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A look at Canada`s Justice Initiatives. Presentation by Bob Dechert Parliamentary Secretary to the Minister of Justice and Member of Parliament for Mississauga- Erindale. Introduction.
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A look at Canada`s Justice Initiatives Presentation by Bob Dechert Parliamentary Secretary to the Minister of Justice and Member of Parliament for Mississauga-Erindale
Introduction • Our federal Conservative government has a strong record of keeping our streets and neighbourhoods safe for all Canadians. • Since 2006 our government has enacted over thirty measures into law to tackle crime, improve community safety and restore the rights of victims. • We have made great progress in restoring balance in our justice system and will continue to work to keep all Canadians safe and secure.
Victims Bill of Rights • “Our Government is proud to be rebalancing the scales of Canadian justice to ensure that innocent victims of crime have clear rights in our system. The new legislation being introduced in Parliament today aims to ensure that victims are at the heart of our judicial system and that they have the right to information, to protection, to participation and to restitution.” – Prime Minister Stephen Harper
Victims Bill of Rights • On April 3, 2014, Prime Minister Stephen Harper announced legislation in Mississauga to give victims of crime a more effective voice in the criminal justice system. • Bill C-32 • The Victims Bill of Rights Act is a significant piece of legislation that seeks to create clear statutory rights at the federal level for victims of crime for the first time in Canada’s history.
Victims Bill of Rights • • The new law would create the following rights for victims of crime: • Right to information: Victims would have the right to general information about the criminal justice system and available victim services and programs, as well as specific information about the progress of the case, including information relating to the investigation, prosecution and sentencing of the person who harmed them. • Victims will no longer be treated as “just another witness” • Right to protection: Victims would have the right to have their security and privacy considered at all stages of the criminal justice process, to have reasonable and necessary measures to protect them from intimidation and retaliation, and to request their identity be protected from public disclosure. • Right to participation: Victims would have a right to convey their views about decisions to be made by criminal justice professionals and have them considered at various stages of the criminal justice process, and to present a victim impact statement. • Right to restitution: Victims would have the right to have the court consider making a restitution order for all offences for which there are easy-to-calculate financial losses.
Cyberbullying Bill C-13 • With today’s technological advances, cyberbullying is unfortunately becoming increasingly prevalent in Canadian society. • Cyberbullying is a form of bullying, in which aggression towards another is done through electronic means. A form of cyberbullying that uses new communication technologies to distribute intimate images without the consent of the person depicted is taking bullying way beyond the school yard. • Once in cyberspace, an image or information can spread quickly and often uncontrollably; it may also be permanently available on the Internet and could cause irreparable damage to an individuals reputation.
Cyberbullying • We have seen far too many instances where such conduct has victimized a young Canadian before the entire world. It can destroy lives. The impact of cyberbullying is far reaching and has even been a factor in the tragic suicide of several Canadian teenagers. • I have met with the families of Rehtaeh Parsons, Amanda Todd, Jamie Hubley, among others and have heard first hand the impact that cyberbullying can have on an individual and on a family. • In order to help protect the most vulnerable in society, we need a stronger criminal justice response.
Cyberbullying • Bill C-13 will: • Amend the Criminal Code to prohibit the non-consensual distribution of intimate images. • Impose a maximum penalty of five years for the non-consensual distribution of intimate images . • Allow a judge to order the removal of an intimate image from websites • Allow a judge to impose restrictions for a specific time on the use of the Internet for the person convicted. • Modernize existing investigative powers to enable police to more efficiently and effectively obtain electronic evidence that exists on the Internet or other technologies.
Cyberbullying • Beyond amendments to the criminal code our Government understands that additional measures need to be put in place in order to protect communities and educate Canadians on the possible harmful effects of cyberbullying. - One such example can be seen in our nationally broadcasted commercial campaign. • https://www.youtube.com/watch?v=3qcu77VnX0g
Bill C-36: Response to Bedford • Protection of Communities and Exploited Persons Act • Our Government responded to the Supreme Court of Canada’s ruling in Canada v. Bedford to ensure that Canada’s laws and the criminal justice system continue to address the significant harms that flow from prostitution to those engaged in prostitution and to other vulnerable persons, while protecting Canadian communities.
Bill C-36: Response to Bedford • The legislation makes prostitution illegal for the first time for those who purchase sex and persons who exploit others through prostitution. • Bill C-36 will also make it illegal to sell sexual services next to a school ground, playground or daycare centre.
Bill C-36: Response to Bedford • The objectives of the proposed legislation are: • Protecting those who sell their sexual services from exploitation; • Protecting communities from the harms caused by prostitution; and • Reducing the demand for sexual services.
Bill C-36: Response to Bedford • The proposed new prostitution-related offences relate directly to: • Purchasing of sexual services • Receiving a financial or material benefit from the sexual services of others • Advertising the sale of sexual services • Selling sexual services in or next to a school, playground or daycare centre • Bill C-36 will modernize existing prostitution-related offences that relate to: • Procuring (also known as “pimping”) • Child prostitution (and related offences) • Child trafficking (and related offences)
Bill C-36: Response to Bedford • The impact of the new prohibitions will be borne by those who purchase sex and persons who exploit others through prostitution. • Prostitution hurts Canadian communities and the most vulnerable Canadians. • Our Government is committed to protecting Canadian communities.
Bill C-26: Tougher Penalties for Child Predators Introduced in the House of Commons on 26 February 2014, this bill amends the provisions of the Criminal Code that deal with sexual offences committed against children and young persons by increasing the mandatory minimum penalties and maximum penalties for such offences. Bill C-26 also makes the following changes to the law: • It increases maximum penalties for violations by child sexual offenders of prohibition orders, probation orders and peace bonds. • It requires courts to impose consecutive sentences on offenders who commit sexual offences against more than one child. • It amends the Canada Evidence Act 2 to ensure that spouses of accused persons can be called as witnesses for the prosecution in child pornography cases. • It amends the Sex Offender Information Registration Act 3 to increase the reporting obligations of sex offenders who travel outside Canada. • Child Sex Offender Registry. It enacts the High Risk Child Sex Offender Database Act to establish a publicly accessible database that contains information with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.