Public Safety Canada Portfolio Report
Canadian Victims Bill of Rights
Victim Complaint Resolution Mechanisms

Report Overview

Bill C-32, the Victims Bill of Rights received Royal Assent on April 23, 2015, and came into force as of July 23, 2015 establishing the Canadian Victim Bill of Rights (CVBR). This legislation amends certain Acts, including the Corrections and Conditional Release Act (CCRA). Amendments to the CCRA are summarized in Appendix A.

The report that follows provides a brief explanation of the CVBR and a general profile of CVBR victim complaint resolution mechanisms across the Public Safety (PS) Portfolio in Sections I and II. Details of each PS Portfolio agency's complaint resolution mechanism, including any improvements made to these processes, the number of complaints and how they were addressed are found in Section III. Overall findings are outlined in Section IV and finally, in Section V, future policy/process considerations are outlined. For the purposes of this report, the focus will be on the PS Portfolio partners: the National Office for Victims (NOV), Correctional Service Canada (CSC), the Parole Board of Canada (PBC), Canada Border Services Agency (CBSA) and the Royal Canadian Mounted Police (RCMP). All but the RCMP were required to establish a formal complaints resolution mechanism prior to the coming into force of the CVBR in July 2015. In the case of the RCMP, an existing complaints resolution mechanism was already established in the form of the Civilian Review and Complaints Commission (CRCC).

Section I: Victims' Rights

Under the CVBR, crime victims are defined as individuals who have suffered physical or emotional harm, economic loss or property damage as a result of a crime committed in Canada. The CVBR ensures victims of crime have the following rights:

The Right to Information

Crime victims have the right to:

• general information about the criminal justice system and the role of victims within it;
• information about available victim services/programs, including restorative justice;
• request information about the status and outcome of the investigation into the offence, the location and timing of proceedings and on the progress and outcome of their case (including information related to the investigation, prosecution and sentencing of the person who harmed them);
• request information with respect to the offender's conditional release (including the timing and conditions thereof);
• request information with regard to hearings held for the purposes of dispositions rendered with respect to persons found unfit to stand trial or not criminally responsible (NCR) on account of mental disorder; and,

The Right to Protection

Crime victims have the right to:

• have both their security and their privacy considered at all stages of the criminal justice process;
• have reasonable and necessary measures taken to protect them from intimidation and/or retaliation;
• request that their identity be protected from public disclosure where they are either a victim or a witness in proceedings related to an offence; and,
• request testimonial aids when appearing as witnesses in proceedings related to an offence.

The Right to Participation

Crime victims have the right to:

• convey their views concerning decisions to be made by criminal justice professionals and to have these views considered at various stages across the criminal justice process;
• present victim impact statements during sentencing and at hearings where the accused has been deemed unfit or NCR; and,
• present victim statements for the purposes of conditional release hearings.

The Right to seek Restitution

Crime victims have the right to:

• have the court consider making a restitution order against the offender for all offences for which there are easy-to-calculate financial losses; and,
• have the orders entered as enforceable civil court judgements against the offender, for those who have not been paid.

All victims may exercise their rights under the CVBR while they are in Canada. Canadian citizens or permanent residents may exercise these rights even if they are outside of Canada, as long as the crime took place in Canada.

A victim may file a complaint if they are of the opinion that their rights under the CVBR have been infringed or denied (i.e. not respected) by a federal agency or department during their interaction with the Canadian criminal justice system. When it is a federal government department or agency about which victims would like to complain, they should use the internal complaint system of that department or agency. If a victim has a complaint about a provincial or territorial department or agency, including police, prosecutors, or victim services, they may file a complaint under the laws of the province or territory.

The criminal justice system refers to the particular processes involved in the investigation and prosecution of offences in Canada. This includes proceedings of Canadian courts as well as Review Boards in respect of accused who are found not criminally responsible on account of mental disorder or unfit to stand trial, and finally the corrections and conditional release process in Canada.

Working together to better support victims of crime

• Increased coordination and consistent approaches between departments/agencies
• Centralized information on Canada.ca for greater accessibility
• Clear, consistent communication

Supporting Victims of Crime: Establishing Consistent and Efficient Victim Complaint Resolution Mechanisms

In December 2015, an Ad Hoc Working Group (WG) on CVBR Complaints Processes^{Note 1} was struck to identify opportunities for greater consistency among the complaints processes that federal departments and agencies put in place to better serve victims of crime. PS Portfolio agencies and Justice Canada's Policy Centre for Victim Issues (PCVI) have met regularly since December 2015 to share information and coordinate the implementation of the CVBR complaints provisions across the federal government. These meetings have resulted in increased consistency between federal CVBR complaint resolution mechanisms.

Several developments stemming from the Ad Hoc WG have been implemented:

• Increased coordination and consistent approaches across departments/agencies: a CVBR Complaint Departmental/Agency Referral Protocol^{Note 2} was established whereby, with a victim's consent, a complaint that falls outside a department/agency's mandate may be redirected to the appropriate organization. Designated key contacts have also been identified to support the efficient coordination and responses to CVBR complaints across applicable departments/agencies.
• Centralized information for greater accessibility: the Canada.ca "Victims of Crime" webpage was updated to provide centralized information outlining the mandates of each department/agency and the types of CVBR complaints that may fall under their respective mandates, and to identify the OFOVC^{Note 3} as a second-level complaint review body.
• Clear, consistent communication: A compilation of standardized communications was shared with the Ad Hoc WG to explain the Constitutional division of powers and the jurisdiction of the provinces in certain matters related to services and rights for victims of crime. This list is intended to be used by federal departments/agencies in responding to victims' questions and complaints with a common voice ensuring clear and consistent responses.
• OFOVC Briefing: On November 7, 2016, the PS Portfolio agencies and Justice Canada's PCVI participated in an information session to explain their respective victim complaint resolution mechanisms with officials from the OFOVC. Since then, ADM Kathy Thompson, Public Safety Community Safety and Countering Crime Branch (CSCCB) met with the Federal Ombudsman for Victims of Crime on January 3, 2017 to further discuss ways to support inter-departmental/agency information sharing and ongoing collaboration.

Section II: Profile of Victim Complaint Resolution Mechanisms Across the Public Safety Portfolio

The first iteration of this report covers the period between July 23, 2015 and March 31, 2017. Future reporting will be by fiscal year to coincide with other departmental performance reporting requirements. Portfolio victim complaint resolution mechanisms are profiled separately to take into account their individual mandates and processes. In instances where a department/agency has not received a complaint under the CVBR, information regarding reporting parameters is outlined to illustrate established tracking and monitoring processes designed to support efficient and effective policy and practices.

Generally speaking, the PS Portfolio follows similar complaints resolution processes. Once complaints are received, they are acknowledged by the respective department/agency. Shortly thereafter, the complaint is assessed for admissibility and the victim is provided with a written explanation as to the findings of that assessment. Whether the complaint is thereafter determined to be founded or unfounded^{Note 4}, the victim is provided with written feedback. In the case of complaints deemed to be founded, the reply will include relevant remedial action to be taken in accordance with the nature of the specific complaint.

Section III: Profile of Victim Complaints across the Public Safety Portfolio

A total of 43 complaints were received across all Portfolio departments/agencies with CVBR responsibilities. Of these only one complaint was received by NOV and the RCMP respectively; both were deemed in admissible. CSC received 26 of which 20 were deemed admissible and three of the six inadmissible complaints were referred elsewhere within the Portfolio. A total of 15 were received by PBC; 10 of which were admissible and five were inadmissible. Two of the 5 inadmissible complaints were referred to CSC. No CVBR complaints have been received to date by CBSA. Of all CVBR complaints to date, less than one third (12) were deemed founded in full or in part Portfolio-wide.

Charts intended to summarize complaints by CVBR rights among each of the individual Portfolio departments/agencies are included as Appendix B.

National Office for Victims - Public Safety Canada

Public Safety Canada's NOV acts as a central resource offering information to victims of federal offenders, criminal justice professionals and the general public. With respect to a victim's rights under the CVBR, the scope of NOV's mandate applies to a victim's right to information. Specifically, NOV is responsible for:

• providing victims of crime with information about the federal corrections and conditional release system and the role of victims in it;
• informing victims how they may file a complaint for an infringement or denial of any of their rights by NOV under the CVBR;
• providing referrals to CSC and PBC for specific enquiries;
• developing and disseminating information products;
• promoting federal services for victims of federal offenders; and,
• ensuring a victims' lens on policy issues related to federal corrections and conditional release.

NOV Victim Complaint Resolution Mechanism

The NOV's CVBR complaint resolution mechanism was established to coincide with the coming into force of the CVBR in July 2015. It begins when a complaint is received in writing via email, letter or fax, or is transcribed by NOV from a victim stating their belief that their rights, under the CVBR, have been infringed or denied by NOV. Complaints may refer to direct actions or inactions by NOV staff in relation to a particular case, or they may be systemic in nature, relating to departmental policies or procedures.

Complaints will be assessed for admissibility based on the criteria set out in the CVBR. For complaints deemed inadmissible, a written response approved by the NOV manager or designate will be prepared with an explanation that will include any pertinent information and referrals. Contact information for the OFOVC will also be included in the official response in the event that the victim is not satisfied with the outcome of the assessment.

Admissible complaints will be assessed as founded or unfounded and in both cases, an ADM-level approved written response will be provided. If deemed founded, the written response will include the results of the assessment with remedial actions taken as well as explanations of policies, procedures and any relevant referrals. Contact information for the OFOVC will also be included should the complainant not be satisfied with the outcome of the assessment.

If unfounded, the written response will include the results of the assessment as well as explanations of policies, procedures, legislation additional information and any relevant referrals, including contact information OFOVC should the victim not be satisfied with the outcome of the assessment.

For further details on the NOV complaint process, see: https://www.publicsafety.gc.ca/cnt/cntrng-crm/crrctns/ntnl-ffc-vctms-mk-cmplnt-en.aspx

NOV Tracking and Reporting of Complaints

For the purposes of tracking and monitoring complaints and ensuring service standards are maintained, NOV developed a Complaints Tracking Log designed to track key elements to support the complaint resolution process including: the region from which the complaint is received; a description of the CVBR right implicated; any referrals to another department/agency to support the Departmental Referral Protocol; date of acknowledgement; the results of the assessment i.e. admissible/inadmissible); and date of response. If admissible, the result of the assessment (i.e., unfounded or founded) and the remedy will be recorded for monitoring purposes.

In addition to using this tool for maintenance of records and service standards, the intent will be to monitor the number and types of complaints that are received. This in turn, will inform potential adjustments to policy, processes and communications; thereby, supporting service excellence for victims of crime.

Overview: NOV Complaints

NOV did not receive any CVBR complaints between July 23, 2015 and March 31, 2016. In FY 2016-2017, one complaint was received which was subsequently deemed inadmissible. In this instance, the complaint pertaining to the right to information was deemed inadmissible for two reasons. The first was that the nature of the complaint did not pertain to NOV's mandate or to rights protected under the CVBR and secondly, the victim did not meet the definition of victim under section 2, section 26(3), (4) or (5) or section 142(3) of the CCRA. Moreover, the victim was not an individual with the right to exercise rights on behalf of the victim as defined under section 3 or section 4 of the CVBR.

NOV Process Improvements

NOV's victim complaint resolution mechanism was originally approved on July 13, 2015. As part of the work of the Ad Hoc WG, NOV undertook a review of its internal process and made a number of refinements that were approved in November 2016, including:

• reducing the number and levels of complaint reviews;
• reducing the time allotted for extensions from 20 to 15 business days with a maximum of three extension periods; and,
• increasing the amount of time for the original assessment to align more closely with Portfolio partners' processes.

Correctional Service Canada

CSC's National Victim Services Program provides services to victims of offenders under federal jurisdiction ^{Note 5} via dedicated Victim Services Officers (VSOs). VSOs share information about the offenders who harmed them; receive victim statements; provide referrals to provincial and non-governmental services; and, answer questions about corrections and conditional release.

VSOs also assist victims of federal offenders in registering to receive the information that they may be entitled to under the CCRA and provide that information to victims on a regular basis in a format chosen by the victim (e.g. mail, phone or via the secure online portal). In addition, VSOs advise victims about the opportunity to provide CSC with victim statements to be included in an offender's file for consideration when making release decisions and offer guidance on how to write these statements.

CSC Victim Complaint Resolution Mechanism^{Note 6}

Complaints are assessed for admissibility based on the criteria set out in the CVBR. Additionally, in order to submit a complaint against CSC, a formal complaint must be received by CSC's Restorative Justice and Victim Services Division (RJVS) in writing (via the CVBR complaint form or via letter/written correspondence). In order for a complaint to be admissible, the offender must have been under the CSC's jurisdiction at the time of the complaint or of the occurrence for which a complaint is being lodged.

In accordance with CSC's established service standards, a complaint is tracked throughout the resolution process. For complaints deemed inadmissible, the RJVS Division reviews the complaint and prepares a written response, approved by the Assistant Commissioner, Communications and Engagement. The response outlines which admissibility criteria have not been met and includes contact information for the OFOVC should the victim not be satisfied with the outcome.

For complaints deemed admissible, the RJVS Division reviews the complaint; analyzes any infringements or denials of rights under the CVBR and relevant CSC policies; and, consults subject-matter experts within the CSC. A written response, approved by the Senior Deputy Commissioner, includes: the results of the review; recommendations, if any; and, contact information for the OFOVC should the complainant not be satisfied with the outcome. The Senior Deputy Commissioner can defer complaints where victims are pursuing an alternate legal remedy for the complaint or where there is an ongoing internal or external investigation into the matter. Victims will be notified in writing when a complaint has been deferred.

Admissible complaints are assessed as founded, unfounded or founded in part by the RJVS Division. If a complaint is founded, the letter includes an apology. When corrective measures have been taken, the victims are informed of them. The RJVS Division also follows up internally to confirm whether recommendations (if any) have been implemented.

For additional information on CSC's Victims' Complaint Mechanism see: http://www.csc-scc.gc.ca/victims/003006-0005-eng.shtml

CSC Tracking and Reporting of Complaints

CSC tracks details of each complaint to determine if, for example, complaints are occurring more frequently in one or more regions. Detailed information is logged for every step of the CVBR complaint resolution mechanism including: service standards; whether the victim is a registered victim; the region; the CVBR right implicated; the admissibility criteria met; Office of Primary Interest input; any deferral information; responses and related legislation; corrective actions and/or recommendations; and, file closure.  This data is intended to inform potential refinements to policies and practices as complaints are processed over time.

CSC Complaints: Overview

Of the 26 complaints received to date by CSC, a total of 6 complaints were deemed inadmissible. Three of which were referred to another department or agency. See table that follows for CSC complaints summary. Just over half of admissible complaints related to the right to information. This is not surprising given that the CCRA provides victims access to information about the federal offender who harmed them, allows them to present a statement at a parole hearing and to have their information considered in specified decision points in the corrections and conditional release system.

Right to Information: Complaints related to the right to information were a result of victims not receiving information within the expected timeframe. Delays or omissions arose, for example, due to the actions of individual employees at specific institutions or parole offices. In such cases, the response letters acknowledged the corrective measures taken and included an apology.

Right to Protection: In a few cases, the victims believed that CSC's decisions related to the management of the offenders' cases infringed upon their right to protection. The victims believed, for example, that the decisions did not give enough weight to the concerns they had expressed about the ongoing risk that the offender posed to them and their families. The information provided by the CSC's Regional Deputy Commissioners confirmed, in all cases, that the decision making process had considered their concerns and that the decision, including the ongoing management of the case, adequately addressed the concerns while upholding CSC's legislative and policy obligations toward offenders.

Right to Participation:Complaints in which victims believe their right to participation was infringed upon or denied were primarily related to decisions made in the offenders' cases. The decisions, for example, did not reflect the outcome that the victims would have liked given the concerns they expressed in their statements. The response letters assured victims that their concerns were considered along with the other factors that comprise CSC's legislative and policy framework.

Right to Seek Restitution: CSC received no complaints related to the right to seek restitution.

Multi-Rights Complaints: These complaints include those where more than one CVBR right is identified by the victim as having been denied or infringed. This includes cases involving a single complaint with more than one part or cases where the victim identified multiple rights if unsure how to categorize their specific complaint.

Inadmissible Complaints

More specifically, in 2015-2016, two complaints were reviewed and determined to be inadmissible. One complaint was not admissible because it fell under the mandate of the PBC and another was under the jurisdiction of the RCMP. In 2016-2017, it was determined after review, that four complaints were deemed inadmissible. One complaint fell exclusively under PBC's jurisdiction. Two complaints did not involve an offender under federal sentence and one complaint was received from someone who did not meet the definition of a victim under the CCRA. In total, three complaints were thus referred to another department or agency.

Admissible Complaints

As summarized in the table above, in 2015-2016, there were a total of 4 admissible complaints. Of these, one was deemed founded and the remainder were deemed unfounded. One complaint was not resolved by the end of the year but was counted in the year in which it was received as it was later deemed to be founded.

In 2016-2017, the number of founded complaints was five:

• CSC failed to provide the victim with notification about an offender's escorted temporary release (ETA), as per section 26(1)(c) of the CCRA and in accordance with Commissioner's Directive (CD) 784, Victim Engagement. This victim's right to information under the CVBR was infringed.
• CSC did not notify the victim about the movement of an offender to a different unit within a clustered institution, pursuant to section 26 (1)(b)(ii.2) of the CCRA and in accordance with CD 784, Victim Engagement.
• CSC failed to consider all the available information when recommending the wording of a condition to the PBC, pursuant to section 23(1), 24(1) and 133(3.1-3.3) of the CCRA.
• It was determined that the services and information CSC provided to the victim were untimely and inaccurate and as such, the victim's right was infringed as CSC did not act in accordance with CD 784, Victim Engagement.
• CSC failed to inform the victim of the offender's ETA, did not provide correctional plan information within the timeframe expected by the victim and lacked sensitivity when notifying the victim of offender information on the anniversary of her relative's death.

This same year, two complaints were founded in part:

• Founded in part because CSC did not comply with legislation and policy related to victim notification of information related to an offender's release from custody. The other part of this complaint was deemed unfounded as CSC did in fact manage an offender's case in accordance with current policy, which includes interactions with local police and the fulfilling of their respective mandates.
• Founded in part since the victim did not receive a notification within the proper timeframe and in accordance with CD 784, Victim Engagement and as such, the victim's right to information was infringed.

There were also a total of eight admissible complaints that were ultimately deemed unfounded. In each of these instances, CSC complied with law and policy.

Admissible in Part Complaints

In 2015-2016, there was one partially admissible complaint involving a victim's dissatisfaction about participation at a PBC hearing held at a CSC institution. This complaint was partially admissible by CSC and partially related to the mandate of the PBC.

CSC Case Highlight

The following case describes a founded complaint scenario, where upon investigation, a victim's right to information was infringed upon and how CSC took corrective measures to resolve the issue:

A VSO discovered that CSC had not disclosed information to the victim about the offender's transfer to provincial jurisdiction for the purpose of making a court appearance. The VSO made the discovery when they were notified that, as a result of the court appearance, the offender's sentence had been quashed and prepared to notify the victim. The victim complained that they did not receive the information regarding the offender's transfer of jurisdiction within the expected timeframe (i.e., as soon as CSC is informed of the required absence from the institution).

Upon investigation, it was determined that the site did not inform the Victim Services Unit in accordance with the Victim Services Notification Guide^{Note 7}. The site took corrective measures to ensure that the appropriate employees are aware of their responsibility for notifying Victim Services about this particular type of offender movement. The written response to the victim included a brief explanation of where the error occurred and an apology for any difficulties experienced as a result.

CSC Process Improvements

In 2015-16, the CSC developed templates for all types of written communication aligned to the policy requirements. In doing so, CSC anticipated varying scenarios that different complaints may present in addition to the need to tailor correspondence to individual responses. Following a six month pilot of these templates, CSC is working to simplify the language and structure of its letters with a view to enhancing communication.

Parole Board of Canada

The PBC is an independent administrative tribunal which reports to Parliament through the Minister of Public Safety, and has exclusive authority, under the CCRA to grant, deny, and revoke parole for offenders serving sentences of two years or more. The PBC also makes parole decisions for offenders serving sentences of less than two years in all provinces and territories except Ontario and Quebec, which have their own parole boards.

Victim information services at the PBC are provided by Regional Communications Officers (RCO's) in regional offices across the country. The RCO is the point of contact at the PBC once a victim registers. RCO's help victims understand the conditional release process; support victims in the preparation of victim statements for PBC decisions and presentations at hearings; accompany victims at PBC hearings; and, provide information about the offender that harmed them that is available to victims under the CCRA.

PBC Victim Complaint Resolution Mechanism

The PBC's National Office established a formal complaints resolution mechanism to align with the coming into force of the CVBR and manages complaints through the victim complaints email inbox in accordance with established service standards. Following receipt of a complaint in writing, the PBC acknowledges receipt of the complaint, logs and assigns a tracking number to the case. The Manager of Communications and Regional Managers of Community Relations and Training (RMCRT) then assess the admissibility of the complaint.

In addition to meeting the criteria to submit a complaint under the CVBR, complaints are assessed for admissibility based on whether they fall under the PBC's mandate under the CVBR, the CCRA, and related policies and procedures. Complaints must also be submitted in writing using the PBC Victim Complaint Form or an email or letter stating that the victim wishes to submit a complaint under the CVBR.

The Manager of Communications assesses a complaint for admissibility in close consultation with Regional Managers and subject-matter experts to prepare a response. Where additional time is necessary, a PBC representative contacts the victim to provide a status update. Where a complaint falls outside the scope of the PBC's mandate, the complaint is forwarded to the appropriate department/agency for follow-up and the victim is notified in writing, after which the file is closed.

For admissible complaints, the Manager of Communications works with the RMCRT to develop an analysis of the complaint and a recommendation. The Executive Director General then makes the final determination as to whether the Board is compliant with legislation. A final response is then developed and sent to the victim from the PBC National Office through the Victim Complaints email inbox. Victims are advised of their right to contact the OFOVC should they not be satisfied with the outcome^{Note 8}. The results of the assessment are tracked and the file closed.

For more information on the PBC's victim complaint review process, please visit: www.canada.ca/en/parole-board/services/victims/pbc-victim-complaint-process.html

PBC Tracking and Reporting of CVBR Complaints

The PBC tracks details of each complaint to determine if complaints are occurring more frequently in one or more regions. Detailed case specifics are logged as this data is intended to inform policy and practice improvements over time.

PBC Complaints: Overview

Of the 15 complaints received between July 2015 and March 2017, two were referred elsewhere. Of the remaining 13 cases, PBC deemed that victim's rights were partially infringed in a total of four instances, each relating to the right to participation.

Inadmissible Complaints

One complaint was deemed inadmissible because the individual did not meet the legal definition of victim. Other complaints deemed inadmissible generally related to victim requests that could not be accommodated under the CCRA (e.g.; requests to be provided with the reasons for a postponements or adjournments) or fell outside the Board's mandate.

Admissible Complaints

Right to Participation: Complaints related to a victim's right to participation where the complaint was deemed to be founded in part were related to delayed notification of hearings in three instances (one of which was due to a technical issue with the victims portal). In another instance, the issue related to the failure to consider a victim's request to alter the wording of an already existing special condition.

Right to Restitution: One complaint was received that related to the Victims Fund (compensation), which falls under Justice Canada's mandate and was therefore referred to Justice Canada for follow-up.

PBC Case Highlights

The following case describes a complaint scenario in which, following assessment by the PBC, it was determined that the victim's right to participation had been infringed upon, and the measures taken by PBC to resolve the issue:

The victim in this case submitted a complaint to the PBC indicating that the victim's right to participation had been infringed upon, as the victim had not been given sufficient notice (11 days) by the PBC to prepare to attend the hearing of their offender. Upon review, the PBC determined that the Regional Communications Officer had only received confirmation of the hearing date from the PBC's Operations team 12 business days before the hearing was to take place. PBC's policy is to provide victims with at least 21 business days' notice of a scheduled hearing. In this case, it was determined that the PBC had not met this timeline. The written response to the victim included an apology for the inconvenience caused, and a commitment to review the situation with its Operations team to ensure such delays did not reoccur in future. The victim was also invited to contact the Regional Manager of Community Relations and Training should the victim wish to discuss the upcoming parole hearing for this offender or have any additional questions. 

PBC Process Improvements

Although no significant changes to the PBC's complaints resolution mechanism have been required since CVBR implementation, particularly given the low number of complaints it has received, the PBC is reviewing its internal processes with a view to further streamlining its operations around its complaints mechanism.

Canada Border Services Agency

The CBSA amended their existing complaint resolution mechanism to allow for CVBR complaints to be addressed. The CBSA's CVBR policy, effective July 23, 2015, is outlined in the CBSA's Enforcement Manual: Investigations and Criminal Proceedings. The purpose of this policy is to ensure that the rights conferred to victims by the CVBR are fulfilled during a CBSA-led investigation into an offence(s) under the Immigration and Refugee Protection Act (IRPA).

In addition to meeting the CVBR complaint criteria, a complaint will be considered for admissibility if the CBSA is currently investigating the criminal offence in which the individual is a victim and the individual believes that the CBSA failed to consider their rights to information, participation and/or protection.

CBSA Victim Complaint Resolution Mechanism

All CVBR complaints must be submitted through the CBSA's external website using the Canada Border Services Agency Feedback Form – Canadian Victims Bill of Rights. Should an individual wish to file a complaint verbally, CBSA Criminal Investigations staff will endeavour to resolve the issue directly. If a resolution is not immediately possible, the individual is directed to file a complaint on-line.

Complaints are received and acknowledged by the Monitoring, Systems and Coordination Unit (MSCU), Recourse Program Management Division at CBSA headquarters and are assigned a unique Complaint File Number. The Regional Program Office (RPO) is responsible for coordinating the complaint resolution mechanism and tasking the complaint to the implicated regional Enforcement and Intelligence Division. An investigation is conducted and a letter of response is drafted, indicating the results of the complaint review. In most cases, final approval rests with the Director, Enforcement and Intelligence. If additional time is needed to conduct a comprehensive review, the victim will be notified. In some circumstances, cases may be resolved at the acknowledgment stage without requiring a formal response. The CBSA tracks these types of complaints in the same manner as all others.

For additional information on the Victims Complaint Mechanism at CBSA, see:
http://www.cbsa-asfc.gc.ca/contact/cvbr-ccdv-eng.html

CBSA Tracking and Reporting of CVBR Complaints

To date, the CBSA has not received any complaints under the CVBR.

CVBR complaints are tracked separately, including (but not limited to) the alleged right breached; whether the complaint is founded or unfounded; the CBSA's response; any action taken by the CBSA as a result of the complaint; level of management engagement in response; and, service standard compliance. Following the closure of a complaint file, a Complaint Input Form is completed and sent to CBSA headquarters for tracking and reporting purposes.

CBSA Process Improvements

The CBSA has not received any complaints to date and as a result, has not made process improvements. When complaints are submitted, the agency will assess any resulting process issues and concerns to determine possible refinements to the process, if necessary.

Royal Canadian Mounted Police

The RCMP's Victim Services Program seeks to:

• lessen the impact of crime and trauma on victims and their families and to assist them in their recovery;
• enhance victim safety and help reduce the risk of further victimization;
• increase victims' level of participation in the criminal justice system; and,
• prepare victims acting as witnesses for court proceedings.

Since the CVBR came into force on July 23, 2015, the RCMP has amended their Operational Policy on Victim Assistance. RCMP members are to ensure victims are made aware their rights under the CVBR. One complaint was referred from CSC to the RCMP.  The complaint was deemed not under mandate by the CRCC.

These rights as they pertain to the RCMP include:

Right to Information: Victims have the right to information about the criminal justice system, victim services programs, and specific information about the progress of their case and the status of the person who harmed them.

Right to Protection: Victims have the right to have their security and privacy considered at all stages of the criminal justice process; reasonable and necessary measures to protect them from intimidation and retaliation; and, an enhanced ability to protect their identity from public disclosure.

Right to Participation: Victims have the right to convey their views and have them considered at various stages of the criminal justice process, for example, victims have the right to submit a Victim Impact Statement to the court describing the impact the crime has had on them.

If a victim feels one or all of these rights have been violated, the RCMP has a complaint process in place where a person can lay their complaint.

RCMP Victim Complaint Resolution Mechanism

A person who wishes to lodge a complaint against the RCMP about an infringement of their CVBR rights can do so in accordance with the public complaint mechanism set out it Part VII of the RCMP Act. The RCMP is responsible for CVBR complaints with regards to:

• general information regarding the status and outcome of the investigation;
• accessibility to victim services and programs;
• information on the victim's security, privacy and identity protection from public disclosure; and,
• protection from intimidation and retaliation.

A complaint can be made by attending any RCMP detachment. Alternatively, a complaint can be made by contacting the Civilian Review and Complaints Commission (CRCC) for the RCMP or the designated provincial policing authority.  Established in 2013 with the coming into force of the Enhancing Royal Canadian Mounted Police Accountability Act, the CRCC replaced the Commission for Public Complaints Against the RCMP (CPC). Similar to its predecessor, the CCRC is an independent agency, created by Parliament, to ensure that complaints made by the public about the conduct of RCMP members are examined fairly and impartially. More specifically, the CRCC has jurisdiction over a complaint from any individual that concerns the conduct of an RCMP member while performing a duty or function under the RCMP Act or the Witness Protection Program Act. These duties and functions include criminal investigations, public complaint investigations, policing public events, security assignments and intelligence operations. If a victim is unsatisfied with the RCMP response to his/her complaint, he/she can also refer the complaint to the CRCC for review.

For more details on the CRCC complaint review process, please visit:
https://www.crcc-ccetp.gc.ca/en/complaint-and-review-process

RCMP Tracking and Reporting of CVBR Complaints

The RCMP has an established tracking mechanism where public complaints can be tracked. To date, the RCMP has received only one complaint under the CVBR. At this point in time, the outcome of this case is unknown.

Section IV: Overall Findings

Given the division of power under the Constitution, direct service delivery to victims is provided by the provinces and territories. Federal responsibility for victims lies primarily in providing information services, in line with the respective mandates of each department and agency with CVBR responsibilities. As such and as expected, the vast majority of complaints fall within the rights to information and participation. That being said, and as referenced elsewhere in this report, very few complaints have been received to date. Of these, only a very small portion (12 in total) have been deemed founded in full or in part; thereby, requiring remedial action.

Section V: Looking Ahead: Policy/Process Considerations

As is evident to date, there have been very few CVBR complaints across the PS Portfolio. Where complaints have been lodged, their nature is in some instances clear and distinct; other times, the complaints may relate to multiple CVBR rights. At times, the victim may not necessarily know how to categorize their complaints. For this reason, it will be important to classify complaints similarly across the PS Portfolio should the number of complaints increase over time, to further ensure the validity of the information being reported and interpreted.

Since the establishment of the Ad Hoc WG in December 2015, members with representation from the PS Portfolio agencies and Justice Canada's PCVI have worked in close collaboration to share information and coordinate the implementation of the CVBR complaints provisions across the federal government. As a result of increasing coordination, more consistent approaches are being implemented between departments/agencies and efforts are underway to centralize information on the Canada.ca website for ease of reference and accessibility for victims of crime.

Looking forward, work will continue to identify opportunities to streamline the provision of information for crime victims and to monitor and adapt complaints reporting processes as warranted. To this end, the Ad Hoc WG will continue to work in partnership to address the needs of crime victims as per their respective mandates and in support of CBVR implementation.

Appendix A – CCRA Amendments

The CVBR amended the Corrections and Conditional Release Act (CCRA) as follows:

• Definition of victim: includes property damage and economic loss;
• Date, destination and conditions: requires the CSC to provide victims with the date, destination and conditions of the offender's release, 14 days in advance if possible;
• Information update: provides victims with updates to previously released information;
• Victim-Offender Mediation service: requires CSC to provide victims with information about their Restorative Opportunities program;
• Offender Removal Notification: requires CSC to provide victims with information regarding whether the offender has been removed from the country before end of sentence;
• Designation of representative and withdrawal of request for information: entrenches in law the ability for victims to designate a representative to receive information on their behalf and to withdraw requests for information;
• Parole Board decisions: entrenches in law the right for victims to request and receive copies of PBC decisions;
• Victim protection condition: entrenches in law the requirement for the PBC to impose any conditions on offenders subject to a Long-Term Supervision Order, deemed reasonable and necessary to protect the victim, where the victim has provided a statement to the PBC or provided reasons why they did not do so;
• Progress- correctional plan: requires CSC to provide information to victims about an offender's correctional plan and the progress the offender has made towards meeting the objectives of the plan;
• Offender Photo: requires CSC to provide victims with access to a photo of the offender prior to release any temporary absence, work release, parole, statutory release or at the end of their sentence;
• Change or vary a victim protection condition: requires that before PBC removes or varies a victim protection condition in cases where a victim statement has been provided to the Board, that it take reasonable steps to inform the victim and consider their concerns; and,
• Audio recording: permits victims who do not attend PBC parole hearings to access, upon request, an audio recording of the hearing.

Appendix B - Complaints by CVBR Rights (July 2015 – March 2017)

Date modified:

2018-04-23