Consultation Reports

INDEX
- Forward
- Calgary: Consultation of Victim Advocates and Victim Service Providers
- Edmonton: Consultation of Victim Advocates and Victim Service Providers
- Lost Identities: Victims' Rights in Canada

CAVEAT Alberta is pleased to have the opportunity to present issues and concerns to the Summit consultation process.

We set out, for this Summit, to define and illustrate victims' rights and needs in Alberta. From years of advocacy with CAVEAT, we can identify and define many. We believe, however, that collecting stories and concerns from victims and victim advocates is important to illustrate the real needs and issues and that, for this package, it would be relatively simple to do. What at first seemed simple has, at times been arduous and overwhelming.

Some victims who were enthused about defining victims' rights and needs have fallen silent. This silence has neither to do with their ability to articulate or write, nor their ability to be motivated or driven. We believe that this silence is because of the following:

• the plunge back to the crime and aftermath, which brings with it symptoms, both physical and emotional related to the initial trauma and stress. i.e.: numbness, despair, insomnia, grief, anger
• the ovewhelming nature of the task of defining the needs of victims. For so long, our voices have not been heard. Victims' rights issues cover many areas of the criminal code and the judicial process. They also cover rights and needs associated with support, services and recovery. Each one of these topics, in itself, is huge. Trying to condense these many, many needs has been an awesome task.
• some victims have no hope that there will ever be change.
• some victims have too much distrust and fear of revealing their experience in such a "public" way, especially victims and co-victims of extreme forms of violence.

At times, this type of advocacy feels like we are running an underground railroad for a group of people with no rights who live in fear. We commend those who have courageously told of their experience. We believe that from victims' stories we learn where REAL victims' needs lie. We learn where to affect change that is sustained and has a positive effect on society.

Many conferences, inquests, consultations and forums have been held over the last few years. The concerns and recommendations of victims brought forward do not seem to be heard, understood or implemented. There still remains no provincial or federal plan of action to attend to the needs of victims for appropriate levels of support and services nor to have their rights respected. There is also still no recognized avenue for the voices of victims. Until this happens, there will be a perception by most victims and members of the public that there is an imbalance in the system. All the Charter Rights of the accused are respected, and every need (medical, educational, legal, psychological, etc.) of the accused are met and paid for. Victims wonder how the Charter protects their need for life, liberty and security of person. For too long victims have been marginalized or promises made without fruition. It is a national disgrace.

We hope that these consultations will be ongoing, with long term, sustained growth in the areas of victim support, information, services, recovery and rights. It is only by setting short and long term goals for victims that the justice system will gain the confidence of those offended by crime and the public. Without a plan for long term change, these consultations and discussions get lost in a quagmire of empty rhetoric, leaving victims and their families once again disappointed, frustrated and wondering if there is any hope for change at all.

Victims deserve an action plan for the future from both the Provincial and Federal governments.

How many times must victims and victims' organizations massage the same information so that it is palatble enought for action? I asked the same question in June, when I attended a forum in Ottawa on the Victims" role in the Criminal Justice System. This forum included members of the Standing Committee on Justice and Human Rights, victims, victims' organizations, service providers and lawyers and MP's from across Canada. The round table discussions lasted two days. The overwhelming realization that I came to is that the concerns and issues expressed by everyone at the table were similar across the country. Not only is there consistency in the issues, but the same frustration arose about the issues not being addressed after many groups having been consulted to death.

CAVEAT Alberta facilitated a consultation process for the Summit in the "victims" sector" in Alberta over the summer. We were very curious to see if issues that came up provincially would be similar to the ones that came up nationally. Not only were they similar, they are alarmingly the same. With the exception of a few regional differences there is solidarity on the important issues facing victims. As well, there was a common skepticism that one more consultation process would make a difference.

We happen to believe that we MUST participate in this consultation process. We never know when the timing is right, when the right person or persons will hear, understand and affect change.

"There must be no quick fixes, no demagoguery, no grandstanding. The brutality and indignity of violent vcitimization requires a response that is nothing less that earnest, informed, compassionate and judicious. There is no quick remedy to the innocent victims's plight. Only the sustained efforts of federal, [provincial] and local governments, combined with the resources of the private sector, can restore the balance to the criminal justice system."

"I have a belief, you see, that the spirit of the law is towards justice. And when it has been warped away from justice, it must be brought back on track."

We respectfully submit this package that illustrates the need for victims' rights, support, services and recovery. We urge you to read these sensitive victim stories with empathy and care.

Our prayer is that we have represented victims in a responsible manner.

Attending Agencies

• Airdrie & District V/Assis.
• Drumheller Victim Services
• Calgary Victim Assis. Unit
• Calgary Legal Guidance
• CAVEAT Canadians Against Violence Everywhere Advocating its Termination
• CCASA Calgary Communities Against Sexual Assault
• Domestic Conflict Unit
• Cochrane Victim Services
• AASAC Alberta Association of Sexual Assault Centers

Members of all victim organizations in the Southern Alberta region were invited to attend this Calgary meeting to voice issues related to the victim sector.

1., 2., After introductions and an overview of the Alberta Summit on Justice, attendees were broken into small groups and asked to discuss victims issues and concerns arising from each subject heading. The issues were then brought forward to the group for agreement and concensus and recorded. Following is a listing of the issues that arose.

3. Preamble/ Vision: Where do we envision the system going?

• User friendly for victims at all stages
• Implementation of victim's rights
• Broader definition of victim i.e.: UN Declaration 1988
• System based more on justice than on punishment
• Equality of rights and treatment between victim & offender
• A system whereby all victims have access to education, information, services, access to support services, court proceedings and where the safety concerns are addressed
• Recognition of children's rights
• Office for victims of crime to supply information, resources, advocacy, and referrals
• Ensuring rights are respected

4. The Role of Victim in the Justice System:

• Equal rights for victim and accused
• Inclusion of victim's voice in court proceedings
• Legal counsel for victims
• Input in plea bargains, victim must be given reasonable time to consider plea
• Dual/equal disclosure
• Victim input in bail hearings and release conditions
• Influence, input and knowledge of sentencing
• Notification of a successful appeal
• Information mandatory to victims of their rights and services available
• Victims treated with respect
• Victims to be heard at all stages of the legal process and their input considered
• A move from being treated as evidence to being treated as a victim
• Victim's past history not included in the case
• Limits to postponements

5. Victim Services:

• Ensure stable and adequate funding for services for all victims
• Ensure staffing and resource technologies
• Standardization for services all across the provinces
• Mandated referral policy for RCMP
• Mandated policies and procedures for the RCMP
• Stronger community partnerships
• Adequate education and training ongoing for volunteers
• Funding for promotion and marketing of services
• Police awareness of victim definition and victimology
• Adequate victim services units across the Province
• Transferring information across provincial jurisdictions

6. Compensation / Restitution:

• Funding for counseling for victims from onset of victimization
• Funding for victims to attend trials, hearings, appeals
• Compensation for ongoing medical procedures related to crime
• Remove "Blame" clause (victim contributed to victimization)
• Victim definition to include victims of homicide (expanded)
• Compensation (long term ) should not be revoked
• A system is needed like "maintenance enforcement" for restitution
• Financial "benefits" should be changed to financial "compensation"
• Review of repayment of compensation
• Seizure of assets to pay for restitution
• Standard across Canada for entitlement
• Speedier process for application
• Orders for compensation / restitution were offenders have not been charged or caught
• Better procedures for crown to introduce in court
• Legal counsel for victims in case of an appeal

7. Victim Impact Statements (V.I.S.)

• Education for crown on the use of V.I.S. and support for verbal V.I.S.
• Better process for V.I.S. , inclusion in the process throughout case
• Crown and police should review V.I.S.
• Limited disclosure to the offender of V.I.S.
• Victims need to know V.I.S. exists
• Should be used after conviction (timing)
• Victim should have choice to do written or verbal V.I.S.
• Eliminate cross-examination of verbal V.I.S.
• V.I.S. should be updated at all stages of the process
• V.I.S. should be done at parole hearings, choice to do it orally, no cross examination

8. Information for Victims

Victims should have speedy access to information so they can make informed choices regarding their level of involvement at all stages of the process:

victim services, parole, detention, legal rights, appeals, breaches, arrests, victim impact statements, compensation, investigation, court procedures, plea bargains, restitution, releases and conditions of release

• Clarity on roles: who provides what information
• Provincial official hot line needed for victims
• Funding for marketing, promotion, and awareness of programs available to victims

9. Recovery for Victims

• Access to adequate funding for therapy
• Follow up to help victim recover throughout aftermath of crime
• Education for service providers including police on victimology
• Access to services
• Retraining for employment when effected by crime
• Support for interpreters
• 24hr. access to services

10. Protection for Victims from Intimidation and Harassment:

• Safety concerns for victim must be paramount
• Defining intimidation and harassment for victims
• Protection for child witnesses, the disabled, immigrant women and marginalized
• groups during the court process
• Readily available safety plans
• Legal aid for victims more accessible
• Expand and develop shelters to include a broader definition of victims of
• violence and include men
• Funding for security measures for victims
• Breaches should be dealt with seriously on the first breach
• Flag files for high risk victims
• Information for victims on no contact orders, peace bonds, safety plans etc.
• Co-ordinate services with police
• Screens for child witnesses and the disabled

11. Fine Surcharges/Funding Concerns:

• Mandating criminal code fine surcharges
• Matching money from Justice for surcharge revenues
• Education for judges & crowns on use of benefits of surcharges
• Seizure of assets to pay surcharge
• Better funding for quality Crown Prosecutors
• Funding for victim advocates
• Assured funding for RCMP victim services

12. Accountability:

• All players in the system must be accountable.
• Clear definition of roles and responsibility to ensure accountability
• Clear definition and mechanism for sharing of information
• Accountability for breaches by the accused

13. Victims of Crime Legislation: Does it Go Far Enough?

• Consistent implementation of legislation in Alberta
• Federal standardization of Provincial Acts
• Remedies for victims' rights
• "Shall" words to be changed to "Must"
• Victims' rights ensured
• Implementation of recommendations from inquiries, task forces, consultations, etc.
• Official recognition of victims' voice in the system
• Avenue for victim advocacy and victims' voice
• Ombudsman, Office for Victims of Crime supported by provincial justice
• Accountability of implementation
• Broader definition of "victim" to reflect UN Declaration of 1988

14. Have your say / Alberta Summit on Justice Booklet

Booklets were discussed and distributed for use by advocates and service providers.

Attending Agencies

• Sherwood Park RCMP
• Victim Services Unit
• Boyle Street Co-op
• Edmonton Police Service (EPS)
• CAVEAT Alberta
• Community Services, Spousal Violence
• Counselling Services / Prevention of Family Violence, Goodfish Lake
• People Against Impaired Driving
• Westlock Victim Services Unit

Members of all victim organizations in the Northern Alberta region were invited to attend this Edmonton meeting to voice issues related to the victim sector.

1., 2., After introductions and an overview of the Alberta Summit on Justice, attendees were broken into small groups and asked to discuss victims issues and concerns arising from each subject heading. The issues were then brought forward to the group for agreement and concensus and recorded. Following is a listing of the issues that arose.

3. Preamble: Where do we envision the system going?

• More user friendly system for victims
• Time efficient court proceedings
• A broader definition of "victim" (as per United Nations Declaration 1988)
• Victimology education and training for all justice workers and service providers
• Entrenched rights for victims; equity of rights for victims/offenders
• Consistency of services provided to all victims
• Increased availability of services across the province
• More community involvement and alternatives to traditional justice
• More information to victims so they can make informed choices

4. Role of the victim in the Justice System

• More inclusion of victim's voice in court proceedings
• Dual disclosure (prosecutor/defense)
• Victim input into plea bargaining decisions
• Education and information for victims (informed choices)
• Prevention of secondary victimization/ education and training of service providers
• More effective and efficient liaison with the court
• Use victim experience to inform and educate (verbal, written)
• Identify different ways to express victimization (children, disabled, immigrants)
• Greater role for victim in proceedings (plea bargains, etc.)
• Options for victims on how to procede in case
• Validated role for victims other than just crown witness
• Respect for victim input

5. Victim Services

• More services in rural areas, on reserves
• Longer follow-up on victim files through aftermath of crime
• More information and support for the victims through aftermath of crime
• Public education on victimization and services available
• Marketing of victim service and benefits of programs
• Improve education and on-going training for service providers and volunteers
• Access to emergency funding for victims
• Easier transfer of information between the provinces
• Minimum benchmark for services to be established
• Stable and adequate funding for services
• Stronger community partnerships
• Free counseling for victims from onset of victimization
• Expansion of womens' shelters, shelter definition to include men, accommodations
• Education of justice partners regarding victim services and their benefits
• Recognizing target populations, cultures, rural/urban, etc.

6. Compensation and Restitution

• More streamlined process (ie: crimes compensation, fatality act)
• More user friendly for victim, easier access
• More opportunities for restitution to be obtained by victims in ways other than the traditional system (that relate to the crime)
• More victim input in restitution
• Restitution from fine surcharges
• Awards for Crime Compensation should not affect current income; compensation should be separate
• Accessible funding for out-of-pocket expenses for the victim
• Definition of "victim" should follow UN Declaration of Principles 1988
• Compensation where offenders have not been caught, charged or convicted
• Education in victimology for all justice partners

7. Victim Impact Statements (V.I.S.)

• Mandatory after conviction, pre-sentencing
• Education for crown prosecutors, judges on the use and benefits of V.I.S.
• Victims should have a choice of verbal, written or recorded V.I.S.
• V.I.S. should be a part of the transcript/file that follows the offender
• V.I.S. should be updated (ongoing) by victim
• More validity and role of V.I.S. in sentencing decisions
• Limit exposure of victim impact statements to the accused
• Process for use of victim impact statements should be streamlined
• Processing of V.I.S. and Restitution forms should be done by Alberta Justice

8. Information to Victims

• More willingness needed on the part of Alberta Justice to partner in information sharing with service providers
• A seamless delivery of information is needed for the victim during the entire process including sentencing appeals, releases, plea bargaining
• One free court transcript must be available per victim or victim's family
• Information must be provided to victim on legal rights, victim services, victim impact statements, the justice process, proceedings
• A provincial hot-line, office for victim information is required
• Marketing and promotion of victim services is necessary

9. Recovery for Victims

• Free counseling provided for victims
• Opportunity for victims to participate in a varitey of restorative justice options like community conferencing and victim offender mediation
• Education and ongoing training in victimology (trauma, bereavement, post-traumatic stress disorder, dynamics of sexual assault, domestic violence, etc.) for service providers, justice stakeholders, correction workers
• Access to advocacy for victims when they encounter roadblocks, gaps in the system or information gathering
• Recovery support throughout the aftermath of the crime including post-sentencing

10. Protection for the Victim

• The victim needs protection from media harassment
• The safety of the victim must be paramount
• Separate waiting area for victims are necessary in the courthouse
• Flag high-risk victims' files for protection
• Notification to victim of release of offender, breaches of parole
• Where there is a victim at risk, it should be the responsibility of the police to share information with the service providers and justice officials
• There should be sharing of information between civil/criminal/family/youth courts regarding custody provided, restraining orders, etc.
• Limit the disclosure of the victim impact statement to the offender if the victim feels threatened
• Victims should have a choice on publication bans

11. Fine Surcharges / Funding Concerns

• Sustained, adequate funding is required for victims' programs
• Victim funding should be a priority and reflect an integral part of the system
• Fine surcharges must be levied on each conviction
• Judges need education on the use and benefits of surcharges
• Victim surcharge should not be included with Fine Options Programs

12. Accountability in the system

• There should be a victim ombudsman, an avenue for victims' voices and victim advocacy, an office for victims
• Basic standards of operation, policies and roles of justice stakeholders would enhance accountability
• The legal system / justice system should be a "just" system
• There must be accountability by the offender and the system for breaches
• Must be accountability for crown to provide information to the victim on the process and plea bargains
• Access to legal counsel must be provided for victims
• Logical consequences for crimes
• Victims can help identify the harm which would lead to more meaningful consequences

11. Victims of Crime Acts - Do They Go Far Enough?

• There must be entrenched rights for victims..
• There must be national standardization of Victims of Crime Acts.
• Definition of victim to be broadened to read like the UN Declaration 1988
• There must be official recognition and an avenue for the voice of victims.
• Remedies and accountability must be included in victims' legislation

12. Have Your Say - Alberta Summit on Justice Booklet

Particpants in the consultation were provided with "Have Your Say" booklets and information on how to submit papers to the Summit on Justice.

An Alberta Perspective
submitted by CAVEAT Alberta

The movement to obtain victims' rights is too often, in Canada, portrayed as the quest of victims for revenge. This gross oversimplification marginalizes this identity group (1) and places their concerns in isolation. It also polarizes the debate for victims' rights between what is perceived as the agenda of the political right and that of the political left. Recent changes have been tragedy driven and victims' tragedies have been used as political footballs by politicians.

• Victims issues are human right issues. They should be treated in a non-partisan manner.

  Our present justice system exists in an offender-centered paradigm. For decades the rights of the accused and the rights of the offender have been considered in the areas of arrest, bail, hearings, trials, sentencing, rehabilitation, release and parole. We have been told by members of the legal community that the Charter of Rights was designed to protect the rights of the accused. Seldom have the rights of the victim been considered.

• Canadians believe that the Charter was intended to protect the rights, the life, liberty and freedom of ALL Canadians.

Who considered victims when it was decided that a victim impact statement could be cross-examined? (Sandy Atkin, Calgary, AB)

Who considered victims when the Askov decision was made? Victims have a right to a speedy trial as well as the accused! Where does that decision leave thousands of victims?

Who considers victims when conditional sentences are handed down for rape, habitual drunk driving, serious assaults?

Who considers homicide survivors when the parents of a murdered child have to prove in legal argument that they are victims and have no rights? (Farions, Edmonton, AB; Stephens, B.C.)

What is generally misunderstood is our goal; that is, to achieve balance in the system, to obtain recognition, support, information, services and recovery for victims. It is only in the last two decades that services were provided to victims and only in the last few years that victims' rights have been discussed seriously in Canada. The movement for rights for victims of crime is an international one, with many of these jurisdictions including victims in their justice process. (2) For example, the USA has an Office for Victims of Crime in the Department of Justice, Washington.

Victims in Canada are looking for that same recognition, for a legitimate voice.

This is misunderstood by politicians and the media. For example: Catherine Ford of the Calgary Herald, on July 23, 1997 had this response to the Alberta Legislature passing a Victims of Crime Act:

"such legislation is clearly in response to the growing furor of real and self-selected victims for standing in the court system. It is probably the right response for all the wrong reasons--that of ensuring courts consider the effect of crime on its victims, but done in response to the vengeance and anger of people for whom a crime has become their defining moment." She further implies that this legislation was passed because of "rallies with waving placards and fists punched in the air..." , she refers to "blood lust".

The worldwide movement for victims' rights was neither intitiated nor inspired by rallies, placards and fists punched in the air in Alberta! Instead of recognizing a normal pattern of human distress following a trauma, Ms. Ford belittles this distress as hysteria; vengeful emotions.

Frankly, these comments are an insult to the intelligence of victims of crime and of the people with whom we work. Our advocates are compassionate, reasonable, intelligent and determined. They seek justice, not revenge. Victims' energy may be fuelled by anger, feelings of helplessness and outrage. Most are driven by the need to prevent the same experience from happening to others, and to lend support when tragedy hits another family.

Why is it acceptable for victims of "tainted blood" to share in great detail their personal experiences during the Kreever Inquiry in order to make a positive impact on society and affect change, yet not considered acceptable for victims of crime to do the same?

Sadly, Catherine Ford's comments probably reflect the opinions and ignorance of many Albertans who fail to realize that Alberta was the last province in Canada to pass victims' legislation reflecting the basic principles adopted by the United Nations Assembly in 1988.

The movement to uphold and protect the rights of victims is neither pandering to vengeance, nor is it to whim. Countries like Holland have developped legislation to protect victims' rights based on research and cost benefit analyses. Their conclusion: pay now or pay later! Provide recognition, a voice, support, services and recovery for victims at the onset, OR pay in terms of lost productivity, lost taxes, costs to mental health, health care and social services. Waiting for victims to "crash" and then picking up the pieces is expensive and foolhardy. Providing nurturing care and support at the time of the crime and in the aftermath returns victims to a productive, healthy life faster and cost less to society in the long run.

The basic fabric of Canadian society is based on the support and care of its most vulnerable citizens. In order to have a true system of justice in Canada, victims of crime must be given equal consideration and nurturing care as the accused. Only then will there be an increase of public confidence in our system of justice and will Canadians feel confident in reporting violent crimes such as domestic assaults and sexual assaults.

Secondary Victimization

"Secondary victimization refers to victimization which occurs not as a direct result of the criminal act, but through the response of institutions and individuals to the victim."
(International Victims Assistance Training Manual, Office for Victims of Crime, U. S. Department of Justice)

Institutionalized secondary victimization is most obvious in the criminal justice system. At times this may amount to complete denial of human rigths to victims, through a refusal to recognize their experience as criminal victimization.

Some examples of how secondary victimization can also occur:

• by insensitive, untrained questioning or notification by police officers
• by attitudes suggesting the victim contributed to his or her victimization (homicide victims are often "blamed" for their own deaths, sexual assault victims for their rapes, domestic violence victims for "staying with" or "provoking" violence)
• when hospital policies and procedures restrict relatives' access to the body of a loved one, or the hurried schedule of the emergency room affect a victim of rape's privacy or sense of dignity
• school personnel may discount child disclosure of abuse, or effects of victimization
• doctors and dentists may not acknowledge signs of spousal abuse, emotional trauma, child abuse
• spiritual leaders may attempt to guide victims into paths of forgiveness or accommodation before they are able or against their wishes; or may not even recognize normal patterns of distress. Victims may be told to "get on with life" or to "pray for the offender" when they have not even gotten over the intial shock of the crime.
• reporting and investigation by media might be intrusive or inappropriate.
• victims' financial losses due to time needed to testify in court, often unsupported by the workplace.
• threats from defendants and their families and friends (common in cases of domestic violence) example: a simple courtesy would be to provide a room for victims waiting to give evidence so that they are separate from the accused or the accused's witnesses.
• Example: Last summer our advocates were appalled to witness a victim of rape and domestic assault "walking the gauntlet" of the accused, his witnesses and his family each time she went to the courtroom. They were absolutely postured to initimidate her. I was told it happens all the time! How unfair---the accused gets provided a room to protect him/her from the "public". Why can the same courtesy not be afforded the victim?
• Example: It is not unusual for restraining orders to be issued to people who have absolutely no regard for the law, let alone a restraining order. The victim can still receive threats, intimidation, and the offender not get caught.
• prosecutors who do not understand the impact of victimization.

Even agencies set up to help the victims of crime, such as victims services, victim compensation systems and mental health institutions may have some policies and procedures that lead to secondary victimization.

What we must focus our attention on is that secondary victimization is preventable. Most victims are appalled when they discover that police, lawyers and judges have little or no education in victimology; that service providers, doctors, the clergy and even psychiatrists do not have mandatory education in trauma and bereavement, domestic violence or sexual assault.

In order to prevent secondary victimization it is imperative that there is more extensive research on victimology, as well as education and ongoing training for all professionals and service providers who come in contact with victims.

Legislation

All provinces have passed Victims of Crime Acts that include the Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by the United Nations in 1988. Alberta was the last province to pass such legislation in 1997. These pieces of legislation fall under provincial jurisdiction, and vary from province to province in their enumerated rights. However, most provinces clearly state that the rights do not carry a remedy for enforcement. This leaves Canadians with Victims of Crime Acts that are statements of principle and philosopy but are unenforceable. These pieces of legislation may, in fact, revictimize the victims. Victims may be led to believe they have rights and a recognized voice, and yet may have no access to a liaison, and no remedies should the legislation fail to be enforced. So there is an appearance of rights when there are none.

What is needed is a recognition of the rights of victims at the Provincial and Federal level. What is necessary is an effort to get a consistent level of practice and service in each province with the federal government taking a leadership role in establishing the benchmark so that victims across the country can know what to expect; where to access information and how and where to obtain an ongoing continuum of services.

Funding

Funding for victim services, programs and crimes compensation comes from the Victims Fund governed by the Federal victim fine surchage, and in Alberta and some provinces, by provincial statute surcharges. We believe, as do many Canadians that these surcharges are a just and reasonable way to fund victims' needs. They are a fine surcharge for crimes committed, so as such are a form of "restitution".

The Federal victim fine surcharge is, however, very inconsistently implemented. Many judges disagree with the concept and often it is waived. As advocates, we have been in court and seen it waived many times. If the Federal surcharge is inconsistently implemented, the Victims Funds are inconsistently provided with resources. The resources for Victims Funds must be sustained, long term resources in order to provide continuous, long term care. Therefore, it would make sense that these surcharges are mandatory and consistently implemented.

Not all provinces have provincial statute surcharges. Therefore, not all provinces are consistently funded. The public in Alberta, at first, felt like these surcharges were "just another tax". Once they found out that only people who break the law pay, they saw a different picture. Provincial statute surcharges, consistently applied across the country, would provide steady funding for victims services, programs, and compensation across jurisdictional boundaries.

Other areas of possible funding must be well thought out and approached with caution. We believe that funding should come from Justice (as opposed to being channeled through Corrections). If Justice supports victims, they also have to be seen to be supporting victims. The REAL needs of victims must be addressed, and not hijacked by other departments or agencies with their own agendas.

Victim Services

Victim services fall under the jurisdiction of provincial Victims of Crime Acts. The goal of a victim service program is to assist victims in dealing with emotional trauma, participating in the criminal justice process, obtaining reparation and coping with associated problems caused by the impact of victimization.

The objectives of victim services should be to:

• increase the commitment of governments and organizations to do all that is possible to assist victims
• increase the range and availability of services for victims from the time of the victimization and throughout the aftermath
• expand the victim's opportunity to participate at all critical stages of the criminal justice process, and to ensure consideration of the impact of the victimization upon the victims in all major criminal justice systems
• increase coordination and networking of all appropriate agencies, organizations, groups and family, kinship and community support systems providing services to victims or affecting the treatment of victims in order to develop an integrated, continuum of victim assistance.
• Improve the quality of outreach to and treatment of victims in need
• be aware of unique needs of underserved or new victim populations

In order to accomplish these goals and objectives, appropriate government and community agency victim service units or programs must be established, dedicated to providing services to victims and helping them cope with the traumatic effects of the act and its aftermath.

In Alberta, and across the country, there is no benchmark for the services offered to victims. Therefore, whether or not a victim receives services, or what type they receive, depends on their location, the demographics of their location, the support given their victim services unit, the training of their personnel, and the availability, maturity and experience of their volunteers.

ie: a young inexperienced, new volunteer being sent on a notification of a homicide. (Chris Simmonds, Langley, BC)

It is still common for victims, well after the crime, to have never heard about victim services. There may not be a unit in their area, the police may not have referred them, there might not be any follow up.

What is needed is a well funded, sustained, consistent continuum of services for victims.

Impact Statements

Victim impact statements have now been included in most areas of the justice process, most recently at young offender trials and at judicial reviews. Victims, of course, applaud this effort to bring forward the effect of the crime on families and communities.

Although victim impact statements are supported by law, they still have their critics. Critics believe that such statements have the potential to inject unfairness into the legal process. They argue that the length of a sentence should not be influenced by whether a murder victim's family is able to speak eloquently, and that the effect of the crime varies from person to person. Some judges give little respect to victim impact statements.

In some cases, victim impact statements are so censored by the judge, they are almost unrecognizable by the victim! (Marie King-Forest, Sasatoon, Sask.)

Members of the Bar may, in court, give victim impact statements little respect. 'This is just a bunch of generic grief!' (defense in the Susan Klassen murder case, to the jury)

It is of utmost importance that victim impact statements are standardized and consistent in use at all stages of the criminal justice system. Education on their value, their use and their limitations must be available to all crown attorneys, service providers, judges, and made available to all victims.

Compensation

Crimes compensation is a thorny subject for govenments (the cost ) and for the victim (no one can ever be truly compensated for their injuries and trauma). Victims KNOW that they will never be fully compensated. However, allowing victims to go broke or bankrupt because they have become victims of crime, with no proper form of compensation, no counselling, and no safetynet, is unconscionable. Victims often feel victimized by the very system put in place to help them.

Some of these issues could be resolved simply by having a more approachable process, more empathy and understanding of victimology, more open communication and more flexibility in applications. It is easier to examplify these concerns with victims' stories.

Danielle Larsen, Edmonton AB, was a victim of attempted murder at sixteen years of age at the hands of her ex-boyfriend, and survives as a quadriplegic. While the offender who shot her enjoyed legal counsel, regular meals, rehabilitation and a University education, Dani struggled for almost 6 years to have her basic needs met. Stuck in a transition home for 5 years, Dani was not even getting 3 square meals a day. In order to complete high school or take any courses at all, Dani needed a voice activated computer. Only with strong advocacy, and after five years of struggling, did Dani get basic care and an operating, voice-activated computer. Her physiotherapy needs have never been fully met. (As an incomplete quadriplegic, Dani cannot move her limbs, but has feeling throughout her body. She gets very sore from being in the same positions all the time) Had she had the proper care from the beginning, Dani would be in better health, more educated, more independent. She had to fight to get where she is today. Even as a quadriplegic, Dani has to prove annually that she still qualifies for crimes compensation! (The offender, in the meantime, had all his needs taken care of.)

Sandy Atkin, from Calgary, AB, is a victim of attempted murder at the hands of her husband by shooting and multiple stab wounds. It is amazing she survived. Sandy has had many surgeries. She faces future surgeries on an ongoing basis to do maxilo-facial reconstruction of her sinuses, TMJ and mandible. She continues to require abdominal and pelvic soft tissue reparative surgeries. She is still in therapy and suffers from Post Traumatic Stress; is unable to handle full time work. She still, on an annual basis, has to fill in extensive information to prove to Crimes Compensation in Ontario that she is "deserving". If she gains employment in the future, she will lose whatever income she makes to pay back the compensation of the past!

"My chiefest point of disgust was with Alberta's Crimes Compensation Board, which seemed to be more of a bunch of Scrooges than a body designed to give relief to victims." (Martin Hattersley, Edmonton, AB who lost his daughter Cathy Greeves, to murder)

Janice Atwood of Calgary, AB lost her daughter Andrea to murder in Winnipeg. Andrea's cremated remains were sent to the family in Calgary in a cardboard box. The family soon after received the bill for the air transportation of the ashes. When applying for crimes compensation in Manitoba to help cover costs, Janice Atwood was asked if there was an ambulance bill! Andrea had been dead for weeks when she was found! Their application for support was eventually denied. The reason: Andrea Atwood, a teenager, was a prostitute. Because of the actions of the homicide victim, the parents did not qualify! Because of the insensitivity of the process, the Atwoods feel revictimized.

A similar case in BC was challenged. Douglas and Suzanne Stephen lost their son Michael to homicide. They were refused compensation because Michael was involved in a drug deal at the time of the murder. At their own expense, the Stephens challenged this decision. They lost the argument that parents of murder victims are victims in their own right! They did win an appeal on the decision for compensation.

When a victim cannot advocate on their own behalf, who officially will?

It would appear that the systems in place for crimes compensation are inflexible, have narrow windows for application, and are insensitive to victims. Crimes Compensation rarely covers the cost of counselling. Victims of violent crimes need support, counselling and therapy. It is in our best interest as a society to rehabilitate victims. Monies for counselling, including for co-victims of homicide, must be included in crimes compensation.

Federal Responsibility

After years of much unwilling disclosure of tragic case after tragic case, there is still no official recognition of victims of crime in Canada, no official voice, no avenue for a voice, no avenue for funding. This leaves the personal tragedies and the role of the victim in an unacceptable position for political manoreuvring.

Groups like CAVEAT become one of the few voices for victims. Groups like CAVEAT often fall by the wayside due to lack of resources, lack of support and volunteer burnout. Advocacy for victims is dependent on volunteers who lack expertise and training, dependent on availability of volunteer hours, and available where the group is located.

WE BELIEVE THAT VICTIMS OF CRIME DESERVE BETTER!

• We strongly advocate for official provincial and federal recognition of victims' rights.
• We advocate for an office for advocacy in the form of the Office for Victims of Crime in the USA, or a Secretariat, with provincial counterparts.

The role of an Office for Victims of Crime would be to:

1. provide advocacy for victims
2. set the benchmark for support and services for victims
3. provide access to legal counsel
4. provide academic research, expertise, proper analyses
5. share information with the provinces and territories
6. broker interests that provide service (health care, mental health, social services)
7. provide a resource center
8. promote public education

The outcome of such recognition for victims is as follows:

• There will be a validated role for victims in society.
• There will be accountability on behalf of the officials for victims' rights and services.
• An avenue will exist for victims' voices, advocacy, and public information
• There will be increased public awareness and empathy for the impact of crime on victims.
• There will be restored balance and public confidence in the justice system

Conclusion

In a report from the Standing Committee on Justice and Legal Affairs tabled in the House of Commons on April 23, 1997, there were recommendations to the Federal Government with regards to the furthering of victims' rights, adopting the United Nations Declaration of Basic Principles of Justice for Victims of Crime, reviewing relevant federal statutes and legislative options, and undertaking a national consultation on the issues.

We would like to know what the Federal and Provincial action plan is. We would like to see short and long term goals set to validate and protect the rights of victims.

Canada has been neglecting the needs of victims of crime for far too long. It is a national shame. Those unwittingly and unwillingly victimized by crime in Canada deserve to be treated with dignity, respect, nurturing and care; and deserve to have a voice. Until this is done, Canadians will continue to see the justice system as unfair and out of balance.

1. Hillerud, Catherine. "A Case of Stolen Identity: Victims in Canada, Catherine supports the definition of victims groups as "identity groups" in Canada

2. Young, Alan N. "Justice for All: The Past, Present and Future of Victims' Rights in Canada": Professor Young illustrates international examples of victim participation in the justice process