An Open Letter to the Government of Canada:  It’s time for victims and survivors of crime to have enforceable rights. 

We all want to treat survivors with compassion and respect. It has been nine years since the Canadian Victims Bill of Rights (CVBR) came into force. It was encouraging to see all-party support to strengthen the CVBR from the House of Commons Standing Committee on Justice and Human Rights, when they published their study on Improving Support for Victims of Crime in December 2022. It was equally encouraging to see a commitment to “strengthening federal efforts to uphold victims’ rights under the CVBR” in the Government’s response (April 2023). This momentum can lead us to meaningful reform ahead of the 10-year anniversary of the CVBR in 2025.

We can do better.

• When victims report a crime to the police, tell them their rights – don’t expect them to ask.
• When independent legal advice is available, tell victims so they are better protected.
• When a victim’s safety is at risk, provide tangible help and referrals to victim services.
• When a victim needs counselling, help them access it and respect their privacy.
• When a restitution order is made, help the victim collect the funds.
• When a person is removed from Canada because of a criminal offence, tell the victim.
• Ensure testimonial aids are not unreasonably withheld.
• Legislate the authorities of the Ombudsperson to better protect survivors who file complaints.
• Remove or consider changes to sections 28 and 29 of the CVBR so survivors have more access to recourse.
• Ensure all proposed criminal justice legislation complies with the quasi-constitutional provisions of the CVBR.
• Monitor the implementation of victim rights through updated statistical measures and commit to ongoing evaluation and training.
• Affirm that upholding the rights of victims of crime serves the interests of justice and the proper administration of justice.

There are simple ways to improve how we treat victims and survivors that are cost-effective and don’t interfere with the rights of the people who harmed them. Violent crime is not against the state, it’s against people. Reconciliation is not possible without their voices.

We also recognize that many people in prison have histories of trauma and victimization that could have been interrupted if they received more effective support when they needed it most. Effective responses to victimization promote equity and improve safety for everyone.

We invite all parties to cooperate in the coming year to strengthen victim rights.

Together, we can build a safer, more compassionate Canada.

Benjamin Roebuck (he/him)
Federal Ombudsperson for Victims of Crime

Backgrounder 

In 2015, the Canadian Victims Bill of Rights (CVBR) marked a significant culture change in Canada’s legal framework, moving towards a criminal justice system (CJS) that gives greater consideration to victims and survivors of crime. Still, the 2022 National Justice Survey found that only 17% of Canadians were aware of the CVBR, while 81% believed it was important to know about it[1]. Information is a gateway right because when victims of crime aren’t offered information, it is difficult to access their other rights.

The Act prevents victims from enforcing their rights by removing or limiting the remedies available to them.

While the CVBR has primacy over other legislation when there is an inconsistency, it does not grant victims standing to challenge the inconsistencies in Court. The CVBR is one of the only quasi-constitutional laws in Canada without a Commissioner to oversee its implementation. The Federal Ombudsperson for Victims of Crime requires legislated protections to ensure victims who file complaints are not subject to subpoena or reprisal. The Correctional Investigator has this protection under section 189 of the Corrections and Conditional Release Act (CCRA).

Positive changes

The CVBR has strengthened the recognition of victims in the criminal justice system. We have also seen tangible improvements such as community impact statements, restitution orders, access to bail and probation orders, and expanded access to information victims receive from federal institutions. The passing of Bill S-12 in 2023 is another important milestone. For the first time, courts must ask victims if they want to receive information about the offender’s sentence and its administration.

A way forward

In 2022, there was all-party support for amendments to the CVBR from the House of Commons Standing Committee for Justice and Human Rights (JUST) (Improving Support, 2022).[2] Most of the JUST Committee recommendations, and those made in the OFOVC’s 2020 Progress Report on the CVBR [3] don’t require fundamental changes to the CJS itself, but rather a broadening of perspective, one that includes the victim’s lens throughout the criminal justice process.

The Government’s response [4] to the JUST Committee committed to “strengthening federal efforts to uphold victims’ rights under the CVBR”. Our Office also issued a formal response [5] to the Committee’s report, informed by complaints we have received from victims of crime, conversations with stakeholders, advocates and consultations with our advisory circles.

Our team is currently conducting a national systemic investigation into how survivors of sexual assault are treated in the criminal justice system. We hope that by the time we release our final report in 2025, many of the challenges we have identified will have already been addressed.

Let’s work together with a sense of urgency to ensure that, before we celebrate the CVBR’s 10th anniversary, victims and survivors of crime have enforceable rights. The time to act is now.