Federal Ombudsman for Victims of Crime Urges Reform

In April Carol de Delley presented at the Federal Victims of Crime Symposium in Ottawa.  At that time, she met with the federal ombudsman for victims, Sue O’Sullivan.

The federal ombudsman for victims sent a letter to Minister Nicholson urging a number of options to reform victims rights and the subsequent responsibility of officials to victims and public safety in regards those found Not Criminally Responsible. Sue O’Sullivan provide Carol with an overview of the letter detailing their efforts :

Hi Carol,

Please see below for a brief overview of the body of the letter to Minister Nicholson on NCR.

The Government of Canada has an opportunity to demonstrate its commitment to victims by acting on the issue of Not Criminally Responsible.  For the Minister’s consideration in evaluating the options for reform, the two considerable gaps that victims and victim advocates have identified to our office are as follows:

1.    The importance of considering both victim and public safety in any and all release decisions related to offenders found “not criminally responsible.”
2.    The lack of rights, policies and support in place for victims whose offenders have been found not criminally responsible, especially in relation to those same rights, policies and support for victims whose offenders enter the federal corrections system.

Public Safety
The letter recommends that the Government of Canada conduct a review of section 16 of the Criminal Code of Canada with an overall goal of responding to victims’ needs and improving public safety.  This review should consider recent proposals for Criminal Code amendments made by Attorney General of British Columbia Barry Penner.

The proposals suggest that review boards, for the purposes of decision-making related to offenders’ absences and releases from psychiatric hospitals,
*    give paramount consideration to public safety;
*    ensure that at least two psychiatric opinions are obtained; and
*    ensure that an inquiry is made about the whereabouts of the victims of the offence before making any release recommendations.

Taking action to address victims’ needs

I also recommended that the Government identify and address gaps in funding and services provided to victims whose offenders are found criminally responsible versus those whose offenders are found not criminally responsible, with an overall goal of eliminating gaps. This review could consider:
*    the provision of funding for victims to attend provincial/territorial review board hearings, just as is available for victims to attend Parole Board of Canada hearings, and
*    the implementation of notifications for victims regarding the transfer, release or other status changes of the offender through the review board system, as is currently available for victims whose offenders are involved in the federal corrections system.

Federal Ombudsman for Victims of Crime/l’Ombudsman fédérale des victimes d’actes criminels
sue.osullivan@ombudsman.gc.ca
Telephone/Téléphone 613-941-3419
Facsimile/Télécopieur 613-941-3498
Goverment of Canada/Gouvernement du Canada
www.victimsfirst.gc.ca/ www.victimesdabord.gc.ca

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