judges will be required to make sure -- before sentencing -- that a victim has been informed of his or her right to prepare and read an impact statement.

Adjournments will be authorized to give victims time to prepare their statement, or to submit other evidence to the court about the impact of a crime.

Both oral and written presentations will be permitted for victims appearing at proceedings to determine whether an offender sentenced to life in prison should have their parole eligibility reduced (Section 745 hearings)

Bail Decisions

Judges will be required to consider any special bail conditions necessary to ensure the safety and security of victims -- including prohibitions on firearms and against direct or indirect communication.

Facilitating Testimony

Victims of sexual or violent crime up to 18 years of age will be allowed protection against direct cross-examination by a self-represented accused. The court will appoint counsel for such examinations.

Victims or witnesses with a mental or physical disability will be allowed to have a support person present while giving testimony.

Publication of the identity of victims or witnesses giving testimony can be banned where a judge deems it necessary to the proper administration of justice.