Véronique Barbe Act

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At consideration in committee in the Senate

S-238
November 3, 2022 (2 years ago)
Canadian Federal
Pierre-Hugues Boisvenu
Senate
Third reading
0 Votes
Full Title: An Act to amend the Criminal Code and the Canadian Victims Bill of Rights (information about the victim)
Criminal Justice

Summary

The Véronique Barbe Act amends the Criminal Code to enhance protections for victims by preventing defendants from sharing any information about them online. This includes a range of provisions that allow judges to impose restrictions on communication about victims during different stages of legal proceedings, thereby providing a legal framework to protect victims from potential harassment or exposure in the digital space.

What it means for you

Victims of crimes and their families may experience greater privacy and safety as they navigate the legal system. This legislation is particularly relevant for individuals affected by serious offenses, such as harassment or assault, where online information could lead to further trauma. However, offenders and those involved in criminal cases may face restrictions on their ability to discuss their circumstances or even address their actions publicly, which can impact their rights.

Expenses

The financial implications for the government are expected to be minimal, as the changes focus on judicial procedures rather than creating new funding programs. However, implementing these amendments may involve some costs associated with training law enforcement and judicial officials on enforcing these new regulations. Additionally, there could be potential increases in legal costs for judicial hearings related to enforcing compliance with these restrictions, which may strain an already burdened legal system.

Proponents view

Supporters assert that the act is essential to protect victims in the increasingly risky digital landscape. They argue that it helps prevent harassment and re-traumatization by empowering victims to control their narratives and ensures that offenders are held accountable for sharing sensitive information. The legislation reaffirms the importance of the Canadian Victims Bill of Rights and aims to create a supportive environment for healing.

Opponents view

Critics highlight concerns about the potential infringement on the rights of offenders, particularly regarding their freedom of expression. They argue that blanket prohibitions may restrict necessary self-reflection and discussion about their actions. Enforcement might lead to selective censorship, and the vagueness of the terms could create legal ambiguities that complicate judicial processes. The financial burden associated with monitoring and compliance could also lead to resource allocation issues within the justice system. Overall, balancing victim protection with offenders' rights and ensuring effective implementation without excessive costs remain contentious points.

Original Bill