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Archive for the ‘legislation’ Category

CRCVC pleased by government’s proposed reforms to the Corrections and Conditional Release Act

Wednesday, June 16th, 2010

15 June 2010 - The Government today introduced legislation, Bill C-39, to take action on the recommendations contained in the report, titled A Roadmap to Strengthening Public Safety, which is a new vision for federal corrections. The proposed legislation includes the following key reforms:

■eliminating the practice of granting early parole;
■enshrining victims participation in conditional release board hearings, and keeping victims better informed about the behaviour and handling of offenders;
■increasing offender accountability;
■authorizing police to arrest of an offender breaking their release conditions without the need for a warrant; and
■emphasizing the importance of taking into consideration the seriousness of an offence in National Parole Board decision-making.

These changes will ensure the “protection of society” becomes the paramount principle of corrections and conditional release.

The CRCVC is particularly pleased by the proposed changes enshrining the rights of victims and providing them with more information about the offender who harmed them.

Better Support for Victims of Crime
Enshrining in law, a victim’s right to participate in parole board hearings.

Although the Corrections and Conditional Release Act (CCRA) clearly recognizes the interests of victims of crime and the role they play in the correctional and conditional release process, victims and victims’ advocates have voiced dissatisfaction with the current provisions and have called for enhancements. Therefore, a victim’s right to attend and make statements at National Parole Board hearings will be enshrined in law.

Additionally, the CCRA will be amended to expand the information that may be disclosed to victims by CSC and the National Parole Board (NPB). This includes:

■providing information on the reason(s) for offender transfers with, whenever possible, advance notice of transfers to minimum security institutions;
■disclosing information on offender program participation and any convictions for serious disciplinary offences;
■sharing the reasons for a temporary absence from a correctional facility; and
■providing guardians/caregivers of dependents of victims who are deceased, ill or otherwise incapacitated with the same information that victims themselves can receive.

When offenders withdraw their participation 14 days or less before a parole hearing date, the Board may still proceed with a review and decision. This ensures that victims will no longer travel long distances to attend a parole hearing which is then cancelled at the last minute. Victims will also be able to request information on the reasons for a waiver of a parole hearing.

In addition to the proposed reforms to maximize the knowledge available to victims of crime, a National Advisory Committee on Victims Issues co-chaired by the Departments of Justice and Public Safety has been created. This committee gives victims the opportunity to provide input into policies and procedures that impact victims and victims’ services.

Posted in legislation, news, parole |

THE HARPER CRIME AGENDA IS NOT A CRIME VICTIM AGENDA

Monday, May 31st, 2010

By Steve Sullivan
Written for The Hill Times
Printed May 31, 2010

The Prime Minister’s recently summed up his approach to crime victims during his address to a crowd of victims and advocates. He described how the criminal justice system has traditionally focused all of its attention on offenders and not enough on victims, which is true. So you can imagine the audience’s confusion when he spent 95% of his speech talking about offenders.

It should not be surprising. He believes the get-tough-on-crime agenda is synonymous with the crime victim agenda. The common belief that all victims favour harsher penalties is simply not true. The real needs of victims - information, financial, support, etc. – are not addressed by how much we punish the offender.

To be fair, sentencing is an issue for many victims. They expect offenders to be held accountable for their actions. But the truth is tougher sentence will not help the majority of crime victims.

Most victims of violent crime do not even report the crime to the police. Less than 10% of sexual assault victims report the crime. Most child victims will never tell anyone what happened. Tougher sentencing, and all the resources that go with it, will not help these people.
For those victims who report and charges are actually laid and there is a prosecution, the process is often more important than the outcome. If they are engaged throughout the investigation, if they understand why the Crown makes decisions and are given a voice, victims may be less concerned with the sentence. In our current system, we largely ignore victims, make complex decisions without explanation and rarely ask for their input. It is no wonder they look to the sentence (the outcome) for satisfaction because the system (the process) failed them.

To its credit, the government has taken some positive steps. In 2007, they created the Office of the Federal Ombudsman for Victims of Crime, developed an emergency fund to help Canadians victimized abroad and put more resources into Northern communities for victim services because the rates of victimization are so high. The government initiated special temporary residence permits for victims of trafficking that provide legal immigration status to victims, allowing them access to health-care benefits and trauma counselling and the ability to apply for a work permit.

Last summer, the government reversed its position and introduced legislation to require Internet Service Providers to give basic subscriber information to law enforcement without a warrant. This long awaited legislation will address a problem identified as a barrier to finding child victims by child exploitation cops (unfortunately, this bill died when the Prime Minister prorogued and it has not been reintroduced, despite the fact that cops have been begging for it for years to help them to catch child sexual predators and rescue victims).

Instead of building on these positive initiatives and doing more for victims, the government contends its crime agenda is for victims. They contend their initiatives will prevent more victims by keeping offenders off the street longer, but 95% of offenders are coming out of prison one day. Will we really be safer if they stay in prison and extra year or two or three? If the answer is yes, then the government should release the evidence to support these measures. This evidence, or the lack of it, should be front and centre in a debate that is going to cost lots of money during a fiscal crisis.

Which begs the question, why is the government unwilling to be upfront the costs of the crime agenda? According to the Public Safety Minister, one piece of legislation is going to cost $2 billion over five years (others suggest it will be higher). As for the rest of the bills, he would simply rather not share that information. However popular these proposals may be, we need to know what they will cost to determine if it is the best way to spend scarce resources.

Whatever is spent on these measures can’t be spent on initiatives that actually might make a difference in the lives of victims. For example, the government can’t put the resources necessary to help fund Child Advocacy Centres in every major city in this country (which the US Government does). The government can’t fund innovative programs and shelters to help trafficked youth escape a life selling themselves for food and shelter and survival to different men every night. The government can’t provide much needed support to male victims of crime, a truly under-served group of victims who are in desperate need of support. The government can’t fund crime prevention research to address the fact that 2% of Canadians experience 60% of all violent crimes. And the list goes on.

Victims and victim groups are often called upon to support these measures, but if they were given a choice between spending limited resources on offenders or on supporting and protecting vulnerable victims, their answer might not be the one the government wants to hear.

The Prime Minister should reflect back on his speech because his government is focusing all its attention on offenders and not enough on victims.

Steve Sullivan has been an advocate for victims of crime for almost two decades and has testified before numerous Parliamentary and Senate committees. Most recently, he was Canada’s first ever Federal Ombudsman for Victims of Crime.

Posted in criminal justice spending, helping crime victims, legislation, news, offenders, prisons, sentencing |

Tories want to rein in sex offenders

Tuesday, March 23rd, 2010

Heidi Illingworth, Chief Vern White, Senator Pierre-Hugues Boisvenu, Minister Toews, Parliamentary Secretary

March 21, 2010

By KATHLEEN HARRIS, Parliamentary Bureau Chief

OTTAWA — The federal government wants to tighten the noose on convicted sex offenders by reintroducing legislation to toughen up the registry and DNA databank that are used to track them.

Public Safety Minister Vic Toews said he is confident the new measures meet the standards for constitutional rights, noting Canada has not gone the U.S. route of a publicly accessible registry. Some American registries list names and photographs of pedophiles by neighbourhood and crime.

Toews said the amendments will enhance public safety by giving police more tools.

“It will meet the needs of the police and victims’ groups that have clamoured for these changes,” he said, standing at a podium posted with the slogan “Protecting Our Childen.”

Proposed amendments would make sure convicted sex offenders are automatically included in the registry and databank. It would also empower police to use the registry proactively to prevent sexual offences, not just investigate crimes after they have been committed.

The revamped bill, which includes amendments recommended by victims’ groups and MPs on the justice committee, would also allow authorities to include people in the registry who are returning to Canada after being convicted of sex offences outside the country, and would require them to report their conviction to police within seven days of returning to the country.

The registry would also include information about the offender’s car and details of how their crime was committed.

Toews said the change would allow police to run through licence plates of suspicious cars observed near parks or schoolyards.

Based on RCMP figures, Toews estimated some 42% of sex offenders who should be on the registry are currently excluded.

Heidi Illingworth, executive director of the Canadian Resource Centre for Victims of Crime, said the measures would mean fewer sex offenders slipping through the cracks by giving police the tools to prevent as well as solve crimes. “I urge all parliamentarians to quickly pass this into law,” she said.

NDP MP and public safety critic Don Davies called the registry an “important tool” but wants to scrutinize the fine print before passing judgment. He slammed the Conservatives for claiming to be tough on crime then wasting time by proroguing Parliament. He said the bill that could have been law by now will now not likely pass until fall.

“They left Canadian communities less safe by about six months,” he said.

Posted in legislation, news, sex offenders |