On April 3, 2014, Prime Minister
Stephen Harper introduced landmark legislation enshrining a Victims Bills of Rights in Canadian
criminal law. His Victims Bill of Rights Act seeks to create clear statutory rights to
information, protection, participation and restitution as well as to ensure a
complaint process is in place for breaches to these rights.
“Victims have a right to be informed, to know what is going on. With the Victims Bill of Rights we are giving legal expression to our Canadian passion for justice. ”
However, in his
unbridled passion and enthusiasm for victims’ rights, the Prime Minister forgot
to mention that this new bundle of rights does not apply to the victim of a crime whose perpetrator is
subject to the Code
of Service Discipline. Indeed, section 18(3) of his new Bill contains a most disturbing exemption: “This Act does not apply in respect of
offences that are service
offences, as defined in subsection 2(1) of the National Defence Act, that are investigated or
proceeded with under that Act.” Yet, the National
Defence Act defines service offence as “an offence under this Act, the Criminal Code or any other Act of Parliament.”
In all fairness, however, Bill C-15 An Act to Amend the National Defence Act- Strengthening Military Justice in the Defence of Canada Act previously enacted on June 19, 2013 makes several parallel provisions in recognition of victims of crimes' right; these are contained more particularly, sections 202.201; 203; 203.6; 203.7 and 203.9. However, none of these modifications are yet in force. On the other hand, the Victims Bills of Rights is currently at the Second Reading stage in the House of Commons and is currently going through a clause-by-clause review by a parliamentary committee. Hence it is difficult to predict if at the end of the day victims of crimes committed by someone subject to the Code of Service Discipline will enjoy the same panoply of rights as those granted to their compatriots subject to the civil penal justice system. We can only hope so.
In all fairness, however, Bill C-15 An Act to Amend the National Defence Act- Strengthening Military Justice in the Defence of Canada Act previously enacted on June 19, 2013 makes several parallel provisions in recognition of victims of crimes' right; these are contained more particularly, sections 202.201; 203; 203.6; 203.7 and 203.9. However, none of these modifications are yet in force. On the other hand, the Victims Bills of Rights is currently at the Second Reading stage in the House of Commons and is currently going through a clause-by-clause review by a parliamentary committee. Hence it is difficult to predict if at the end of the day victims of crimes committed by someone subject to the Code of Service Discipline will enjoy the same panoply of rights as those granted to their compatriots subject to the civil penal justice system. We can only hope so.
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