Federal Victims Strategy, Mid-term Evaluation
2. FEDERAL VICTIMS STRATEGY DESCRIPTION
- 2.1. Objectives of the Federal Victims Strategy
- 2.2. Overview of the Federal Victims Strategy
- 2.3. Federal Victims Strategy Resources
2. FEDERAL VICTIMS STRATEGY DESCRIPTION
2.1. Objectives of the Federal Victims Strategy
The objective of the FVS is to improve the experience of victims of crime in the criminal justice system by:
- working with partners to enhance victim participation in the criminal justice system;
- ensuring that victims of crime and their families are aware of their role in the criminal justice system and services and assistance available to support them;
- enhancing capacity to develop policy, legislation and other initiatives which take into consideration the perspectives of victims;
- increasing the awareness of criminal justice system personnel, allied professionals and the public about the needs of victims of crime, legislative provisions designed to protect them and services available to support them; and,
- developing and disseminating information about effective approaches both within Canada and internationally to respond to the needs of victims of crime.
2.2. Overview of the Federal Victims Strategy
Within the Department, the FVS activities are administered through the PCVI, which is mandated to develop and coordinate all federal policy and legislation relating to victims of crime, ensure that the victim’s perspective is considered in the development of relevant federal policy and legislation, conduct research, develop PLEI material, provide a centre of expertise on victim issues, promote mutually agreed upon FPT initiatives, lead and support the FPT Working Group (FPTWG) on Victims of Crime, and administer the Victims Fund. With the Director of Public Prosecutions, the PCVI also supports the federal government in its responsibility for court-based victim support through support for CWCs in the three territories.
Each activity is described in more detail below.
2.2.1. Federal/Provincial/Territorial Working Group on Victims of Crime Secretariat coordination
The PCVI is the Secretariat responsible for co-coordinating and chairing the FPTWG on Victims of Crime. The FPTWG on Victims of Crime consists of Directors of provincial and territorial Victim Services from every Canadian province and territory and has representation from other federal departments (NPB, RCMP, Correctional Services Canada (CSC), PSEPC) as well as representation from other Department of Justice partners including the Family, Children and Youth Section, Sentencing Reform, and the Aboriginal Justice Strategy. Statistics Canada (Canadian Criminal Justice Statistics) also participates in the FPTWG on Victims of Crime. The FPTWG works jointly with other working groups such as the FPTWG on Restorative Justice, the Ad Hoc Working Group on Spousal Abuse and the FPT Working Group on Sentencing.
The purpose of the FPTWG on Victims of Crime is to:
- facilitate implementation of victim-related Criminal Code amendments by providing information and advice to provinces and territories and to identify challenges with its implementation;
- provide a forum to share information and expertise across jurisdictional boundaries as well as identify and discuss emerging issues;
- identify and conduct research needed to support the provinces and territories;
- strengthen inter-jurisdictional linkages;
- provide the Department of Justice/PCVI with information on jurisdictional priorities and expectations and experiences with the Victims Fund; and,
- provide a venue for informal evaluation of programs and legislation.
2.2.2. Criminal law reform and policy development
The activities undertaken under this component include: research, policy development, legal analysis and case law reviews, consultations and conference participation, as well as international activities such as participation in meetings of international bodies such as the United Nations and providing Canada’s position with respect to international documents relating to victims.
Research activities include collecting data on victimization, developing and implementing research studies, conducting surveys, providing statistical services and analysis, assessing victim needs, undertaking polling research, and analyzing the results of research and policy implications. The PCVI monitors and assesses the implementation of victim-related Criminal Code amendments and develops options in this respect. Statistical and legal research is conducted by the PCVI to review related legislation from the perspective of victims, and identify the needs of victims and gaps in services and information.
The PCVI advises the Minister of Justice on emerging issues. It also analyses proposals for Criminal Code amendments, and those specifically related to victims of crime, and reviews related legislation to ensure it includes a victims of crime perspective. An essential element of the PCVI’s work is to consult closely with NGOs, including service providers, advocates and other criminal justice system representatives (e.g., police, bar) on victim issues, at both the national and regional levels. An Advisory Committee (the Victims of Crime Advisory Committee) to the PCVI composed of victim service providers, advocates and NGOs has been established to identify concerns, develop options and strategies, share information and develop capacity to respond to victim needs. The PCVI also provides and obtains advice on victim issues from other Department of Justice program areas that also deal with victims of crime (e.g., family violence, Aboriginal justice, youth justice, restorative justice). In addition, the PCVI provides support to litigators on interpretation and Charter litigation.
Two key changes related to victims were brought about to amend the Criminal Code in 2005:
- Bill C-2 – An Act to Amend the Criminal Code (Protection of Children and other Vulnerable Persons) and the Canada Evidence Act (SC 2005, c 32)
Under Bill C-2, which received Royal Assent in 2005, amendments were made to facilitate the testimony of child victims and witnesses under 18 years of age as well as other vulnerable victims and witnesses by providing a clearer and more consistent test for the use of aids such as screens, closed-circuit television and support persons.
More specifically, testimonial aids are now mandatory upon application for all child victims and witnesses under the age of 18, unless it interferes with the proper administration of justice. In addition, testimonial aids are available on a discretionary basis to facilitate the testimony of vulnerable adult victims and witnesses, such as victims of spousal abuse and sexual assault. The aids are available to adult victims and witnesses where it can be demonstrated that because of the surrounding circumstances (including the nature of the offence and any relationship between the victim/witness and the accused) they would be unable to provide a full and candid account without the testimonial aid. In cases involving victims of criminal harassment where the accused is self-represented, an order is mandatory upon application for the appointment of counsel to conduct the cross-examination of the victim, unless the judge believes it interferes with the proper administration of justice.
Testimonial aids have been available to assist victims and witnesses since 1988; however, these amendments are intended to provide greater clarity and consistency to the testimonial aids provisions which had been amended in a piecemeal fashion over the previous twenty years. The amendments are intended to provide young victims with greater certainty that testimonial aids will be granted and make testimonial aids available to adult victims and witnesses for the first time. - Bill C-10 – An Act to Amend the Criminal Code (Mental Disorder) and to make consequential amendments to other acts (SC 2005, c 22)
Bill C-10 modernized the law relating to mentally disordered accused, persons found not criminally responsible on account of mental disorder and persons found unfit to stand trial. The imperative came after a statutory review of the legislation undertaken by the Standing Committee on Justice and Human Rights in 2002 and related consultations with victim advocates and service providers brought to light related victim issues.
In terms of the victim-related amendments to the legislation, the amendments permit victims to read their Victim Impact Statements at Review Board Hearings, unless the Review Board decides there are compelling reasons why this would be inappropriate. The amendments were designed to ensure that sufficient notice is given to victims about disposition hearings and provides Review Boards with similar powers to the courts to protect the identity of victims.
2.2.3. Grants and Contributions through the Victims Fund
The overall aim of the Victims Fund is to improve the experience of victims of crime in the criminal justice system. For 2005-2006 and 2006–2007, the Fund had $2 million a year to meet its objectives. Funding was provided under three components: provincial and territorial implementation, projects and activities, and financial assistance. The objectives for each of these components for the first two years of the Strategy are described below.
Provincial and Territorial Implementation
The purpose of this component is to support implementation of FPT legislation for victims of crime, particularly provisions of the Criminal Code and the Canadian Statement of Basic Principles of Justice for Victims of Crime. Funding from this component supports the establishment or enhancement of programs to support the implementation of victim-related FPT legislation (including capital expenditures, PLEI, training).
Projects and Activities
This component provides financial assistance through grants and contributions to government and non-government organizations to encourage the development of new approaches, promote access to justice, improve the capacity of service providers, and foster the establishment of referral networks and/or increase awareness of services available to victims of crime and their families. The following types of projects and activities may be supported:
- pilot projects;
- evaluation of service delivery approaches;
- public education initiatives;
- enhanced assistance to victims of crime;
- increased awareness of and access to services and assistance;
- establishment of referral networks and training initiatives;
- projects that increase access to such services in northern, rural and Aboriginal communities;
- projects that respond to emerging issues in victimization; and
- initiatives that support victims engaged in restorative justice, community justice and/or alternative measures.
Financial Assistance
This component provides the following:
- (a) limited financial assistance to individual victims of crime or surviving family members faced with unusual or extreme hardship due to criminal victimization where no other adequate source of financial assistance is available;
- (b) financial assistance to surviving family members of homicide victims to attend early eligibility parole hearings; and
- (c) financial assistance to victims of federally sentenced offenders to attend NPB hearings. [5]
2.2.4. Developing and/or providing public legal education and information materials and products
The PCVI collects and synthesizes studies and reports and acts as a clearinghouse of information. It maintains up-to-date information on available programs and services for victims in Canada. Specifically, the PCVI maintains a Website and prepares fact sheets, guides/manuals and brochures on Criminal Code amendments, funding available and victim issues. Provincial and territorial governments, as well as other federal departments, send new policy direction documents or training material to the PCVI for inclusion in their resource centre.
Other activities include: the in-house development of new materials (e.g., additional fact sheets, updates to a Resource Guide for National Victims of Crime Awareness Week); the development of some materials under contract with PLEI organizations and other non-governmental groups; ongoing Website development and maintenance; supporting National Victims of Crime Awareness Week (NVCAW) activities; displays at conferences and other events, as well as the distribution of material generally; and press releases and backgrounders or summaries announcing new legislative initiatives, international developments, research and grants and contributions.
2.2.5. Building the Capacity of Northern Service Providers
The rate of violent crime and victimization in the North is significantly higher[6] than similar crimes in the rest of Canada. The high concentration of victimization is further compounded by the remoteness and isolation of communities that characterize much of the North and the consequential lack of social and criminal justice services, especially for victims, in these communities.
The federal government plays a unique role in the North. Whereas Criminal Code offences are prosecuted by provincial Attorneys General, the situation in the territories is different. In Nunavut, Northwest Territories and the Yukon, responsibility for prosecuting Criminal Code offences resides with the federal Attorney General[7].
Since 2001, the PCVI has undertaken activities to enhance the capacity of service providers in the three territories. Working with territorial governments, the PCVI provides funding for training, networking, research and consultations. With other federal government departments, the PCVI conducts activities to increase the capacity of federal CWCs. It provides funding for the salary of three CWCs, specialized training events and networking meetings.
Federal CWCs work within the Public Prosecution Service of Canada to undertake many tasks on behalf of court-based victims/witnesses and the Crown Prosecutors in their territory. With the Crown, in a culturally relevant manner, they inform victims and witnesses about the criminal justice system. Their role is to explain the victim’s rights under the law and provide referral services, where they exist, and to keep victims and witnesses informed of what is going on from the beginning of the court proceedings to the end, including follow up after the case is over, as much as possible. Central to their role, given the cultural context of the victims they assist, is that they provide key court information to victims and witnesses in a culturally relevant manner. In addition, CWCs provide significant support to victims given that many communities in the territories have no services for victims to draw upon. As a result, the federal CWC may be the only support available to the victim.
CWCs also act as a liaison between the Crown and the victim/witness. They prepare the victim/witness for what they can expect from their meeting with the Crown, and they provide feedback to the Crown about any concerns related to victim/witness, including risk and safety issues, and other issues which might impede the involvement of a victim/witness in the criminal justice system.
2.3. Federal Victims Strategy Resources
The budget for the FVS comprises two amounts of approved funding administered by the PCVI. The sum of $25 million was approved in 2005 to extend funding for the victims initiatives over five years[8] which will sunset in 2009-2010. In addition, $30.4 million was approved in 2006-2007 for enhancements to the Strategy flowing through the PCVI for four years set to sunset in 2010-2011. (The 2006 budget provides $52 million in total over four years for the Federal Strategy: PCVI is responsible for $30.4 million of that total, the remaining funds are within PSEPC and the Office of the Ombudsman.)
In total, the annual budget of PCVI is approximately $12.5 million. Of that, $7.75 million is dedicated to the Victims Fund.
| Year | VCI | Enhancements | Total under FVS |
|---|---|---|---|
| 2005/2006 | $5M | - | $5M |
| 2006/2007 | $5M | - | $5M |
| 2007/2008 | $5M | $7.6M | $12.6M |
| 2008/2009 | $5M | $7.6M | $12.6M |
| 2009/2010 | $5M | $7.6M | $12.6M |
| 2010/2011 | - | $7.6M | $7.6M |
| Total | $25M | $30.4M | $50.4M |
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