Summary Report
National Victims Roundtables on the Right to Information in Federal Corrections and Conditional Release

February and July 2016

Executive Summary

Stemming from the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime, Federal-Provincial-Territorial (FPT) Ministers of Justice endorsed the Canadian Statement of Basic Principles of Justice for Victims of Crime in 1988 and again as revised in 2003 (see Appendix A).

As a means of strengthening the voice of victims within the criminal justice system (CJS), the National Office for Victims was created in 2005, the Federal Victims Strategy in 2006, and the Office of the Federal Ombudsman for Victims of Crime in 2007. Building on these initiatives, the 2013 Federal Speech from the Throne committed the Government to "restore victims to their rightful place at the heart of our justice system". This commitment is reflective of consultations undertaken by Ministers of Justice and Public Safety in 16 cities across Canada in the spring and fall of 2013, from which three key themes emanated: 1) the need for information about criminal justice processes, decisions and victim services; 2) enhanced protection measures for victims; and 3) the consideration of victim input by decision-makers.

Canada subsequently adopted Bill C-32, the Victims Bill of Rights Act which came into force on July 23, 2015, and by the same token enacted the Canadian Victims Bill of Rights (CVBR) and amendments to the Criminal Code, the Canada Evidence Act and the Corrections and Conditional Release Act (CCRA) on that same date. Additional amendments to the CCRA included in Bill C-32 came into force on June 1, 2016Note 1. The CCRA governs both the Correctional Service of Canada (CSC) and the Parole Board of Canada (PBC).

The CVBR enshrines four main rights for victims of crime that include the Right to information, protection, participation, and to seek restitution. This legislation further clarifies crime victim rights and roles within the CJS and promotes consistency in the interpretation and application of existing federal law (including but not limited to, the Charter of Rights and Freedoms, the Criminal Code, the CCRA and the Privacy Act). Moreover, all federal departments and agencies with responsibilities under the CVBR must have a complaints process in place to receive complaints from victims and resolve any breaches of a victim's rights.

CVBR Implementation

In line with its mandate as a central resource for the provision of information to victims of federal offenders, Public Safety's National Office for Victims (NOV) develops policy and provides information and support on victim issues specific to corrections and conditional release; coordinates the development of publications targeting federal crime victims; plays a liaison and coordination function amongst its Portfolio partners (CSC and PBC); and works collaboratively with provinces and territories to share information about existing services.

To support the CVBR implementation, the NOV has coordinated a series of discussions around victim rights in federal corrections and conditional release. The first stakeholder engagement on the Right to Information was conducted on February 9, 2016 to pilot the format with a small number of stakeholders. Following a pre-discussion questionnaire, roundtable discussions focused on how to better communicate the corrections and conditional release aspects of the CVBR. Participants were from the CSC, the PBC, Ontario, Quebec, and British Columbia Regional Victim Advisory Committees, Justice Canada, and Public Safety Canada.

A larger follow-up roundtable discussion was held on July 19, 2016. In advance of this roundtable, a pre-discussion questionnaire was circulated which targeted various victim services delivery agencies. In total, about ten organizations participated (see Appendix B for a summary of representation). The pre-discussion questionnaire was comprised questions intended to gage participants' awareness of the NOV's publications; an assessment of what information may be lacking; and how best to ensure that victims have the information they need, when they need it (see Appendix C for details).

Key Highlights

Roundtable discussions point to victims' need to better understand:

More specifically, respondents have indicated that:

Victim groups have provided a number of suggestions for building awareness, sharing information, and meeting the needs of federal crime victims. Work is underway to consider and respond to these suggestions. To build on what we have learned to date, the NOV plans to host a second Roundtable in 2017 to explore victim participation in federal corrections and conditional release.


Background

Stemming from the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime, Federal-Provincial-Territorial (FPT) Ministers of Justice endorsed the Canadian Statement of Basic Principles of Justice for Victims of Crime in 1988 and again as revised in 2003. The ten principles are the foundation of current procedures, policies, programs and legislation pertaining to crime victims and are intended to harmonize victim interests (see Appendix A).

Given the division of powers under the Constitution Act, 1867 and the Charter of Rights and Freedoms (Charter) (1982), law and policy as they apply to the Canadian Criminal Justice System (CJS) are shared between the Federal and Provincial-Territorial (FPT) governments. Generally speaking, the federal government is responsible for criminal law, for example, the Canadian Criminal Code (CCC) while the provinces and territories are responsible for the administration of justice.

More specifically, the federal government is also responsible for prosecutions under other federal statutes such as the Immigration and Refugee Protection Act (IRPA), the Controlled Drugs and Substances Act (CDSA), and the Crimes Against Humanity and War Crimes Act. The implementation of the Corrections and Conditional Release Act (CCRA) and the delivery of federal corrections (sentences of two years or more) fall within federal jurisdiction. Moreover, law enforcement and prosecution in the three northern territories are also a federal responsibility.

With respect to criminal justice, the provinces and territories are responsible for prisons and adult corrections involving sentences of less than two years. They are also responsible for the administration of youth justice programs and services under the federal Youth Criminal Justice Act (YCJA).

To this end, law, policy, and services with respect to victims are equally a shared FPT responsibility. Federally, statutory provisions for victims of crime are not written as "rights"; yet, the Supreme Court of CanadaNote 2 has held that under the Charter, victims do have rights to privacy, security, and equality. All provinces and territories have crime victim legislation; however, there is no uniform approach to victim services nationally. Rather, victim services are provided through a variety of measures across the country in an effort to address crime victims' often diverse needs.

In an effort to strengthen the voice of victims within the criminal justice system, the National Office for Victims was created in 2005, the Federal Victims Strategy in 2006, and the Office of the Federal Ombudsman for Victims of Crime in 2007. Building on these initiatives, the 2013 Federal Speech from the Throne committed the Government to "restore victims to their rightful place at the heart of our justice system". This commitment is reflective of consultations undertaken by Ministers of Justice and Public Safety in 16 cities across Canada in the spring and fall of 2013, from which three key themes emanated: 1) the need for information about criminal justice processes, decisions, and victim services; 2) enhanced protection measures for victims; and 3) the consideration of victim input by decision-makers.

Canada subsequently adopted Bill C-32, the Victims Bill of Rights Act which came into force on July 23, 2015, and by the same token enacted the Canadian Victims Bill of Rights (CVBR) and amendments to the CCC, the Canada Evidence Act and the CCRA on that same date. Additional amendments to the CCRA included in Bill C-32 came into force on June 1, 2016Note 3. The CVBR entrenches crime victim rights into law.

More specifically, the CVBR ensures four main rights for victims of crime:

  1. The Right to Information (see sections 6, 7 and 8):
    • general information about the criminal justice system;
    • specific information about the progress of a case (investigation, prosecution, sentencing, incarceration and conditional release of a convicted offender); and
    • information about available victim services.
  2. The Right to Protection (see sections 9 through 13):
    • security and privacy of the victim is to be considered at all stages of the CJS;
    • reasonable and necessary measure are to be taken to ensure that victims are protected from intimidation and/or retaliation; and
    • victim identities are to be safeguarded from public disclosure.
  3. The Right to Participation (see sections 14 and 15):
    • victims are entitled to have their views known and considered by CJS professionals across all stages of the system; and
    • they also have the right to present a victim impact statement at sentencing and to share a victim statement during hearings pertaining to an offenders conditional release into the community.
  4. The Right to Seek Restitution (see sections 16 and 17):
    • includes victims' right to have the court consider making a restitution order in cases involving offences for which financial losses are easily discernable; and
    • where restitution is not paid, the victim can have the restitution order entered as an enforceable civil court judgement against the offender.

CVBR rights must be applied in a reasonable manner so that they are not likely to interfere with investigations or prosecutions, endanger someone's life or safety, or injure national interests such as national security.

There are limits to the CVBR – the CVBR does not grant victims:

Importantly, the CVBR doesn't affect rights under the Charter. Rather, the CVBR may be regarded as an umbrella legislation that further clarifies crime victim rights and roles within the CJS and which promotes consistency in the interpretation and application of existing federal law (including but not limited to for example, the Charter, the CCC, the CCRA and the Privacy Act). Moreover, all federal departments and agencies with responsibilities under the CVBR must have a complaints process in place to receive complaints from victims and resolve any breaches of a victim's rights.

Complaints resolution mechanisms under the CVBR require that alleged infringements and/or a denial of rights are reviewed; where admissible, recommendations for remedy are made; outcomes of both review and recommendations are communicated in simple terms to complainants; and should the parties involved not be satisfied with the proposed remedy complaints they may file a complaint with the authority that has jurisdiction to review complaints for that department or agency (see CVBR section 25 for details). Section 26 outlines similar provisions in relation to provinces and territories whereby a victim who feels that their rights have been breached by a provincial or territorial department/or agency can seek redress in accordance with provincial-territorial legislation. Further details with respect to the complaints process can be found at: Victims' roles and rights in the criminal justice system.

The CVBR is subject to a 5 year Parliamentary Review. This will provide an opportunity to further investigate how the legislation has been applied; what is working well and what gaps persist and/or require amendment. In the meantime, the implementation of the CVBR is monitored which provides an opportunity to identify emerging issues as they arise and to work to address policy implications going forward.

CVBR Implementation

In line with its mandate as a central resource for the provision of information to victims of federal offenders, Public Safety's National Office for Victims (NOV) develops policy and provides information on victim issues specific to corrections and conditional release; coordinates the development of publications targeting federal crime victims; promotes awareness of victim services available through both the CSC and/or the PBC; and works collaboratively with provinces and territories to share information about existing services.

To support CVBR implementation, the NOV has coordinated a series of discussions around victim rights in the federal corrections and criminal justice system. These discussions centered first on the right to information and subsequently on the rights to participation and protection as outlined in the CVBR. The rights to protection and to restitution fall more specifically within the purview of the CSC and the PBC.

The first stakeholder engagement sessions on the Right to Information were piloted on February 9, 2016. Following a pre-discussion questionnaire, roundtable discussions focused on how to better communicate the corrections and conditional release aspects of the CVBR. Participants were comprised largely of representatives from the CSC, the PBC, Ontario, Quebec, and British Columbia Regional Victim Advisory Committees, a representative non-governmental organization (NGO), Justice Canada, and Public Safety Canada. Subsequently, a roundtable discussion was held on July 19, 2016 with a larger group of stakeholders using a similar format and incorporating lessons learned from the pilot session. In total, about ten organizations participated (see Appendix B for a summary of representation). The pre-discussion was comprised of questions intended to gage participants' awareness of the NOV's publications; an assessment of what information may be lacking; and how best to ensure that victims have the information they need, when they need it (see Appendix C for the list of questions).

Highlights

What follows is a more detailed synopsis of the perspectives shared by respondents at both the February 9, 2016 and the July 19, 2016 Roundtables. Findings are organized by key themes in accordance with the Roundtable questions as outlined in Appendix C.

Awareness of the NOV's Publications

NOTE: All publications produced by the NOV are provided to the general public free of charge and can be found online at:

Alternatively, copies can be ordered by email.

Relevance of CVBR Information within the Corrections and Conditional Release Context

The CVBR strives to balance the desire for more information about offenders that is common among some (but not all) victims and the offenders' rights to privacy and potential for successful rehabilitation and reintegration.

Although respondents indicated that the publications provide good information to victims within the corrections context, there is a need to simplify it. More specifically, respondents have asked for:

Information Requiring Added Emphasis

Means of Information Sharing with Victims

Responses are widely varied with regard to how best to communicate information to victims. Preferred means include printed materials (in a variety of languages); online resources (including static webpages that are simple and easy to navigate with links to victim services, support groups, and FPT government sites); live chats, podcasts, and social media; cable/radio; and presentations by dynamic speakers.

Although multiple channels should be used to disseminate information to victims, the majority of participants stated that victim service information, including victim rights under the CVBR and the various stages of the federal correctional process, should be summarized in short videos and shared via social media. This approach would extend the outreach to victims, as victim service organizations would be able to share the videos on their social media platforms. The audio/visual component would also help victims to better digest the information presented, including the elderly and those with disabilities. While creativity is important, participants also noted that information products should be available in various formats, including printed publications, in order to reach victims in remote communities who do not have access to social media.

It was further suggested that the reach of resource tools could be expanded through PDF's for print, as needed; and through the distribution of print materials at community events, in police stations, court houses, and in institutional waiting areas as well as by Health and Social Services, in schools, and in libraries. This is of course in addition to the provision of information by traditional front line victim service providers. With respect to the latter, respondents specified that it is imperative to ensure ongoing training for frontline staff as a means of ensuring an accurate portrayal of victim rights within the CJS context that goes beyond the services that their respective organizations/agencies provide. Means to do so could include workshops, webinars, and online training tools.

In the north in particular, a lack of Internet connection and emphasis on oral tradition requires that information be shared in person though conversation and dialogue and in some cases radio. It is important to realize that often, a trauma informed approach is needed since victims may not psychologically be in the best position to actively seek out or follow up on information needs and/or referrals. Further, historic distrust can impede receptivity to information available through the Royal Canadian Mounted Police (RCMP) detachments and even victim services that may be regarded as not culturally sensitive.

For all victims, it is important to keep in mind that relationship building and rapport are critical components to the flow of information. Dialogue needs to be ongoing and is not a one time, passive occurrence. Moreover, victims themselves can in some cases be homeless, be suffering from addictions and/or mental health issues, and/or have low literacy levels. This subset of the clientele may rely more heavily on word of mouth to obtain information. Regardless, given the vulnerability associated with victimization, the value of human contact and personalized care must be underscored.

Cultural Considerations in regards to CVBR Information Products

There are cultural considerations that should be considered in developing CVBR information products. Members of varied cultures should see themselves in the information products they may be inclined to use. These should be translated with requisite cultural sensitivity rather than literal translation whereby, the essence of the message can at times be lost. Information products (e.g., posters, pamphlets, fact sheets, videos, etc.) should further be developed in consultation with multi-cultural groups.

In addition to taking into account the infrastructure limitations common to small, remote communities and a likely preference for face-to-face communications, it is also important to remember that:

Culturally-Sensitive Outreach

Respondents provided a number of suggestions with respect to how culturally-sensitive outreach efforts could be undertaken to generate awareness about the CVBR within the context of corrections and conditional release.

Court workers, community justice workers, crisis counselors, and trained volunteers were primarily identified. However, respondents also pointed to the need for additional funding to support sharing circles and consultations with various cultural groups (e.g., faith based organizations, NGOs, Indigenous groups, and women's groups). Funding is further needed to facilitate the participation of those living in remote/isolated communities in available victim services. Aside from high travel costs which often preclude direct victim participation in proceedings, there is a persistent disconnect perceived between the north and the south, particularly with the latter's appreciation of cultural sensitivity as it relates to the dissemination of information and/or victim services.

Who to Consult

As one might expect, the list of individuals, organizations, and communities that should be consulted with respect to sharing CVBR information is extensive. The most commonly identified groups include: social workers, court workers, and community counselors; parent groups, sibling groups, and women's groups; groups serving immigrants and refugees; victim services support agencies; elders and Indigenous groups; the John Howard Society; St. Leonard's Society; and the Elizabeth Fry Society; crown-witness coordinators and justice coordinators; the RCMP; Legal Aid; and public prosecutors.

Summary

Overall, Roundtable discussions point to victims' need to better understand the:

One of the common challenges in terms of building awareness is that people will tend to seek out information as needed. Thus, in the age of technology, there has to be a balance between the proliferation of useful information and information overload. That being said, there is an ongoing need to ensure greater awareness of victim rights through Canada.ca and other creative means. Persistent concerns for victims as articulated by Roundtable participants include the need for clear and simple guidelines on:

As detailed above, victim groups have provided a number of suggestions for building awareness, sharing information, and meeting the needs of victims of crime. The Roundtable discussions highlighted the perceived gaps not only in information about federal corrections and conditional release but the CJS in general. Information sharing is a work in progress requiring the commitment and collaboration of all who share an interest in victim issues. With this in mind, the NOV plans to host subsequent Roundtables to further explore the topic of victim participation and protection in corrections and conditional release.

APPENDIX A

Canadian Statement of Basic Principles of Justice for Victims of Crime

Stemming from the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime, Federal-Provincial-Territorial (FPT) Ministers of Justice endorsed the Canadian Statement of Basic Principles of Justice for Victims of Crime in 1988 and again as revised in 2003. The importance of the Canadian Statement of Basic Principles of Justice for Victims of Crime is highlighted in the preamble of the recently enacted Canadian Victims Bill of Rights (2015).

These ten principles are the foundation of current procedures, policies, programs and legislation pertaining to crime victims and are intended to harmonize victim interests.

  1. Victims of crime should be treated with courtesy, compassion, and respect.
  2. The privacy of victims should be considered and respected to the greatest extent possible.
  3. All reasonable measures should be taken to minimize inconvenience to victims.
  4. The safety and security of victims should be considered at all stages of the criminal justice process and appropriate measures should be taken when necessary to protect victims from intimidation and retaliation.
  5. Information should be provided to victims about the criminal justice system and the victim's role and opportunities to participate in criminal justice processes.
  6. Victims should be given information, in accordance with prevailing law, policies, and procedures, about the status of the investigation; the scheduling, progress and final outcome of the proceedings; and the status of the offender in the correctional system.
  7. Information should be provided to victims about available victim assistance services, other programs and assistance available to them, and means of obtaining financial reparation.
  8. The views, concerns and representations of victims are an important consideration in criminal justice processes and should be considered in accordance with prevailing law, policies and procedures.
  9. The needs, concerns and diversity of victims should be considered in the development and delivery of programs and services, and in related education and training.
  10. Information should be provided to victims about available options to raise their concerns when they believe that these principles have not been followed.

Appendix B

February 2016 Consultation Participants

CSC/PBC Victim Advisory Committee (ON)

CSC/PBC Victim Advisory Committee (BC)

CSC/PBC Victim Advisory Committee (QC)

Parole Board of Canada

Canadian Resource Centre for Victims of Crime (ON)

Correctional Services of Canada

Policy Centre for Victims Issues at the Department of Justice Canada

Public Safety Canada

July 2016 Consultation Participants

Vancouver and Lower Mainland Multicultural and Family Support (BC)

Manitoba Organization for Victim Assistance (MB)

CSC/PBC Victim Advisory Committee for the ON/NU (ON)

Canadian Families and Corrections Network (ON)

MADD Canada (ON)

Ottawa Police Services Victim Crisis Team (ON)

Chatham-Kent Victim Services (ON)

CAVAC de l'Outaouais (QC)

JIM Friendship Centre (YK)

Pauktuutit Inuit Women of Canada (NU)

Public Prosecution Service of Canada

Public Safety Canada

Parole Board of Canada

Correctional Services of Canada

Appendix C

Consultation Questions on the Right to Information (July 19, 2016)Note 4

  1. Are you familiar with any of the publications produced by the National Office for Victims? If so, which ones and how do you use them?
    1. An Information Guide to Assist Victims: Federal Corrections and Conditional Release
    2. Victims of Crime: Staying Informed booklet
    3. Overview of Federal Corrections and Criminal Justice Victim-Centred Information and Assistance Poster
    4. Preparing Victims for the Release of a Federal Offender brochure
    5. Overview of the Canadian Victims Bill of Rights poster
  2. What information would be most useful to you and/or your organization/community to better understand the Canadian Victim Bill of Rights as it relates to federal corrections and conditional release?
  3. Is there specific information about federal corrections and conditional release (i.e., restorative opportunities) that is lacking or requires emphasis?
  4. How could information best be communicated to victims (e.g., print resources, online information) and can you suggest the best way to reach its intended audience (e.g., mass distribution of print material to victim-serving agencies, targeted distribution to non-criminal justice related spaces such as hospitals, libraries, static web pages, social media videos etc.)?
  5. How important is it for accurate information about the corrections and conditional release systems to be accessible via social media as well as traditional, static websites?  (answers rated on a scale of 0-5 where 0 indicates not important and 5 indicates very important)?
  6. Does your organization have any preferred methods of sharing information with communities that have strong oral and storytelling traditions (i.e., is there a need for auditory information such as CDs or podcasts)?
  7. Has your organization/agency noted any need for information in languages other than English or French? If yes, which languages?
  8. Are there cultural considerations that should be taken into account in the development of information products to better deliver information on the Canadian Victim Bill of Rights to you and your organization/community?
  9. How should culturally sensitive outreach be undertaken in order to deliver information on the corrections and conditional release as it pertains to the Canadian Victim Bill of Rights to you and your organization/community?
  10. Are there other specific individuals/communities /organizations that should be consulted?

Endnotes

  1. 1

    As of June 1, 2016, the CSC can share with a registered victim a photo of the offender who harmed them and provide the victim with information on the offender's correctional plan and their progress in meeting the plan's objectives. The PBC can share audio recordings of parole hearings with the registered victims who were not present at the hearings. Moreover, before PBC removes or varies a victim protection condition in cases where a victim statement has been provided, PBC must attempt to contact and consult with the victim.

  2. 2

    R. v. Mills, [1999] 3 S.C.R. 668

  3. 3

    As of June 1, 2016, the CSC can share with a registered victim a photo of the offender who harmed them and provide the victim with information on the offender's correctional plan and their progress in meeting the plan's objectives. The PBC can share audio recordings of parole hearings with the registered victims who were not present at the hearings. Moreover, before PBC removes or varies a victim protection condition in cases where a victim statement has been provided, PBC must attempt to contact and consult with the victim.

  4. 4

    Note: Similar questions were posed for the purposes of the initial pre-consultation and consultations in February 2016. The wording of some questions (Q4, Q5, and Q6) was further clarified for the purposes of the July roundtable discussions.

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