Bill C-32

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VICTIM IMPACT STATEMENT — NOT CRIMINALLY RESPONSIBLE

This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.

Your statement must not include

• any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you;

• any unproven allegations;

• any comments about any conduct for which the accused was not found not criminally responsible;

• any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or

• except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition.

The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Describe how the accused’s conduct has affected you emotionally. For example, think of

• your lifestyle and activities;

• your relationships with others such as your spouse, family and friends;

• your ability to work, attend school or study; and

• your feelings, emotions and reactions as these relate to the conduct.

Physical impact

Describe how the accused’s conduct has affected you physically. For example, think of

• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;

• hospitalization or surgery you have had because of the conduct of the accused;

• treatment, physiotherapy or medication you have been prescribed;

• the need for any further treatment or the expectation that you will receive further treatment; and

• any permanent or long-term disability.

Economic impact

Describe how the accused’s conduct has affected you financially. For example, think of

• the value of any property that was lost or damaged and the cost of repairs or replacement;

• any financial loss due to missed time from work;

• the cost of any medical expenses, therapy or counselling; and

• any costs or losses that are not covered by insurance.

Please note that this is not an application for compensation or restitution.

Fears for security

Describe any fears you have for your security or that of your family and friends. For example, think of

• concerns with respect to contact with the accused; and

• concerns with respect to contact between the accused and members of your family or close friends.

Drawing, poem or letter

You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.

 I would like to read or present my statement (in court or before the Review Board).

To the best of my knowledge, the information contained in this statement is true.

Dated this .......... day of .......... 20.........., at .......... .

Signature of declarant

Transitional Provisions

Hearing — subsection 278.3(5)

37. Subsection 278.3(5) of the Act, as that subsection read immediately before the day on which section 6 of this Act comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 14 days after that day.

Restitution requests — section 380.3

38. Section 380.3 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of requests for restitution made to the court under that section 380.3 before that day.

Community impact statements — section 380.4

39. Section 380.4 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of statements filed with the court under that section 380.4 before that day.

Section 423.1

40. Section 423.1 of the Act, as amended by section 12 of this Act, applies only in respect of conduct engaged in on or after the day on which that section 12 comes into force.

Victim impact statements — section 672.5

41. Section 672.5 of the Act, as that section read immediately before the day on which section 22 of this Act comes into force, continues to apply in respect of any statement that was filed with the court or Review Board under that section 672.5 before that day.

Section 718

42. The amendments to section 718 of the Act made by section 23 of this Act apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 23 comes into force.

Victim impact statements — section 722

43. Section 722 of the Act, as that section read immediately before the day on which section 25 of this Act comes into force, continues to apply in respect of any statement that was filed with the court under that section 722 before that day.

Sections 737.1 and 739.1 to 739.4

44. Section 737.1 of the Act, as enacted by section 29 of this Act, and sections 739.1 to 739.4 of the Act, as enacted by section 30 of this Act, apply only in respect of conduct engaged in on or after the day on which those sections 29 and 30 come into force.

1992, c. 20

AMENDMENTS TO THE CORRECTIONS AND CONDITIONAL RELEASE ACT

2012, c. 1, s. 52(1)

45. (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“victim”
« victime »

“victim”, in respect of an offence, means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of the offence.

(2) Section 2 of the Act is amended by adding the following after subsection (2):

Acting on victim’s behalf

(3) For the purposes of this Act, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:

(a) the victim’s spouse, or if the victim is dead, their spouse at the time of death;

(b) the individual who is or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year;

(d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and

(e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

Exception

(4) For the purposes of this Act, an individ- ual is not a victim, or entitled to act on a victim’s behalf, in relation to an offence, if the individual is the offender.

46. (1) Subparagraph 26(1)(b)(iii) of the Act is replaced by the following:

(iii) information pertaining to the offend- er’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan,

2012, c. 1, s. 57(2)

(2) Subparagraphs 26(1)(b)(v) and (vi) of the Act are replaced by the following:

(v) that the offender has been removed from Canada under the Immigration and Refugee Protection Act before the expiration of the sentence, and

(3) Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):

(c) shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public:

(i) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,

(ii) the conditions attached to the offend- er’s temporary absence, work release, parole or statutory release,

(iii) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence; and

(d) shall provide the victim with access to a photograph of the offender taken on the occurrence of the earliest of any of the following — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner’s opinion, to do so would not have a negative impact on the safety of the public:

(i) the release of the offender on unescorted temporary absence,

(ii) the offender’s work release,

(iii) the offender’s release on parole, and

(iv) the offender’s release by virtue of statutory release or the expiration of the sentence.

(4) Section 26 of the Act is amended by adding the following after subsection (1):

Timing of disclosure

(1.1) The Commissioner shall disclose the information referred to in paragraph (1)(c) before the day on which the offender is released and, unless it is not practicable to do so, the Commissioner shall disclose it at least 14 days before that day.

Continuing duty to disclose

(1.2) The Commissioner shall disclose to the victim any changes to the information referred to in paragraphs (1)(a) to (c).

(5) Paragraph 26(3)(a) of the Act is replaced by the following:

(a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

(6) Paragraph 26(4)(a) of the Act is replaced by the following:

(a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and

(7) Section 26 of the Act is amended by adding the following after subsection (4):

Representative

(5) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf, or to whom access to a photograph referred to in paragraph (1)(d) is to be provided. In that case, the victim shall provide the Commissioner with the representative’s contact information.

Withdrawal of request

(6) A victim who has made a request referred to in subsection (1) or (2) may inform the Commissioner in writing that they no longer want the information to be disclosed to them or access to the photograph. In that case, the Commissioner shall not contact them, or their representative, if any, unless the victim subsequently makes the request again.

Deemed withdrawal of request

(7) The Commissioner may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Commissioner has made reasonable efforts to contact the victim and has failed to do so.

Other persons

(8) Subsections (5) to (7) also apply, with any necessary modifications, to a person who has satisfied the Commissioner of the matters referred to in paragraphs (3)(a) and (b) or (4)(a) and (b).

47. The Act is amended by adding the following after section 26:

Victim-offender mediation services

26.1 (1) The Service shall provide every victim, and every person referred to in subsection 26(3), who has registered themselves with the Service for the purposes of this section with information about its restorative justice programs and its victim-offender mediation serv- ices, and, on the victim’s or other person’s request, may take measures to provide those services.

Consent required

(2) The Service’s victim-offender mediation services are to be provided in accordance with the Commissioner’s Directives and they may be provided only with the informed consent of the participants that is voluntarily given.

1997, c. 17, s. 30

48. (1) Subsection 134.1(3) of the Act is replaced by the following:

Conditions to protect victim

(2.1) If a victim, or a person referred to in subsection 142(3), has provided the Board with a statement describing the harm, property damage or loss suffered by them, as the result of the commission of an offence and its continuing impact on them — including any safety concerns — the Board shall impose any conditions on the long-term supervision of the offender that it considers reasonable and necessary to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.

Written reasons

(2.2) If a statement referred to in subsection (2.1) has been provided to the Board and it decides not to impose any conditions under that subsection, it shall provide written reasons for its decision.

For greater certainty

(2.3) For greater certainty, if no statement has been provided to the Board, nothing in subsection (2.1) precludes the Board from imposing any condition under subsection (2).

Duration of conditions

(3) A condition imposed under subsection (2) or (2.1) is valid for the period that the Board specifies.

1997, c. 17, s. 30

(2) Paragraph 134.1(4)(b) of the Act is replaced by the following:

(b) in respect of conditions imposed under subsection (2) or (2.1), remove or vary any such condition.

(3) Section 134.1 of the Act is amended by adding the following after subsection (4):

Obligation — removal or variance of condition

(5) Before removing or varying any condition imposed under subsection (2.1) on an offender, the Board shall take reasonable steps to inform every victim or person who provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.

49. (1) Subsection 140(6) of the Act is repealed.

2012, c. 1, s. 96(2)

(2) Subsection 140(10) of the Act is replaced by the following:

Presentation of statements

(10) If they are attending a hearing as an observer,

(a) a victim may present a statement describing the harm, property damage or loss suffered by them as the result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and

(b) a person referred to in subsection 142(3) may present a statement describing the harm, property damage or loss suffered by them as the result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code, and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender.

(3) Section 140 of the Act is amended by adding the following after subsection (12):

Audio recording

(13) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), who does not attend a hearing in respect of a review referred to in paragraph (1)(a) or (b) as an observer is entitled, after the hearing, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers could reasonably be expected to jeopardize the safety of any person or to reveal a source of information obtained in confidence.

Access to information

(14) If an observer has been present during a hearing or a victim or a person has exercised their right under subsection (13), any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.

50. (1) Paragraph 142(3)(a) of the Act is replaced by the following:

(a) that person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

(2) Section 142 of the Act is amended by adding the following after subsection (3):

Representative

(3.1) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf. In that case, the victim shall provide the Chairperson with the representative’s contact information.

Withdrawal of request

(3.2) A victim who has made a request referred to in subsection (1) or (2) may inform the Chairperson in writing that they no longer want the information to be disclosed to them. In that case, the Chairperson shall not contact them or their representative, if any, unless the victim subsequently makes the request again.

Deemed withdrawal of request

(3.3) The Chairperson may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Chairperson has made reasonable efforts to contact the victim and has failed to do so.

Other persons

(3.4) Subsections (3.1) to (3.3) also apply, with any necessary modifications, to a person who has satisfied the Chairperson of the matters referred to in paragraphs (3)(a) and (b).

51. The Act is amended by adding the following after section 144:

Copy of decision

144.1 At the request of a victim, or a person referred to in subsection 142(3), the Board shall, despite section 144, provide the victim or person with a copy of any decision rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code in relation to the offender and its reasons for that decision, unless doing so could reasonably be expected

(a) to jeopardize the safety of any person;

(b) to reveal a source of information obtained in confidence; or

R.S., c. C-5

AMENDMENTS TO THE CANADA EVIDENCE ACT

2002, c. 1, s. 166

52. (1) Subsection 4(2) of the Canada Evidence Act is replaced by the following:

Spouse of accused

(2) No person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused.

(2) Subsections 4(4) and (5) of the Act are repealed.

53. Section 16 of the Act is amended by adding the following after subsection (3):

No questions regarding understanding of promise

(3.1) A person referred to in subsection (3) shall not be asked any questions regarding their understanding of the nature of the promise to tell the truth for the purpose of determining whether their evidence shall be received by the court.

1996, c. 23

AMENDMENT TO THE EMPLOYMENT INSURANCE ACT

54. Section 133 of the Employment Insurance Act is repealed.

COORDINATING AMENDMENTS

Bill C-13

55. (1) Subsections (2) and (3) apply if Bill C-13 introduced in the 2nd session of the 41st Parliament and entitled the Protecting Canadians from Online Crime Act (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 52(1) of this Act comes into force before section 27 of the other Act, then that section 27 is repealed.

(3) If subsection 52(1) of this Act comes into force on the same day as section 27 of the other Act, then that section 27 is deemed to have come into force before that subsection 52(1).

Bill C-14

56. (1) Subsections (2) to (5) apply if Bill C-14 introduced in the 2nd session of the 41st Parliament and entitled the Not Criminally Responsible Reform Act (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 22(1) of this Act comes into force before subsection 7(4) of the other Act, then that subsection 7(4) is repealed.

(3) If subsection 22(1) of this Act comes into force on the same day as subsection 7(4) of the other Act, then that subsection 7(4) is deemed to have come into force before that subsection 22(1).

(4) If subsection 22(2) of this Act comes into force before subsection 7(5) of the other Act, then on the day on which that subsection 7(5) comes into force, subsection 672.5(16) of the Criminal Code is repealed.

(5) If subsection 22(2) of this Act comes into force on the same day as subsection 7(5) of the other Act, then that subsection 7(5) is deemed to have come into force before that subsection 22(2).

Bill C-26

57. (1) Subsections (2) and (3) apply if Bill C-26 introduced in the 2nd session of the 41st Parliament and entitled the Tougher Penalties for Child Predators Act (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 52(1) of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

(3) If subsection 52(1) of this Act comes into force on the same day as section 20 of the other Act, then that section 20 is deemed to have come into force before that subsection 52(1).

Bill C-479

58. If Bill C-479, introduced in the 1st session of the 41st Parliament and entitled An Act to bring Fairness for the Victims of Violent Offenders, receives royal assent, then, on the first day on which both subsection 6(3) of that Act and subsection 46(4) of this Act are in force, subsection 142(1.1) of the Corrections and Conditional Release Act is replaced by the following:

Timing of disclosure

(1.1) The Chairperson shall disclose the information referred to in subparagraphs (1)(a)(v) to (vii) before the day on which the offender is released and, unless it is not practicable to do so, the Chairperson shall disclose it at least 14 days before that day.

Bill C-489

59. If Bill C-489, introduced in the 1st session of the 41st Parliament and entitled the An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders), receives royal assent, then, on the first day on which both section 5 of that Act and subsection 48(3) of this Act are in force,

(a) subsection 133(3.1) of the English version of the Corrections and Conditional Release Act is replaced by the following:

Conditions to protect victim

(3.1) If a victim or a person referred to in subsection 26(3) or 142(3) has provided the releasing authority with a statement describing the harm, property damage or loss suffered by them as a result of the commission of an offence or its continuing impact on them — including any safety concerns — or commenting on the possible release of the offender, the releasing authority shall impose any conditions on the parole, statutory release or unescorted tempo- rary absence of the offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.

(b) section 133 of the Corrections and Conditional Release Act is amended by adding the following after subsection (6):

Obligation — removal or variance of condition

(7) Before removing or varying any condition imposed under subsection (3.1) on an offender, the releasing authority shall take reasonable steps to inform every victim or person that provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.

COMING INTO FORCE

Ninety days after Royal Assent

60. (1) Sections 1 to 44 and 52 to 54 come into force 90 days after the day on which this Act receives royal assent.

Order in council

(2) Sections 45 to 51 come into force on a day or days to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

Explanatory Notes

Corrections and Conditional Release Act

Clause 45: (1) Existing text of the definition:

“victim” means a person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence and, if the person is dead, ill or otherwise incapacitated,

(a) the person’s spouse or an individual who is — or was at the time of the person’s death — cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,

(b) a relative or dependant of the person,

(d) anyone who has in law or fact custody, or is responsible for the care or support, of a dependant of the person;

(2) New.

Clause 46: (1) to (3) Relevant portion of subsection 26(1):

26. (1) At the request of a victim of an offence committed by an offender, the Commissioner

...

(b) may disclose to the victim any of the following information about the offender, where in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:

...

(iii) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,

...

(v) any of the conditions attached to the offender’s temporary absence, work release, parole or statutory release,

(vi) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence, and

(4) New.

(5) Relevant portion of subsection 26(3):

(3) Subsection (1) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

(a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

(6) Relevant portion of subsection 26(4):

(4) Subsection (2) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

(a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and

(7) New.

Clause 47: New.

Clause 48: (1) Existing text of subsection 134.1(3):

(3) A condition imposed under subsection (2) is valid for the period that the Board specifies.

(2) Relevant portion of subsection 134.1(4):

(4) The Board may, in accordance with the regulations, at any time during the long-term supervision of an offender,

...

(b) in respect of conditions imposed under subsection (2), remove or vary any such condition.

(3) New.

Clause 49: (1) Existing text of subsection 140(6):

(6) Where an observer has been present during a hearing, any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.

(2) Existing text of subsection 140(10):

(10) If they are attending a hearing as an observer,

(a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and

(b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender.

(3) New.

Clause 50: (1) Relevant portion of subsection 142(3):

(3) Subsections (1) and (2) also apply, with such modifications as the circumstances require, to a person who satisfies the Chairperson

(2) New.

Clause 51: New.

Canada Evidence Act

Clause 52: (1) Existing text of subsection 4(2):

(2) The wife or husband of a person charged with an offence under subsection 136(1) of the Youth Criminal Justice Act or with an offence under any of sections 151, 152, 153, 155 or 159, subsection 160(2) or (3), or sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the Criminal Code, or an attempt to commit any such offence, is a competent and compellable witness for the prosecution without the consent of the person charged.

(2) Existing text of subsections 4(4) and (5):

(4) The wife or husband of a person charged with an offence against any of sections 220, 221, 235, 236, 237, 239, 240, 266, 267, 268 or 269 of the Criminal Code where the complainant or victim is under the age of fourteen years is a competent and compellable witness for the prosecution without the consent of the person charged.

(5) Nothing in this section affects a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person.

Clause 53: New.

Employment Insurance Act

Clause 54: Existing text of section 133:

133. Subject to subsections 4(3), (5) and (6) of the Canada Evidence Act, the spouse of a person charged with an offence in respect of a statement or representation as to dependency is a competent and compellable witness for the prosecution without the consent of the person charged.