OTTAWA | February 11, 2011

Federal government leaves victims vulnerable

By Erin Walkinshaw       Producer Christina Franc
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A broken promise by the federal government has left an Ottawa victim support program at risk of shutting down.

 Comforted girl
Ottawa Victim Services offers moral support to victims through the court process.

Steve Sullivan, executive director for Ottawa Victim Services, says the government promised 10 months ago in its throne speech to make victim surcharges mandatory.

“We’ve seen justice legislation after justice legislation pushed and it’s all done in the name of victims and yet, we have this one bill that would actually make a difference in the lives of victims of crime and they have done nothing literally to make that happen.”

The government has yet to table any legislation on victim surcharges.

A spokesperson for Minister of Justice Rob Nicholson says details regarding the victim surcharge will be announced in “due course.”

Sullivan says this legislation would bring added revenue for victim support services across the country, including Ottawa’s court accompaniment program, which could end in March due to lack of funding. 

The court accompaniment program helps 15-20 Ottawa residents a month who are victims of physical or sexual abuse and have to testify in family or criminal court.

Providing moral support

Melissa Robert, a spousal abuse victim, says she was extremely nervous about going to court alone, but knowing she had a support person at her side boosted her self-esteem, as she had to deal with a lot of name-calling from her former partner.

In addition to the court accompaniment program, Ottawa Victim Services also supplies victims with counselling information, addictions support, and safety tools like a personal alarm and emergency alert whistles.

He broke into her house, and as a result, she moved. Programs like this one make her feel more secure.

“I don’t know where I would be today if it weren’t for victim services.”

“I don’t know where I would be today if it weren’t for victim services.”

She adds that the possible end of the court accompaniment program is a scary thought because women in domestic abuse situations may stay in an abusive relationship if they feel there is nowhere else to turn.

The federal victim surcharge already exists but judges often waive it with the assumption that the offender can’t pay it, or the fines go unpaid and the person is not penalized. The only option is to take away the discretion to ensure greater compliance, Sullivan argues.

He adds that is what the government promised they would do 10 months ago.

 “I don’t think that’s the perfect solution. I think if the process was working now the way it should, that we had exceptions to the rule, that to me would be preferable, but when the exceptions becomes the rule, then it’s not working,” Sullivan says.

The court accompaniment program started four years ago, with one-year funding from the Department of Justice. It sustained itself with funding from the Ontario Trillium Foundation for three more years, but the organization has no funding for 2011, and short-term support from the Department of Justice ends in March.

Who's to blame?

Each province has its own surcharge for provincial offences, in addition to the federal victim surcharge for federal offences. Revenue from both governments is collected and distributed at the provincial level.


Melissa Robert was thankful to have the support service through the intimidating court process.

Liberal Justice critic Marlene Jennings says it’s appalling this legislation has not been introduced into parliament.

 

 

“[The government has] used victims as a political wedge rather than helping victims,” she says.

Sullivan says meeting the needs of victims is not a contentious issue because the government thinks it won't receive a lot of public attention.

“This is a government that likes to have a bogey-man. They like to blame somebody. They like to point a finger at a Clifford Olson, or a Karla Homolka, or a Graham James, and say look we’re standing up against those bad people,” he says.

“They like to do things in the name of victims, which arguably don’t have a lot to do with victims, but those are the kind of issues that gets the media’s attention.”
What is the victim surcharge?

A victim surcharge is a monetary penalty imposed on offenders at the time of sentencing. It is collected by the provincial and territorial governments, and the revenue is used to provide programs, services and assistance to victims of crime within their jurisdictions.

The amount of the victim surcharge is:

• 15 per cent of any fine that is imposed on the offender as a sentence (e.g. a $200 fine will result in a $30 victim surcharge); and

• In the absence of a fine, $50 for summary conviction offences (e.g. theft under $5,000) and $100 for indictable offences (e.g. aggravated assault).

The sentencing judge may order the offender to pay an increased amount as the victim surcharge in appropriate circumstances provided the judge is satisfied that the offender has the ability to pay an increased amount.

An offender may ask the sentencing judge at the sentence hearing to be excused from payment of the victim surcharge because he or she cannot afford to pay. The judge may order that the offender be exempted from payment only if the judge is satisfied that paying the surcharge would cause undue hardship to the offender or to the offender’s dependants.

Source: Public Works and Government Services Canada

Conservative actions

• In 2007, the federal government committed $52 million ($13 million a year for 4 years) through the Federal Victim Strategy for a package of programs, services and funding to help all levels of government respond to the needs of victims of crime.

• That spedning included the creation of the Office of the Federal Ombudsman for Victims of Crime, an independent body to advise the government on victims’ needs.

• Recently the federal government anounced $5.3 million over two years for the creation and enhancement of Child Advocacy Centres across Canada, to help minimize trauma for children who are victims of crime.