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Canadian Laws

Canadian Laws. Corrections and Conditional Release Act (CCRA) Governs Correction Services Canada (CSC) and National Parole Board (NPB). CCRA’s definition of a victim: Someone to whom harm was done or who suffered physical or emotional damage as the result of an offence.

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Canadian Laws

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  1. Canadian Laws • Corrections and Conditional Release Act (CCRA) • Governs Correction Services Canada (CSC) and National Parole Board (NPB)

  2. CCRA’s definition of a victim: Someone to whom harm was done or who suffered physical or emotional damage as the result of an offence

  3. Publicly Available Information • Type of offence and court • Length of sentence and start of sentence • Eligibility and review dates for parole

  4. Information Available to Victims • Location of penitentiary • Release date • Hearing dates • Conditions attached to parole/release • Where offender is released to • Whether offender is in custody • Whether offender has appealed, and outcome of appeal

  5. Victims’ Rights • Victim Impact Statement • Attendance at parole hearings • Victim’s Travel Fund • May request that offender does not contact them • Victim-offender mediation

  6. “November 21, 2000 was the darkest day our family has ever experience. Our lives, mine and the lives of my wife and three daughters were changed forever as we learned piece by piece what had happened to Patricia, our daughter, our children’s beloved sister. Every day we struggled to try to remember the beautiful and loving person she was… • I know that love does not seek revenge. We do not want a life for a life. Love seeks healing, peace and wholeness. Hatred can never overcome hatred. Only love can overcome hatred and violence… • Judge Goger, that is the reason we are not asking for the death penalty. I know that “Forgive us our trespasses as we forgive those who trespass against us” was not meant to be empty words. I don’t know if I have forgiven you, Ivan Christopher Simpson, for what you did. All I know is that I don’t hate you, but I hate with all my sould what you did to Patricia.”

  7. Victim Impact Statement • Emotional Impact • How has your life changed or the lives of those close to you? • What are some of the feelings you have been experiencing? • What are some of the reactions you have had to cope with?  For example, trouble sleeping or eating, difficulty concentrating? • Has there been a change in how you feel about yourself since the crime? • Has there been a change in how you are able to relate to others like your friends, your parents or other family members? • Have you been talking to a doctor or a counsellor to get support or help you cope?

  8. Victim Impact Statement • Physical Impact • What are some of the physical injuries you or your family has suffered? • How long did the injuries take to heal or how long does the doctor say it will it take to heal the injury? • What medical treatment did you get or will you need in the future? • How have the injuries changed your lifestyle such as going to school, work or playing sports?

  9. Victim Impact Statement • Financial Impact • How the crime has affected you or your family's ability to work or the number of days you missed from work because of the crime. • If you have paid or owe money for bills because of the crime. • The cost of medical, dental, psychological treatment. • The costs of prescription medication or physiotherapy, etc

  10. Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003 1. Victims of crime should be treated with courtesy, compassion, and respect. 2. The privacy of victims should be considered and respected to the greatest extent possible. 3. All reasonable measures should be taken to minimize inconvenience to victims.

  11. Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003 4. The safety and security of victims should be considered at all stages of the criminal justice process and appropriate measures should be taken when necessary to protect victims from intimidation and retaliation. 5. Information should be provided to victims about the criminal justice system and the victim's role and opportunities to participate in criminal justice processes.

  12. Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003 6. Victims should be given information, in accordance with prevailing law, policies, and procedures, about the status of the investigation; the scheduling, progress and final outcome of the proceedings; and the status of the offender in the correctional system. 7. Information should be provided to victims about available victim assistance services, other programs and assistance available to them, and means of obtaining financial reparation.

  13. Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003 8. The views, concerns and representations of victims are an important consideration in criminal justice processes and should be considered in accordance with prevailing law, policies and procedures. 9. The needs, concerns and diversity of victims should be considered in the development and delivery of programs and services, and in related education and training.

  14. Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003 10. Information should be provided to victims about available options to raise their concerns when they believe that these principles have not been followed.

  15. Canadians Against Violence Everywhere Advocating its Termination (CAVEAT) “CAVEAT wants a legal system that shares information and is accountable for its decisions. We seek justice, not revenge. We assert that public protection must be the overriding goal of the justice system and that the rights of offenders should not be greater than those of their victims.”

  16. PETITION TO THE HOUSE OF COMMONSIN PARLIAMENT ASSEMBLED • "We, the undersigned residents of Canada, in support of the parents of Nina de Villiers, draw the attention of the House to the following:"THAT the murder of Nina de Villiers on the ninth of August, 1991, has exposed serious deficiencies in the criminal justice system. There are many vulnerable persons who have little protection under the current system. Women, children and disabled persons are at particular risk;"THAT crimes of violence against the person are intolerable and constitute the most abhorrent crime society faces;

  17. PETITION TO THE HOUSE OF COMMONSIN PARLIAMENT ASSEMBLED • "THAT current criminal law does not require bail hearings in crimes of violence to be presided over by Judges;"THAT current criminal law may require only a simple signature on a document, with no money actually posted, as surety for the release of accused perpetrators of crimes of violence; • "THAT sentencing in crimes of violence does not appropriately reflect society's abhorrence of violence in order to act as a true deterrent, and to protect the public by removal of the offender from society;

  18. PETITION TO THE HOUSE OF COMMONSIN PARLIAMENT ASSEMBLED • "THAT the risk to society posed by the early release of a violent offender appears to be of secondary consideration to the rights of the individual criminal;"THAT the statutes governing the criminal justice system in Canada must be revised to reflect societal attitudes."THEREFORE, your petitioners request that Parliament recognize that crimes of violence against the person are serious and abhorrent to society and amend the Criminal Code of Canada, the Bail Reform Act of 1972 and the Parole Act accordingly.

  19. Canadian Victim Advocacy Groups • Victims of Violence • Citizens United for Safety and Justice • Victim Assistance Canada (VACAN) • Canadian Resource Centre for Victims of Crime (CRCVC) • Mothers Against Drunk Driving (MADD)

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