44th Parl. 1st Sess.
October 3, 2023
- 05:43:08 p.m.
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That's interesting, Mrs. Brière, because it pertains to everything I mentioned about the Senate. The Senate proposed eight or nine things. As I mentioned in my opening address, we truly want to give people the freedom to speak with their families, friends or health professionals such as therapists.
From what I understand of the Senate amendments, the aim is to broaden the divulging of information or disclosure that could be possible. We want to make sure that we have guardrails there such that the information is disclosed for certain purposes but not for any purpose.
That's what I was driving at in my opening remarks. It's important to really tailor the response accordingly.
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- 05:44:09 p.m.
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- 05:44:11 p.m.
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The patient-therapist relationship is extremely important, and can help a victim to begin the rehabilitation process and also go to trial.
It can actually enhance reporting requirements when people understand that they won't be subject to the blunt force of an overly comprehensive publication ban.
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- 05:44:33 p.m.
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Thank you.
Can someone other than the victim also request the lifting of a publication ban, like a spouse, a relative or, in the event of death, a victim's adult child?
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- 05:44:54 p.m.
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I'm certain it can't be done by the accused. It applies only to a victim or a witness.
I will defer that question to Mr. Taylor, because I think he had further clarification.
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- 05:45:06 p.m.
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Based on the wording of the bill, it's for the victim or the person protected by the publication ban, and therefore not for the accused, as the minister explained.
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- 05:45:24 p.m.
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Thank you very much, Madame Brière.
We'll now move to two and a half minutes with Monsieur Fortin.
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- 05:45:29 p.m.
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Thank you, Madam Chair.
In my earlier questions, Minister, I requested an explanation of the conflict of interest which you felt would prevent a Crown attorney from clearly explaining the ins and outs of a publication ban to a victim. I also asked you a subsidiary question, which was to suggest some alternatives. I would now like to hear what you have to say on this.
You no doubt recall that back in the day, when you were a member of this committee, we heard victims complain that they didn't know what was going on, that they were not aware of the existence of publication bans, and that they didn't quite understand how it all worked, or how to lift such a ban if they wanted to. If the Crown attorney is not the person who explains all this to victims involved in a trial, who is, and how would it work?
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- 05:46:23 p.m.
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Thank you very much.
According to this bill, it's up to the judge to ask the attorney whether the victim has been consulted to determine whether they want a publication ban, or at least, whether everything possible was done to contact the victim. This requirement is clearly stated in the bill. It gives a—
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- 05:47:03 p.m.
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I don't want to be rude, but you know how it works. Time is running out.
That being the case, my understanding is that you agree on the idea that the Crown attorney should explain to victims that they can obtain a publication ban and how the process works, and also how to lift such a ban. All of that would be explained.
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- 05:47:19 p.m.
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That's correct, Mr. Fortin.
I'd also like to point out that a number of provincial governments have already told me that they found the conflict of interest I mentioned problematic. They say that while it's possible to speak with victims, giving them legal advice on what can and cannot be done under the ban could lead to a conflict of interest.
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- 05:47:43 p.m.
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I agree with you on legal advice, but I believe that explaining things to victims is the Crown attorney's role. I understand that you are more or less in agreement with this, because it's already in the bill.
Thank you, Minister.
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- 05:47:57 p.m.
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- 05:47:58 p.m.
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Thank you very much, Mr. Fortin, you have 25 seconds left.
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- 05:48:03 p.m.
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You told me that I had two and a half minutes, and my time has run out. However, I could continue.
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- 05:48:10 p.m.
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No, that's it.
Voices: Oh, oh!
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- 05:48:15 p.m.
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Mr. Garrison, you have the floor.
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- 05:48:15 p.m.
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Thank you very much, Madam Chair.
We've heard a couple of times around the table today about what victims want from people. I think that if we listen carefully to our victims study, and if we look at the literature on victims, it's not always tougher sentences that victims are looking for. Certainly, in my previous work in criminal justice, it was almost always that victims were looking for the same thing to not happen to someone else.
Mr. Minister, I'd like you to talk about the two parts of this bill as they contribute to public safety through the prevention of future offences.
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- 05:48:47 p.m.
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I think the prevention of future offences piece is critical, because it's enhancing the agency and autonomy of a victim to come forward in a manner that complies with the law and that will empower people, particularly women—if we're being frank with the statistics—to share their stories with women, other women and children, so that they can protect themselves. That's important.
I think it's also important that people feel.... If they're coming forward and entering into a criminal justice system that is sometimes fairly traumatizing just to enter into, if they feel a more welcome reception vis-à-vis their autonomy, their dignity and the ability to control their information, that can enhance reporting, which in and of itself is a good thing. It gives us a better handle on the situation, as we share the concerns about crime generally, but it also gives us a better handle on how to address the situation.
I think there are multiple reasons why this could be beneficial if it's implemented correctly. Ultimately, it's about confidence in the criminal justice system—confidence that it will be addressing the needs of victims. That is something I've heard a lot about from this committee in my previous incarnation, and that is something we need to be attentive to.
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- 05:49:55 p.m.
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That's great.
Thank you, Madam Chair. I'll end my questions there.
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