Parliamentary Committee Notes: Support for the Federal Ombudsperson for Victims of Crime
Issue:
The Office of the Federal Ombudsperson for Victims of Crime (OFOVC) is an independent resource for victims in Canada. The Office works at arm’s length to government to ensure that policy makers and other criminal justice personnel are aware of victims' needs and concerns and to identify important issues and trends that may negatively impact victims.
Proposed Response:
- Addressing the needs of victims of crime in Canada is a shared responsibility among all levels of government.
- Technical and administrative support is provided to the Office of the Federal Ombudsperson for Victims of Crime by the Department of Justice. The Office was created in 2007 to assist victims of crime and their families by providing assistance in accessing existing services, addressing complaints and making recommendations to the federal government on how to meet its responsibilities to victims of crime.
- Public Safety Canada and its Portfolio partners work closely with the Federal Ombudsperson to ensure that the needs of victims are being met, including promoting access to federal services, addressing complaints, and working to resolve issues in policy or legislation that might negatively impact victims.
Background:
The mandate of the Office of the Federal Ombudsperson for Victims of Crime (OFOVC) relates exclusively to matters of federal jurisdiction and includes the following key activities:
- to promote access by victims to existing federal programs and services for victims;
- to address complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act (CCRA) that apply to victims of crimes committed by offenders under federal jurisdiction;
- 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;
- 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
- to facilitate access by victims to existing federal programs and services by providing them with information and referrals.
The Office operates at arm’s length from the federal departments responsible for victim issues. The Ombudsperson reports to Parliament through the Minister of Justice. A great deal of the Ombudsperson’s work focuses on identifying and reviewing issues related to victims programs and services provided or administered by the Public Safety Canada (PS) Portfolio (i.e., the Correctional Service of Canada (CSC), the Parole Board of Canada and the National Office for Victims). The Ombudsperson makes recommendations through a variety of ways, including through letters to the Minister; submissions to Parliamentary committees, through annual reports tabled in Parliament as well as special reports and through meetings with responsible authorities. Under the Terms and Conditions of Employment, 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. A special report can be published by the Ombudsperson 60 days after submitting it either to the Minister of Justice or the Minister of Public Safety, as applicable. Recommendations contained in these reports are not binding.
Both the Correctional Investigator and the Ombudsperson appeared as witnesses before the Standing Committee on Public Safety and National Security while it studied the “Rights of Victims of Crime, Reclassification and Transfer of Federal Offenders”. They noted their views of an imbalance of victim and offender rights in Canada and advocated for general parity between their offices in terms of resources and independence. The OFOVC receives some administrative services from Justice Canada in addition to its annual budget of $1.5 million to deliver on its mandate. In its 2020-21 annual report, the Office reported opening 644 files (586 Eng & 58 Fr). In comparison the Office of the Correctional Investigator has an annual budget of $7.5 million and reported opening 5,204 cases (3,169 internal resolutions, 2,035 investigations) in 2021-22.
On November 29, 2023, the OFOVC provided a submission to the Standing Committee on Public Safety and National Security entitled, Rights of Victims of Crime, Reclassification and Transfer of Federal Offenders. The submission contained nine recommendations:
- consideration for victim geography;
- consideration for additional relationship contexts;
- automatic provision of discretionary information to registered victims;
- advance notifications of pending transfers;
- access to detailed information and resources related to transfers;
- provision of written explanation when advance notifications are not possible;
- amending the CCRA to stipulate victims’ rights;
- use of trauma informed and violence-informed approaches; and
- simplification of sharing safety concerns or requesting geographic restrictions.
More recently, the Ombudsperson shared, on February 22, 2024, their response to the report of the Standing Committee on Justice and Human Rights Committee on “Improving Support for Victims of Crime” with your office. Their response contained 14 recommendations, 7 pertaining to the PS Portfolio, which included:
- provide information to victim automatically;
- make better use of victims statements and community Impact Statements;
- legislate a better balance between the rights of individuals, offenders, and victims;
- allow greater flexibility for the voices of victims to be heard;
- require consent from Indigenous victims for Elder-Assisted Hearings requested by non-Indigenous offenders;
- ensure consistent funding for restorative justice; and
- limit the number of allowable cancellations of parole hearings.
Additionally, amongst the other recommendations, was an appeal for increasing the funding for the OFOVC for greater effectiveness and a strengthened mandate.
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