Order in Council

P.C. 2007-0355, March 15, 2007

JUS-609543 (SOR-DORS)

Whereas, pursuant to paragraph 127.1(1)(c) of the Public Service Employment Act, the Governor in Council may appoint a special adviser to a minister;

And whereas the Governor in Council deems it necessary that there be a special adviser to the Minister of Justice acting as the federal Ombudsperson for victims of crime;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, hereby sets out in the annexed schedule the terms and conditions of employment of the special adviser to the Minister of Justice, to be known as the Federal Ombudsperson for Victims of Crime, who may be appointed by the Governor in Council under paragraph 127.1(1)(c) of the Public Service Employment Act.

Schedule interpretation

1. In this schedule, “victim” means

1. a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of a criminal offence committed within Canada and includes, where the victim is dead, ill or otherwise incapable of asserting their interests, the spouse or common-law partner or any relative of that person or anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person; or
2. in relation to any entitlements under the Corrections and Conditional Release Act, a victim as defined in subsection 2(1) of that Act and any person that the Commissioner of the Correctional Service of Canada determines has met the criteria set out in subsection 26(3) or (4), or that the Chairperson of the Parole Board of Canada determines has met the criteria set out in subsection 142(3), of that Act.

Appointment

2. The Federal Ombudsperson for Victims of Crime (the “Ombudsperson”) shall be appointed by the Governor in Council for a term of three years, which term may be renewed, and may only be removed for cause by the Governor in Council.

Staff

3. The staff of the Office of the Federal Ombudsperson for Victims of Crime shall be employed pursuant to the Public Service Employment Act and shall be within the Department of Justice.

Mandate

4. (1) The mandate of the Ombudsperson shall relate exclusively to matters of federal jurisdiction.

(2) The mandate of the Ombudsperson shall be

1. to promote access by victims to existing federal programs and services for victims;
2. to address complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of crimes committed by offenders under federal jurisdiction;
3. to promote awareness of the needs and concerns of victims and the applicable laws that benefit victims of crime, including to promote the principles set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003 with respect to matters of federal jurisdiction, among criminal justice personnel and policy makers;
4. to identify and review emerging and systemic issues, including those issues related to programs and services provided or administered by the Department of Justice or the Department of Public Safety and Emergency Preparedness, that impact negatively on victims of crime; and
5. to facilitate access by victims to existing federal programs and services by providing them with information and referrals.

Limitations on authority

5. (1) The Ombudsperson shall not review matters that occurred prior to the day on which the Office of the Ombudsperson was established unless the Minister of Justice or the Minister of Public Safety and Emergency Preparedness requests the Ombudsperson to do so.

(2) The Ombudsperson shall not review such matters as

1. recommendations made by the Correctional Service of Canada to the Parole Board of Canada or any provincial parole board;
2. a decision of the Parole Board of Canada or any provincial parole board;
3. a decision of the Correctional Service of Canada as to whether or not to transfer an inmate to another penitentiary or authorize a release, including a work release and escorted or unescorted temporary absences;
4. any court decision, or decisions of judges or justices of the peace;
5. any decision whether or not to prosecute;
6. confidences of the Queen’s Privy Council for Canada; or
7. legal advice provided to the Government of Canada.

Requests for review

6. (1) The Ombudsperson shall commence a review of an issue within the Ombudsperson’s mandate at the request of the Minister of Justice or the Minister of Public Safety and Emergency Preparedness.

(2) The Ombudsperson may commence a review of an issue on the Ombudsperson’s own initiative or on receipt of a request for review from

1. a victim registered under the Corrections and Conditional Release Act in respect of issues relating to the victim’s entitlements under that Act; and
2. any victim, victim service organization or victim advocate regarding other matters within federal jurisdiction.

(3) The Ombudsperson may

1. refuse to deal with a request for a review, except if the request was made by either the Minister of Justice or the Minister of Public Safety and Emergency Preparedness;
2. determine how a review is to be conducted; and
3. determine whether a review should be terminated before completion.

(4) In exercising the discretion set out in subsection (3), the Ombudsperson shall consider such matters as

1. the age of the request or issue;
2. the amount of time that has elapsed since the requester became aware of the issue;
3. the nature and seriousness of the issue; and
4. the extent to which any available redress mechanisms have been exhausted.

(5) The Ombudsperson shall inform the requester of the results of the review or any action taken to respond to their request, but at the time and in the manner chosen by the Ombudsperson.

Accountability and annual report

7. (1) The Ombudsperson shall report directly to and be accountable to the Minister of Justice.

(2) The Ombudsperson shall submit an annual report on the activities of the Office of the Ombudsperson to the Minister of Justice, and the Minister of Justice shall table the annual report in Parliament.

(3) The Ombudsperson may publish an annual report as soon as it has been tabled by the Minister of Justice.

(4) If it appears to the Ombudsperson that information in an annual report may reflect adversely on any person or organization, the Ombudsperson shall give that person or organization an opportunity to comment and shall include a fair and accurate summary of the comments in the annual report. With respect to the inclusion of personal information in the annual report, the Ombudsperson shall comply with the relevant provisions of the Access to Information Act and the Privacy Act and any other applicable Act of Parliament.

Confidentiality

8. The Ombudsperson and persons acting on behalf of the Ombudsperson shall not disclose any information that is acquired while carrying out the Ombudsperson’s responsibilities without permission of any person affected except in accordance with an Act of Parliament.

Other reports and recommendations

9. (1) The Ombudsperson may issue reports, with or without recommendations, at any time concerning any review or other matter that is within the Ombudsperson’s mandate. Recommendations contained in a report may be made to either or both the Minister of Justice and the Minister of Public Safety and Emergency Preparedness, as appropriate.

(2) The Ombudsperson shall attempt to resolve all issues within the Ombudsperson’s mandate at the level at which they can most efficiently and effectively be resolved and shall, in so doing, communicate with any officials that may be identified by the Department of Justice or the Department of Public Safety and Emergency Preparedness, as the case may be.

(3) The Ombudsperson’s recommendations are not binding.

(4) The Ombudsperson may request a management response from the Department of Justice or the Department of Public Safety and Emergency Preparedness, as applicable, that indicates what action is contemplated or being taken with respect to a report’s recommendations or explains why the recommended action will not be taken. If the management response is considered unacceptable or is not received within a reasonable time, the Ombudsperson may submit the report to the Minister of Justice or the Minister of Public Safety and Emergency Preparedness, as applicable.

(5) The Ombudsperson may publish any report, other than the annual report, on the expiry of 60 days after it has been submitted to the Minister of Justice or the Minister of Public Safety and Emergency Preparedness, as applicable.

(6) If it appears to the Ombudsperson that information in a report may reflect adversely on any person or organization, the Ombudsperson shall give that person or organization an opportunity to comment and shall include a fair and accurate summary of the comments in the report. With respect to the inclusion of personal information, the Ombudsperson shall comply with the relevant provisions of the Access to Information Act and the Privacy Act and any other applicable Act of Parliament.