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Create Federal Victims' Ombudsperson, Expand Rights

Full Title: An Act to enact the Federal Ombudsperson for Victims of Crime Act, to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime

Summary#

This bill creates the Office of the Federal Ombudsperson for Victims of Crime in law, sets appointment and powers, and updates the Canadian Victims Bill of Rights (CVBR). It shifts some rights from “on request” to automatic, adds support and enforcement rights, requires training for justice staff, and directs the Minister of Justice to build a national implementation framework.

  • Victims would receive key information automatically, not only if they ask (Clauses 9–11).
  • A formal Ombudsperson office would review complaints about federal victim services and can compel evidence (ss. 12–13).
  • New rights include access to support services suited to needs and help enforcing restitution orders (Clauses 12, 14).
  • Justice system employees under federal authority must complete CVBR training at hire and every 3 years (Clause 17).
  • The Minister must table a victims’ rights implementation framework and run a public awareness campaign within 1 year of Royal Assent (Part 3).
  • Bringing the Ombudsperson office into force requires a funding appropriation approved by Parliament (Part 4, Royal recommendation).

What it means for you#

  • Households and victims

    • You would get general case and system information without having to request it, including about investigations, proceedings, and about the accused/offender, subject to safety and legal limits (Clauses 9–11; s. 20).
    • You would have a right to access legal, social, medical, and psychological services suited to your needs and circumstances (Clause 12).
    • If the court makes a restitution order in your favour, you would have a right to assistance to enter and enforce that order (Clause 14).
    • You could access restorative justice programs as part of a broader right to reparations; courts must still consider restitution (Clause 13).
    • After using a department’s complaint process, you could bring a complaint about a federal victim service to the Federal Ombudsperson for Victims of Crime (s. 4(1); amended CVBR s. 25(2) and coordination rule in Part 4).
  • Workers in the criminal justice system (federal authorities)

    • You must complete training on victims’ rights within 3 months of starting and at least every 3 years (Clause 17(4)).
    • Current employees must be trained within 1 year after the training provisions come into force (Clause 17, Transitional Provision).
    • Training content is set by the Minister of Justice and reviewed every 3 years (Clause 17(1)–(3)).
  • Provincial and territorial justice authorities

    • The federal Minister must consult provinces when developing training and the framework; training must be made available to provincial employees (Clause 17(3), (5); Part 3(2)).
    • The implementation framework will include minimum standards for victim support services and mechanisms to strengthen victim participation, but only within federal jurisdiction (Part 3(1), (3)(c), (e)–(g)).
  • Federal departments and agencies

    • You must provide victims with information proactively (Clauses 9–11) and handle an external complaint path to the Ombudsperson after your internal process (amended CVBR s. 25(2)).
    • You may be required by the Ombudsperson to provide documents, things, or sworn evidence related to a complaint (s. 12(1)).
    • You will be subject to annual public reporting on complaints via the Ombudsperson’s activity report tabled in Parliament (s. 14–16).
  • Businesses and other individuals

    • If you hold information relevant to a complaint, the Ombudsperson may summon you to give evidence or produce documents, with return of originals on request (s. 12(1)–(2)).

Expenses#

Estimated net cost: Data unavailable.

  • Establishing and operating the Ombudsperson’s office requires an appropriation approved by Parliament before coming into force (Part 4, Royal recommendation).
  • Ongoing costs include Ombudsperson remuneration, staff salaries, benefits, and travel (ss. 7–9). Data unavailable.
  • Developing and delivering training to federal justice employees at hire and every 3 years (Clause 17). Data unavailable.
  • Developing and tabling an implementation framework and running a national public awareness campaign (Part 3(3)(d)). Data unavailable.
  • Departmental compliance costs to provide information proactively and respond to Ombudsperson investigations. Data unavailable.
  • No revenue measures or fees identified.
ItemAmountFrequencySource
Ombudsperson office setup and operationsData unavailableOngoingss. 3–9; Part 4 (Royal recommendation)
CVBR training development and deliveryData unavailableInitial and every 3 yearsClause 17(1)–(5)
Public awareness campaignData unavailableAs set in frameworkPart 3(3)(d)
Departmental compliance (proactive info, complaints)Data unavailableOngoingClauses 9–11; s. 12; CVBR s. 25(2)

Proponents' View#

  • Automatic provision of information reduces barriers for victims and improves participation, since key updates come “without request” rather than only on request (Clauses 9–11).
  • The Ombudsperson’s ability to compel evidence and require documents will make federal programs more accountable to victims (s. 12(1)).
  • Adding a right to access tailored support services, and help to enforce restitution, addresses common gaps where victims struggle to find services or collect court-ordered payments (Clauses 12, 14).
  • Regular training for justice personnel is meant to standardize practice across federal bodies and keep staff current on victims’ rights (Clause 17(4)).
  • A national implementation framework, with minimum service standards and an awareness campaign, aims to make rights real in day-to-day practice and more consistent across Canada within federal jurisdiction (Part 3(1), (3)(c)–(g)).

Opponents' View#

  • Costs are undefined. The bill creates a new office, training obligations, and a national campaign without published estimates; risks include underfunding or delays in implementation (Part 4, Royal recommendation; Clauses 17; Part 3(3)(d)).
  • Jurisdictional complexity: minimum standards and parole-related mechanisms in the framework may overlap with provincial roles, increasing coordination burden despite consultation requirements (Part 3(2)–(3)).
  • Limited remedial power: the Ombudsperson can make findings and recommendations but cannot review or change parole decisions or certain Correctional Service of Canada decisions, which may limit impact on outcomes that matter to victims (Restrictions, s. 11(a)–(c); Reports, s. 13).
  • Administrative and privacy risks: shifting to proactive information delivery requires new processes to identify victims and share information safely, which could cause errors or delays; statutory safeguards still require reasonableness and safety (Clauses 9–11; s. 20).
  • Process length: victims must first exhaust internal complaint mechanisms before going to the Ombudsperson, and the Ombudsperson may refuse complaints that are frivolous or outside jurisdiction, which could slow resolution (CVBR s. 25(2); Refusal to review complaint).

Timeline

May 17, 2023 • Senate

First reading

Dec 12, 2023 • Senate

Second reading

Criminal Justice
Social Welfare
Social Issues