The Standing Committee on Justice and Legal Affairs has the honour to present its
(Interim Report)
Pursuant to Standing Order 108(2), your Committee has considered the subject-matter of the Motion No. 168
(Victims' Bill of Rights).
Your Committee adopted the following Report with recommendations which read as follows:
The Committee has been considering the subject matter of Motion 168 (Victims' Bill of Rights) pursuant to Standing Order 108(2).
The Committee has heard several witnesses who made recommendations on how they would wish us to further study this matter. The Committee will, in this interim report, set out the process it wishes to follow in studying this important matter.
The Committee also has some interim recommendations for consideration by the government to further victims' rights.
EXISTING SUPPORTS FOR VICTIMS
The Committee is aware that in 1988, the then Minister of Justice entered into an agreement on victims' rights with his provincial and territorial counterparts. At that time, all Canadian ministers of Justice agreed to adopt a uniform policy statement of Victims' Rights which would, thereafter, be used to guide their legislative and administrative initiatives in the criminal justice area.
A copy of that statement is included as Appendix A to this interim report.
The Committee was informed that, while the statement of Victims' Rights was agreed to by the then Minister of Justice and considered to be part of official departmental policy, it has never been formally adopted by either the full Cabinet or the Parliament of Canada. Moreover, the fact that the statement of Victims' Rights is departmental policy has not been widely publicized. In the Committee's view, this lack of public information makes government less accountable for its Victims' Rights policy
RECOMMENDATIONS
The Committee makes the following recommendations:
1. That the Government of Canada formally adopt the principles set out in the statement of Victims' Rights contained in Appendix A to this report.
2. That the Government of Canada, in conjunction with provincial and territorial governments, explore ways to inform the Canadians about this policy and its application.
FURTHER STUDY
The Committee heard that there is a variety of victim-witness services in the provinces and territories and that program delivery from community to community is uneven. There have been some efforts by the federal, provincial and territorial Ministers to share information and to coordinate services among jurisdictions. In spite of this, and in spite of the adoption by federal, provincial and territorial Ministers of the statement of Victims' Rights in Appendix A, there remains dissatisfaction with the justice system on the part of victims and others.
RECOMMENDATION
The Committee makes the following recommendation:
1. That the Department of Justice be asked to review relevant federal statutes and identify legislative options that would enhance victims' ability to collect restitution orders and that the Department report back to this Committee during the first month of sittings after September 1, 1997.
AGREEMENT
1. The Committee agrees that it will undertake a national consultation on the issue of a Victims' Bill of Rights and that it will consult widely, giving special attention to the following:
- * the funding of victim-witness programs;
* the need for legislation to support victims and witnesses;
* the best means to deliver services to victims and witnesses throughout the country; and
* other related issues.
At the conclusion of this consultation process, the Committee will report back to the House of Commons with its findings and recommendations.
REQUEST FOR GOVERNMENT RESPONSE
The Committee requests that the Government provide a comprehensive response to its Report in accordance with Standing Order 109.
A copy of the relevant Minutes of Proceedings of the Standing Committee on Justice and Legal Affairs (Issues Nos. 10 and 11, which includes this report) is tabled.
Respectfully submitted,
Chair.