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Bill S-265

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-265
An Act to enact the Federal Ombudsperson for Victims of Crime Act, to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime
FIRST READING, May 17, 2023

THE HONOURABLE SENATOR BOISVENU
4412225


SUMMARY

This enactment establishes the Office of the Federal Ombudsperson for Victims of Crime, sets out the Ombudsperson’s powers, duties and functions and makes consequential amendments to certain acts. It also amends the Canadian Victims Bill of Rights to enhance some of the rights granted to victims of crime and establishes a framework for implementing those rights.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


TABLE OF PROVISIONS

An Act to enact the Federal Ombudsperson for Victims of Crime Act, to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime
  
PART 1 
Federal Ombudsperson for Victims of Crime Act
Enactment of Act
1 

Enactment

An Act to establish the Office of the Federal Ombudsperson for Victims of Crime
  

Preamble

Short Title
1 

Federal Ombudsperson for Victims of Crime Act

Interpretation
2 

Definitions

Federal Ombudsperson for Victims of Crime
3 

Office

4 

Federal Ombudsperson for Victims of Crime

5 

Absence or incapacity of Ombudsperson

6 

Remuneration and expenses

7 

Chief executive officer

8 

Employees

Mandate
9 

Powers, duties and functions

10 

Restrictions

11 

Refusal to review complaint

12 

Powers of the Ombudsperson

13 

Other review

14 

Report — complaint

Annual Report
15 

Activity report

Transitional Provisions
2 

Continuation of term of office — Ombudsperson

3 

Continuation of employment — employees

Canadian Victims Bill of Rights
4 

Amendment

Consequential Amendments
5 

Access to Information Act

6 

Financial Administration Act

PART 2 
Canadian Victims Bill of Rights
Amendments
9 

Amendments

Transitional Provision
18 

Training

PART 3 
Victims Rights Implementation Framework
19 

Development

20 

Tabling in Parliament

21 

Report

PART 4 
Coming into Force
22 

Order in council



1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-265

An Act to enact the Federal Ombudsperson for Victims of Crime Act, to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

PART 1 
Federal Ombudsperson for Victims of Crime Act

Enactment of Act

Enactment

1 The Federal Ombudsperson for Victims of Crime Act, whose text is as follows, is enacted:

An Act to establish the Office of the Federal Ombudsperson for Victims of Crime
Preamble

Whereas the Federal Ombudsperson for Victims of Crime has existed since 2007 as a special adviser to the Minister of Justice;

Whereas the Canadian Victims Bill of Rights, adopted in 2015, gave the Ombudsperson the mandate to review complaints against a federal department, agency or body regarding any federal service or program offered to victims of crime;

Whereas Parliament recognizes that, given the Ombudsperson’s evolving responsibilities, the position should report to Parliament;

And whereas it is desirable to create, in law, the Office of the Federal Ombudsperson for Victims of Crime and to set out the Ombudsperson’s powers, duties and functions;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title
Short title
1 This Act may be cited as the Federal Ombudsperson for Victims of Crime Act.
Interpretation
Definitions
2 The following definitions apply in this Act.

Minister means the Minister of Justice. (ministre)

Ombudsperson means the Federal Ombudsperson for Victims of Crime appointed under subsection 4(1). (ombudsman)

Federal Ombudsperson for Victims of Crime
Office
3  The Office of the Federal Ombudsperson for Victims of Crime is established.
Federal Ombudsperson for Victims of Crime
4 (1) The Governor in Council appoints the Federal Ombudsperson for Victims of Crime under the Great Seal, after consultation with the Leader of the Government or Government Representative in the Senate, the Leader of the Opposition in the Senate, the leader or facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.
Tenure and term of office
(2) The Ombudsperson holds office during good behaviour for a term not exceeding five years but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
Full-time employment
(3) The Ombudsperson is to engage exclusively in the duties and functions of their office under this Act or any other Act of Parliament and is not to hold any other office or engage in any other employment for reward.
Absence or incapacity of Ombudsperson
5 (1) If the Ombudsperson is absent or unable to act or if the office of Ombudsperson is vacant, the Minister must appoint an acting Ombudsperson, who is not to be appointed for a term of more than 90 days without the approval of the Governor in Council.
Powers, duties and functions
(2) The acting Ombudsperson exercises the powers and performs the duties and functions of the Ombudsperson under this Act or any other Act of Parliament.
Remuneration and expenses
6 (1) The Ombudsperson receives the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work.
Compensation
(2) The Ombudsperson is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act, to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Chief executive officer
7 The Ombudsperson is the chief executive officer of the Office of the Federal Ombudsperson for Victims of Crime and has the control and management of the Office and all matters connected with it.
Employees
8 (1) The employees who are necessary to carry out the work of the Office of the Federal Ombudsperson for Victims of Crime are to be appointed in accordance with the Public Service Employment Act.
Assistance
(2) The Ombudsperson may engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the Ombudsperson’s work to advise and assist the Ombudsperson in the performance of their duties and functions and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
Mandate
Powers, duties and functions
9 The Ombudsperson provides support and assistance to victims of crime and their families and, in particular,

  • (a) facilitates access to federal services and programs offered to victims of crime by providing them with information and referral services;

  • (b) reviews complaints against a federal department, agency or body regarding any federal program or service offered to victims of crime;

  • (c) reviews Acts of Parliament and Government of Canada policies relating to victims of crime and federal services and programs offered to them;

  • (d) directs victims of crime to the services and programs offered in their community or province;

  • (e) implements education and information programs for the appropriate authorities in the criminal justice system and for other interested parties to enhance their understanding of victims’ needs and concerns and of the applicable legislation, including the Canadian Victims Bill of Rights;

  • (f) identifies issues that have a negative effect on victims of crime; and

  • (g) makes recommendations to the Minister to bring about positive changes for victims of crime.

Restrictions
10 The Ombudsperson is not permitted to review complaints relating to

  • (a) a recommendation of the Correctional Service of Canada to the Parole Board of Canada or to a provincial parole board;

  • (b) a decision of the Parole Board of Canada or of a provincial parole board; or

  • (c) a decision of the Correctional Service of Canada concerning a transfer or an authority to release from detention, including a work release or a temporary absence with or without escort.

Refusal to review complaint
11 The Ombudsperson may refuse to review any complaint, or end any review of a complaint, if they are of the opinion that it is frivolous or vexatious or is beyond their jurisdiction.
Powers of the Ombudsperson
12 (1) In reviewing a complaint, the Ombudsperson may take the measures that they deem appropriate, including

  • (a) summoning and enforcing the appearance of any person that the Ombudsperson believes can provide information concerning the complaint, compelling them to give oral or written evidence on oath, and administering oaths;

  • (b) requiring any person to produce any information that the Ombudsperson believes the person is able to produce in relation to the complaint and to produce any document or thing that the Ombudsperson believes relates to the review of the complaint and that may be in the possession or under the control of that person; and

  • (c) making copies of any document or examining any thing produced in accordance with paragraph (b).

Return of documents or things
(2) The Ombudsperson must return any document or thing produced under paragraph (1)‍(b) to the person who produced it within 10 days after receiving a request for its return, but nothing in this subsection precludes the Ombudsperson from again requiring its production under that paragraph.
Other review
13 (1) The Ombudsperson may, on their own initiative or at the request of the Minister, review any matter within the scope of the Ombudsperson’s powers, duties and functions.
Powers
(2) In conducting the review, the Ombudsperson may exercise the powers described in section 12.
Report — complaint
14 (1) At the conclusion of a review arising from a complaint, the Ombudsperson must prepare a report containing a summary of the complaint and the Ombudsperson’s findings and recommendations, and send it to the complainant and to the federal department, agency or body to which the complaint relates.
Report — other review
(2) If the review is conducted on the Ombudsperson’s own initiative or at the request of the Minister, the Ombudsperson must prepare a report containing a summary of the matter under review and their findings and recommendations, and submit it to the Minister.
Annual Report
Activity report
15 (1) Within three months after the end of each fiscal year, the Ombudsperson must submit a report to the Minister on their activities in that year that includes a summary of the complaints submitted to the Ombudsperson under subsection 25(2) of the Canadian Victims Bills of Rights.
Tabling of report
(2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is received.
Publication of report
(3) The Ombudsperson must publish the report on the Office of the Federal Ombudsperson for Victims of Crime website within 30 days after it is tabled in Parliament.

Transitional Provisions

Continuation of term of of„fice — Ombudsperson

2 The person who, on the day immediately before the coming into force of section 3 of the Federal Ombudsperson for Victims of Crime Act, held the position of special adviser to the Minister known as the Federal Ombudsperson for Victims of Crime, is deemed to have been appointed under subsection 4(1) of that Act for the remainder of their term in office.

Continuation of employment — employees

3 Nothing in this Act affects the status of any employee who, immediately before the day on which this section comes into force, occupied a position in the Department of Justice with the special adviser to the Minister known as the Federal Ombudsperson for Victims of Crime, except that the employee, as of the day on which this section comes into force, occupies the position in the Office of the Federal Ombudsperson for Victims of Crime established under section 3 of the Federal Ombudsperson for Victims of Crime Act.

2015, c. 13, s.‍2

Canadian Victims Bill of Rights

4 Subsection 25(2) of the Canadian Victims Bill of Rights is replaced by the following:

Complaint to Federal Ombudsperson
(2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with Insertion start the Federal Ombudsperson for Victims of Crime Insertion end .

Consequential Amendments

R.‍S.‍, c. A-1

Access to Information Act

5 Schedule I to the Access of Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Start of inserted block
Start of inserted block

Office of the Federal Ombudsperson for Victims of Crime

Bureau de l’ombudsman fédéral des victimes d’actes criminels

End of inserted block
End of inserted block

R.‍S.‍, c. F-11

Financial Administration Act

6 Schedule I.‍1 to the Financial Administration Act is amended by adding in alphabetical order, in column I, a reference to
Start of inserted block
Start of inserted block

Office of the Federal Ombudsperson for Victims of Crime

Bureau de l’ombudsman fédéral des victimes d’actes criminels

End of inserted block
End of inserted block

and a corresponding reference in column II to “Minister of Justice”.

7 Schedule V to the Act is amended by adding the following in alphabetical order:
Start of inserted block
Start of inserted block

Office of the Federal Ombudsperson for Victims of Crime

Bureau de l’ombudsman fédéral des victimes d’actes criminels

End of inserted block
End of inserted block
8 Part III of Schedule VI to the Act is amended by adding in alphabetical order, in column I, a reference to
Start of inserted block
Start of inserted block

Office of the Federal Ombudsperson for Victims of Crime

Bureau de l’ombudsman fédéral des victimes d’actes criminels

End of inserted block
End of inserted block

and a corresponding reference in column II to “Federal Ombudsperson for Victims of Crime”.

PART 2 
Canadian Victims Bill of Rights

2015, c. 13, s. 2

Amendments

9 The portion of section 6 before paragraph (a) of the Canadian Victims Bill of Rights is replaced by the following:

General information
6 Every victim has the right, Insertion start without Insertion end request, to information about

10 The portion of section 7 before paragraph (a) of the Act is replaced by the following:

Investigation and proceedings
7 Every victim has the right, Insertion start without Insertion end request, to information about

11 The portion of section 8 before paragraph (a) of the Act is replaced by the following:

Information about offender or accused
8 Every victim has the right, Insertion start without Insertion end request, to information about

12 The Act is amended by adding the following after section 13:

Support and assistance services
Start of inserted block
13.‍1 Every victim has the right to have access to legal, social, medical and psychological services that are suited to their needs and circumstances.
End of inserted block

13 Section 16 of the Act and the heading before it are replaced by the following:

Start of inserted block
Right to Reparations
End of inserted block
Reparations
16 Every victim has the right to Insertion start obtain reparations for the harm done to them as the result of the commission of an offence, including the right to Insertion end
  • Start of inserted block

    (a) have access to restorative justice programs; and

    End of inserted block

  • Insertion start (b) Insertion end  have the court consider making a restitution order against the offender.

14 The Act is amended by adding the following after section 17:

Enforcement — assistance
Start of inserted block
17.‍1 Every victim in whose favour a restitution order is made has the right to obtain assistance to have the order entered and enforced.
End of inserted block

15 Section 20 of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after that paragraph:

  • Start of inserted block

    (d.‍1) abrogate or derogate from the rights of victims to access to justice and to procedural fairness in the administration of the criminal justice system; or

    End of inserted block

16 Subsection 25(2) of the Act is replaced by the following:

Complaint to authority
(2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with Insertion start the Insertion end authority Insertion start designated by the Governor in Council Insertion end to review complaints in relation to that department, agency or body.

17 The Act is amended by adding the following after section 29:

Start of inserted block
Training
End of inserted block
Development
Start of inserted block
30 (1) The Minister of Justice must develop training on the rights under this Act. The training is to be for any person employed by an authority in the criminal justice system who plays a role in implementing the rights of victims.
End of inserted block
Review and updating
Start of inserted block
(2) The Minister must review the training at least every three years and update it if necessary.
End of inserted block
Consultation
Start of inserted block
(3) In developing, reviewing or updating the training, the Minister must consult the representatives of the provincial governments who are responsible for the administration of justice in their respective provinces and other relevant stakeholders.
End of inserted block
Employee of authority in criminal justice system within legislative authority of Parliament
Start of inserted block
(4) Every authority in the criminal justice system within the legislative authority of Parliament must ensure that every person it employs who plays a role in implementing the rights of victims receives the training

  • (a) within three months after the date on which their employment begins; and

  • (b) at least every three years after that date.

    End of inserted block
Employee of authority in criminal justice system within legislative authority of province
Start of inserted block
(5) The Minister must ensure that the training is available to any employee of an authority in the criminal justice system within the legislative authority of a province.
End of inserted block

Transitional Provision

Training

18 Every authority in the criminal justice system within the legislative authority of Parliament must ensure that every person whose employment began before the day on which section 17 comes into force who plays a role in implementing the rights of victims of crime receives the training provided for in this section no later than one year after the day on which it comes into force.

PART 3 
Victims Rights Implementation Framework

Development

19 (1) The Minister of Justice must develop an implementation framework setting out how the rights of victims of crime under the Canadian Victims Bill of Rights are to be implemented and upheld in matters within the legislative authority of Parliament.

Consultation

(2) In developing the implementation framework, the Minister must consult the representatives of the provincial governments who are responsible for the administration of justice in their respective provinces and other relevant stakeholders.

Contents

(3) The implementation framework must include

  • (a) the mechanisms for assessing the availability of assistance services for victims of crime and the implementation and upholding of the rights under sections 6 to 8 of the Canadian Victims Bill of Rights;

  • (b) the remedies available to victims of crime to obtain reparations when their rights under this Act are not upheld;

  • (c) minimum standards for support and assistance services for victims of crime, including legal, social, medical and psychological services;

  • (d) a national public awareness campaign to inform Canadians of their rights as victims of crime;

  • (e) mechanisms to strengthen the participation of victims of crime in the criminal justice system;

  • (f) mechanisms to make the parole process more conducive to the participation of victims of crime and their families;

  • (g) mechanisms to enable victims of crime to be heard by the appropriate authorities in the criminal justice system during sentencing and consideration of an application for parole; and

  • (h) every legislative amendment within the legislative authority of Parliament that, in the opinion of the Minister, is necessary for implementing the rights under this Act or the implementation framework.

Tabling in Parliament

20 (1) No later than the first anniversary of the day on which this Act receives royal assent, the Minister of Justice must prepare a report setting out the implementation framework and cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

Publication

(2) The Minister must publish the report on the website of the Department of Justice within 10 days after the day on which the report is tabled in Parliament.

Report

21 Within five years after the day on which the report referred to in subsection 20(1) is tabled in Parliament, the Minister of Justice must cause to be tabled in each House of Parliament a report setting out

  • (a) an assessment of the effectiveness of the components of the implementation framework; and

  • (b) any findings or recommendations of the Minister regarding the implementation framework.

PART 4 
Coming into Force

Order in council

22 (1) Subject to subsection (2), sections 1 to 8 come into force on a day to be fixed by order of the Governor in Council.

Royal recommendation

(2) No order may be made under subsection (1) unless the appropriation of moneys for the purposes of the Federal Ombudsperson for Victims of Crime Act has been recommended by the Governor General and the moneys have been appropriated by Parliament.

Section 17

(3) Section 17 comes into force one year after the day on which this Act receives royal assent.

Coordination

(4) If section 4 comes into force on the same day as section 16, section 16 is deemed never to have come into force and is repealed.

Published under authority of the Senate of Canada


EXPLANATORY NOTES

Canadian Victims Bill of Rights
Clause 4: Text of subsection 25(2):

(2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body.

Access to Information Act
Clause 5: New.
Financial Administration Act
Clause 6: New.
Clause 7: New.
Clause 8: New.
Canadian Victims Bill of Rights
Clause 9: Text of relevant portion of section 6:

6 Every victim has the right, on request, to information about

Clause 10: Text of relevant portion of section 7:

7 Every victim has the right, on request, to information about

Clause 11: Text of relevant portion of section 8:

8 Every victim has the right, on request, to information about

Clause 12: New.
Clause 13: Text of the heading and section 16:
Restitution

16 Every victim has the right to have the court consider making a restitution order against the offender.

Clause 14: New.
Clause 15: Text of relevant portions of section 20:

20 This Act is to be construed and applied in a manner that is reasonable in the circumstances, and in a manner that is not likely to

  • . . . 

  • (d) endanger the life or safety of any individual; or

Clause 16: Text of subsection 25(2):

(2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body.

Clause 17: New.

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