Canadian Laws  Corrections and Conditional Release Act (CCRA) – Governs Correction Services Canada (CSC) and National Parole Board (NPB)

Download Report

Transcript Canadian Laws  Corrections and Conditional Release Act (CCRA) – Governs Correction Services Canada (CSC) and National Parole Board (NPB)

Canadian Laws

Corrections and Conditional Release
Act (CCRA)
– Governs Correction Services Canada
(CSC) and National Parole Board (NPB)

CCRA’s definition of a victim:
Someone to whom harm was done or
who suffered physical or emotional
damage as the result of an offence
Publicly Available Information



Type of offence and court
Length of sentence and start of
sentence
Eligibility and review dates for parole
Information Available to
Victims







Location of penitentiary
Release date
Hearing dates
Conditions attached to parole/release
Where offender is released to
Whether offender is in custody
Whether offender has appealed, and
outcome of appeal
Victims’ Rights


Victim Impact Statement
Attendance at parole hearings
– Victim’s Travel Fund


May request that offender does not
contact them
Victim-offender mediation



“November 21, 2000 was the darkest day our family has ever
experience. Our lives, mine and the lives of my wife and three
daughters were changed forever as we learned piece by piece what
had happened to Patricia, our daughter, our children’s beloved sister.
Every day we struggled to try to remember the beautiful and loving
person she was…
I know that love does not seek revenge. We do not want a life for a
life. Love seeks healing, peace and wholeness. Hatred can never
overcome hatred. Only love can overcome hatred and violence…
Judge Goger, that is the reason we are not asking for the death
penalty. I know that “Forgive us our trespasses as we forgive those
who trespass against us” was not meant to be empty words. I don’t
know if I have forgiven you, Ivan Christopher Simpson, for what you
did. All I know is that I don’t hate you, but I hate with all my sould
what you did to Patricia.”
Victim Impact Statement

Emotional Impact
– How has your life changed or the lives of those close to
you?
– What are some of the feelings you have been
experiencing?
– What are some of the reactions you have had to cope
with? For example, trouble sleeping or eating, difficulty
concentrating?
– Has there been a change in how you feel about yourself
since the crime?
– Has there been a change in how you are able to relate to
others like your friends, your parents or other family
members?
– Have you been talking to a doctor or a counsellor to get
support or help you cope?
Victim Impact Statement

Physical Impact
– What are some of the physical injuries you or your family
has suffered?
– How long did the injuries take to heal or how long does
the doctor say it will it take to heal the injury?
– What medical treatment did you get or will you need in
the future?
– How have the injuries changed your lifestyle such as going
to school, work or playing sports?
Victim Impact Statement

Financial Impact
– How the crime has affected you or your family's ability to
work or the number of days you missed from work
because of the crime.
– If you have paid or owe money for bills because of the
crime.
– The cost of medical, dental, psychological treatment.
– The costs of prescription medication or physiotherapy, etc
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
1. Victims of crime should be treated with
courtesy, compassion, and respect.
2. The privacy of victims should be
considered and respected to the greatest
extent possible.
3. All reasonable measures should be taken
to minimize inconvenience to victims.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
4. The safety and security of victims should
be considered at all stages of the criminal
justice process and appropriate measures
should be taken when necessary to
protect victims from intimidation and
retaliation.
5. Information should be provided to victims
about the criminal justice system and the
victim's role and opportunities to
participate in criminal justice processes.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
6. Victims should be given information, in
accordance with prevailing law, policies,
and procedures, about the status of the
investigation; the scheduling, progress and
final outcome of the proceedings; and the
status of the offender in the correctional
system.
7. Information should be provided to victims
about available victim assistance services,
other programs and assistance available to
them, and means of obtaining financial
reparation.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
8. The views, concerns and representations
of victims are an important consideration
in criminal justice processes and should be
considered in accordance with prevailing
law, policies and procedures.
9. The needs, concerns and diversity of
victims should be considered in the
development and delivery of programs and
services, and in related education and
training.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
10. Information should be provided to victims
about available options to raise their
concerns when they believe that these
principles have not been followed.
Canadians Against Violence Everywhere
Advocating its Termination (CAVEAT)
“CAVEAT wants a legal
system that shares
information and is
accountable for its decisions.
We seek justice, not revenge.
We assert that public
protection must be the
overriding goal of the justice
system and that the rights of
offenders should not be
greater than those of their
victims.”
PETITION TO THE HOUSE OF COMMONS
IN PARLIAMENT ASSEMBLED

"We, the undersigned residents of Canada, in support of
the parents of Nina de Villiers, draw the attention of the
House to the following:
"THAT the murder of Nina de Villiers on the ninth of
August, 1991, has exposed serious deficiencies in the
criminal justice system. There are many vulnerable
persons who have little protection under the current
system. Women, children and disabled persons are at
particular risk;
"THAT crimes of violence against the person are
intolerable and constitute the most abhorrent crime
society faces;
PETITION TO THE HOUSE OF COMMONS
IN PARLIAMENT ASSEMBLED

"THAT current criminal law does not require bail
hearings in crimes of violence to be presided over by
Judges;
"THAT current criminal law may require only a simple
signature on a document, with no money actually
posted, as surety for the release of accused perpetrators
of crimes of violence;

"THAT sentencing in crimes of violence does not
appropriately reflect society's abhorrence of violence in
order to act as a true deterrent, and to protect the
public by removal of the offender from society;
PETITION TO THE HOUSE OF COMMONS
IN PARLIAMENT ASSEMBLED

"THAT the risk to society posed by the early release of
a violent offender appears to be of secondary
consideration to the rights of the individual criminal;
"THAT the statutes governing the criminal justice
system in Canada must be revised to reflect societal
attitudes.
"THEREFORE, your petitioners request that Parliament
recognize that crimes of violence against the person are
serious and abhorrent to society and amend the Criminal
Code of Canada, the Bail Reform Act of 1972 and the
Parole Act accordingly.
Canadian Victim Advocacy Groups

Victims of Violence

Citizens United for Safety and Justice

Victim Assistance Canada (VACAN)


Canadian Resource Centre for Victims of Crime
(CRCVC)
Mothers Against Drunk Driving (MADD)