Empowering Victims

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Outside the Order of Precedence

C-334
May 31, 2023 (2 years ago)
Canadian Federal
Laurel Collins
NDP
House of Commons
Third reading
0 Votes
Full Title: An Act to amend the Criminal Code, the Judges Act and the Director of Public Prosecutions Act (orders prohibiting publication of identifying information)
Criminal Justice
Social Welfare

Summary

The proposed amendments to the Criminal Code aim to enhance the rights of victims of sexual offenses by requiring their consultation and consent before identity protection orders are issued. This change allows victims over 18 to have a say in matters affecting their identity protection, with provisions for the revocation of these orders through hearings, based on victim impact statements.

What it means for you

Victims of sexual offenses, especially those over 18, will have increased control over their identity protection and greater engagement in the judicial process. However, this may also involve added emotional and psychological burdens as they navigate legal complexities. Legal professionals and the judicial system may face challenges in managing the increased demands for hearings and consultations.

Expenses

The implementation of these amendments could lead to significant costs for the government. This includes expenses related to additional court hearings, the need for legal notices to be sent to victims and witnesses, and ongoing training for judges and federal prosecutors. These financial strains could divert funds from other critical areas, raising questions about the sustainability and effectiveness of these changes. For victims, there may also be incidental costs related to legal counsel or therapy if they decide to engage more fully in the legal process.

Proponents view

Supporters believe that these changes empower victims by prioritizing their input in legal proceedings, helping them feel more respected and heard. By mandating consultation and consent, the bill fosters a more compassionate approach in the judicial process, potentially encouraging more victims to speak out and seek justice without the fear of publicly exposing their identities.

Opponents view

Critics are concerned about the financial and logistical burdens these amendments may impose on an already stretched judicial system. There are fears that required consultations could lead to delays in hearings, complicating legal cases and potentially prolonging the recovery for victims. Additionally, the practicality of ensuring victims fully understand their rights and choices under emotional distress raises concerns about the bill’s effectiveness and the possible inconsistent application across different jurisdictions.

Original Bill