VICTIMS IN THE CRIMINAL JUSTICE SYSTEM: ISSUES PAPER PURPOSE The House of Commons Standing Committee on Justice and Human Rights is conducting a wide-ranging consultation with Canadians in all parts of the country on the place of victims in the criminal justice system. This Issues Paper is intended to be a point of departure for those who participate in this consultation. The purpose of this process is to allow Canadians to make submissions and recommendations to the Committee to be considered by it in reporting its findings and recommendations for change to the House of Commons. BACKGROUND In April 1997, the predecessor to this Committee tabled an interim report on the subject matter of Motion 168 (Victims Bill of Rights). In that report, the predecessor Committee undertook to conduct a national consultation on: the funding of victim-witness programs; the need for legislation to support victims and witnesses; the best means to deliver services throughout the country; and other related issues. This consultation is the fulfillment of that undertaking. As in many other areas of the criminal justice system, there is a jurisdictional division of responsibilities in relation to victims – the federal government is responsible for the criminal law, and the provinces are responsible for the administration of justice. Discussions of the issues set out in the paper have to bear in mind this jurisdictional division of responsibilities between the two orders of government. Parliament has adopted victim-related measures in the Criminal Code, the Corrections and Conditional Release Act, and the Young Offenders Act. The Criminal Code contains provisions dealing with: victim impact statements; victim fine surcharges; victim restitution and compensation; and witness accommodation in court in particular circumstances. The Corrections and Conditional Release Act allows for the provision of offender information to victims by the Correctional Service of Canada and the National Parole Board, and for the attendance of victims as observers at Board hearings. The Young Offenders Act, by incorporating the relevant parts of the Criminal Code, allows for the consideration of victim impact statements in Youth Court. All provinces and both territories have passed legislation, adopted policies, and/or put programs into place to deal with and provide for victims' rights, information provision, support or other services, and and/or victim compensation. The nature and extent of these initiatives varies from jurisdiction to jurisdiction. ISSUES FOR CONSIDERATION The following questions set out the issues about which the Committee would like to hear your views. This is not an exhaustive list – you are invited to make your opinions known on other issues you consider relevant to the place of victims in the criminal justice system, and the role of Parliament and the federal government. The questions follow:
Are the victims services programs in your community adequate? If not, why not? How do they have to be changed? Do they require more resources? |