Multi-Site Survey of Victims of Crime and Criminal Justice Professionals Across Canada

1. Background and Introduction

1. Background and Introduction

In the early 1970s, federal, provincial and territorial governments became involved in program development and legislative amendments for victims of crime. In 1973, the two orders of government entered into cost-sharing agreements on criminal injuries compensation programs where the federal government promoted minimum standards for compensation and encouraged provinces and territories to implement improvements to victim services.

In the 1980s, the government moved beyond financial compensation for injury to the consideration of an expanded role for victims in the justice system. The federal/provincial/ territorial (FPT) Task Force on Justice for Victims of Crime called for the provision of information to victims, increased funding of programs and services, a broadening of the definition of damages qualifying for compensation, and the introduction of victim impact statements at sentencing.

The Department of Justice Canada (DOJ) also co-sponsored the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power in 1985. The federal and provincial/territorial governments adopted this document as a guide for a Canadian statement. The Canadian Statement of Basic Principles of Justice for Victims of Crime was originally drafted in 1988 and contained principles for the promotion of access to justice, fair treatment, and assistance for victims of crime. (The full text of the 2003 Statement is included in Appendix A.)

As a result of fiscal restraint, federal support for the criminal injuries compensation schemes ended in 1992. With the cessation of federal funding, and facing their own fiscal restraints, some provinces and territories cut back criminal injuries programs, while others terminated these programs altogether. Still other provinces responded by introducing a victim surcharge on provincial offences or by diverting provincial funds to expand victim services.

During this period, a prominent and vocal victims advocate movement emerged, partly in response to media accounts of high profile murders and sexual assaults. These victim advocacy groups highlighted the plight of victims in dealing with police, Crown Attorney, courts, and correctional services, emphasizing the need for increased participation of victims in the criminal justice system.

In response to a motion tabled by a Member of Parliament calling for a Victim Bill of Rights, the Minister of Justice supported a referral of this issue and the broader issue of the role of the victim in the criminal justice system, to the Standing Committee on Justice and Human Rights. As a result, the House of Commons Standing Committee on Justice and Human Rights launched a comprehensive review of the role of victims of crime in the criminal justice system. The subsequent report, Victims' Rights - A Voice, Not a Veto, made many recommendations for change including amending the Criminal Code to facilitate victims' involvement in the criminal justice system. The report was identified as the starting point for "a federal plan of action and strategy to improve the situation of the victim," which is a key component of the "broader goal to increase the confidence of the people of Canada in our criminal justice system."

In March 2000, the federal government launched the Victims of Crime Initiative (VCI) and established the Policy Centre for Victim Issues (PCVI) to administer and implement the Initiative. The overall goal of the VCI is to increase the confidence of victims in the criminal justice system by:

In addition to the federal response, several provincial and territorial initiatives have taken place simultaneously. Provinces and territories have implemented legislation, programs, or policies reflecting the philosophy of the Canadian Statement of Basic Principles of Justice for Victims of Crime, such as the establishment of victim services programs.

1.1 Recent Criminal Code Provisions Intended to Benefit Victims

1.1.1 Bill C-79

In 1999, Parliament introduced Bill C-79 to "enhance the safety, security and privacy of victims of crime in the criminal justice system."[2] The amendments highlighted the need to establish a balance between the rights of accused and the rights of victim witnesses. They also emphasized the importance of "courtesy, security and privacy" [3] being extended to victims by those working in the criminal justice system. Specifically, Bill C79 amended the Criminal Code:

In addition, Bill C-79 prompted changes to provisions regarding bail decisions. The Standing Committee, along with victim advocates and service providers, stressed the importance of considering victims' safety in decisions relating to the release of a suspect or an accused pending the first appearance in court. The amendments to the Criminal Code stipulate that a judicial officer responsible for a case - police officer, justice of the peace, or judge - must consider the safety of the victim in making a decision about bail. In the event that an offender is granted judicial interim release, the judge must consider including any condition of bail that is necessary to ensure the safety and security of the victim, including that the offender have no direct or indirect contact with the victim.

Further, the Report of the Standing Committee, as well as consultations with victims and victim advocates, concluded that victims receive insufficient information about the criminal justice system in general as well as the cases in which they are involved. For example, where an offender is convicted of murder and is sentenced to life imprisonment, Bill C-79 requires that judges inform victims' survivors when the offender is eligible to apply for early parole.

1.1.2 Amendments to the Corrections and Conditional Release Act (CCRA)

A related legislative initiative in the evolution of the federal response to victims' needs emerged from a statutory review of the CCRA in 1999-2000 by a special subcommittee of the Standing Committee on Justice and Human Rights. Their May 2000 report, "A work in progress: The Corrections and Conditional Release Act, " recommended changes that included increasing the amount of information provided to victims of crime by the Correctional Service Canada (CSC) and the National Parole Board (NPB), giving victims the opportunity to prepare and read a statement at parole hearings, and making it possible for victims to listen to a tape-recording of the parole hearing. Effective July 2001, victims of crime are entitled to present prepared impact statements at Parole Board hearings. Additional policy and legislative changes remain under review.

1.2 Purpose of the Study

The purpose of this study is to gather information on a wide range of issues concerning the criminal justice system as it pertains to victims and criminal justice professionals, with a particular emphasis on recent Criminal Code provisions. Findings from this study will generate evidence to inform future legislative reforms and policy changes by providing insight on the following issues:

1.3 Outline of the Report

This report is divided into several sections. Section 2.0 describes the methodology used to complete the research. Section 3.0 reports the findings from the victim interviews, while Section 4.0 reports the survey findings from criminal justice professionals. Section 5.0 summarizes these findings. The report also includes three appendices, namely, Appendix A, The Canadian Statement of Basic Principles of Justice for Victims of Crime; Appendix B, the letter of introduction sent to invite respondent participation; and Appendix C, the interview guides and questionnaires.