Victim Matters. Volume 1, Issue 2, November 2010

NOVEMBER 2010
“VICTIM MATTERS”
VOLUME 1, ISSUE 2
A TRADE JOURNAL
Welcome to the November issue of Victim Matters, a publication
of Victims of Violence.
Please share this publication with colleagues and friends, or have
them sign-up to receive it by emailing
[email protected].
Views – expressed or implied – in Victim Matters are not
necessarily those of the Department of Justice.
IN THIS ISSUE…
VICTIMS VOICE:
 Jonathan Wamback’s Experience as a Victim of
Violent Crime
Victim Matters would not be possible without Funding from
the Department of Justice Victims Fund.
Department of Justice
Canada
Ministère de la Justice
Canada
LAYING DOWN THE LAW:
 Bill C-22: Legislation in Tune with Technology
EXPANDING THE HEADLINES:
VICTIMS VOICE
MY EXPERIENCES AS A VICTIM OF VIOLENT CRIME
by Jonathan Wamback
One of the many problems of being a victim of violence is that
no one really understands. I honestly wish that I could just
explain the torment, the despair, the toll on all parts of your
body in a sentence. I can’t. It is difficult to understand something
that no one else genuinely understands. It’s not easy to be a
victim of extreme violence. I can attest to that.
Almost a decade ago, I received a very serious head injury at the
result of a brutal assault. I spent three months comatose and was
paralyzed for an additional six months. And ten years later, I, like
every other victim of extreme violence and close relative of a
murdered family member, still feel the devastating effects on my
emotions, just like I still feel the effects of the injury on my
physical well being. One thing I have learned, from attempting to
help others, is that I should be relying on my own experiences and
wisdom in order to explain myself. I have seen the effects that a
human’s hate and violence can have on another human. I just
want to show what I have seen and felt which for such a long time
I was unable to do.
I must have tried to explain what it is like to be a victim of
extreme violence a hundred times – the feelings, the physical
turmoil, the complete and utter anguish and grief. The reason I
failed was because of those same feelings. I myself didn’t
understand this world full of horrible thoughts and emotions that
followed my assault. It was like being thrown into the middle of
the ocean in a rowboat, unable to swim. All you can do is just
keep rowing. And that is what I have been doing for much of my
life. Even now, it is taking a lot out of me and much courage to
write this.

From Insanity to Mental Disorder:
Not Criminally Responsible
SPOTLIGHT:
 Ruth Campbell: Advocate, Academic, Expert
 The Canadian Coalition Against Terror:
Canada’s First Terror Victim Advocacy Group
I didn’t understand my own feelings and the thoughts I was
having. Trying to understand something that no one else
understands is a very difficult task. For ten years and now
still, I have struggled to understand myself, the self that I was
forced into. My thoughts and feelings are still blooming as I
try to understand what the life of being subjected to injury at
the hands of extreme crime means.
But I was really forced to understand myself. I couldn’t just
sit back, a victim of myself, because the behaviour and
character traits I was expressing, caused entirely by the
thoughts and feelings I was experiencing, were unacceptable
to live a happy life in society.
Though it was an extremely difficult feat for me to
overcome, the hardest part of my life was not the injury or
recovering from it. The hardest part came after, upon
reintegrating into society. I didn’t know what to expect of
people’s reactions, the things people said, and most of all, I
didn’t know what to expect of myself. I was reintegrating in
society, a life where I was forced to relive my traumatic
assault through dreams, asleep and awake. Haunting, vicious
dreams in a state of delirious reality replaced my conscious
world with utter horror. The dreams of self-similar
experiences, of being battered and destroyed all over again
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Victims of Violence Canadian Centre for Missing Children. 340-117 Centrepointe Drive Ottawa Ontario K2G 5X3 1-888-606-000
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created for me a personal prison. A life in eternal fear of nearly
everything; a life where I was forced to believe unhealthy and
paranoid thoughts, which led to that fear. This ultimately
prevented me from living my life and from enjoying my youth
like I would have had this not have happened to me. For many
years I was not thinking clearly. My responses to people were
nearly destroyed for this duration. The fight or flight reflex is
damaged after a severe assault. The only way I was able to
continue living my life was by making myself forgive those who
took much of my life away.
I have been lucky in many ways in my life. I have been lucky to
have survived a horrible injury at the hands of crime. And I have
been lucky to have been given a chance to make a new life and
for the gift of being able to eventually move on after the violent
crime committed against me. I wouldn’t have been able to
accomplish these feats had I not been lucky, had I not had a
terrific family, great support, had I not kept faith. All of these
things contributed to my great determination that I had at the
time. I was lucky. But there are a lot of people who are not as
lucky as my family and I are. There are those who are not given a
second chance; those who die as a result of their injuries, and
those who, having lost someone so dear to them, are unable to
move on. I was very lucky to have survived with injuries like the
ones I received.
Following my injury, I lost the ability to distinguish other’s
intentions and actions. Because of my paranoia and anxiety, I
couldn’t develop a distinction between those who meant good
will and those who meant me harm. I cannot describe the
feeling that everyone is staring at you in a hostile way, and
always saying bad things about you. The softest whisper invokes
a terror that perhaps that whisper is talking about you. A sudden
unexpected sound invokes a terror that maybe it is all happening
again. Your life is in jeopardy. I can’t explain the feeling of
knowing that you are always being followed when you are
driving or walking or that most people are plotting your demise.
The feeling that there is always someone who is coming to take
your life away, the feeling that you are always on the run is
unbearable.
Because of all of these haywire emotions and thoughts I was
forced to isolate myself from those who I cared for and those
who truly cared for me – my supporters, colleagues and peers,
and most of all, from my family and friends. Because I suffered
brain damage as a result of my attack, I was living in two worlds.
With brain trauma, obviously the brain is affected in many ways.
One of these ways is the fact that brain damage can harm the
natural filters of the brain that control what one says and what
one is thinking. This was the case in my situation. Of course,
after sustaining such a dangerous head injury following a brutal
attack, the violent and intrusively paranoid thoughts that
accompany Post Traumatic Stress Disorder are merged with the
head injuries effects. In my case, this allowed my paranoid and
hyper-vigilante thoughts to escape my mind. I would often
vocalize a threat to something or someone, who definitely
meant me no harm, but who I perceived to pose a very real
threat at that moment. This whole situation was always
extremely difficult for me, because after I would lash out, I
would should really move on’. What I have learned, through
myself and realize what I had done almost immediately and I
would feel terribly. But again and again, for nearly five years,
the thoughts and awful feelings would return almost instantly.
I’ve unfortunately hurt a lot of people this way. For that I am
endlessly sorry. I did not do any of this to intentionally hurt
you or because I was a bad person. I was very badly hurt and
traumatized. The difference between then and now is that I
am now a much more faithful man and I have sought
counselling. As a result of the counselling, I have a great deal
more control and less of these intrusive thoughts. People said,
‘you the hundreds of victims my family has tried to help, is
that pain after violence rarely or never just goes away.
Speaking with many victims, I now understand that I am not
the only one who is experiencing these thoughts. Every victim
of extreme violence experiences this stress to some degree.
Every victim of violence copes differently. My situation,
because of my brain injury, was harder to cope with. And like
almost every other illness, it came in waves for me. There
were times when I was better able to cope with the stress. At
first, when I emerged from my coma, I was generally happy. I
was happy because I was in a state of dissociation. I didn’t
understand what had happened to me yet.
Because of the feelings and thoughts I was experiencing and
the fact that very often, I would vocalize a response to what I
viewed as a genuine threat, an awful circular pattern of spite
and hostility between myself and a world who viewed me as a
bad person developed. They had justification in thinking that
because some of the things I would do were inappropriate.
But they also didn’t understand. The fact that, since the injury,
I viewed the entire world as hostile and bad to me is a little
ironic. I truly believed they posed a very serious threat to me.
The more I threatened others, the more they threatened me.
Most of this, on my part, was fuelled by what I perceived as a
threat to my own safety. Others were only responding to the
fact that I was threatening. And those who really only meant
good will to me, I was forced by my traumatized mind to
attack. The utter confusion, guilt, fear, anxiety and paranoia
were devastating. In no way am I justifying my actions at
times. I would feel threatened and I would frighten and often
shout out. This feeling for me grew as people began to
recognize this and scorn. Because of the fact that they became
hostile to me, I felt more threatened. I am not a bad person – I
was very badly traumatized. Thank God I was given the
opportunity to heal my actions and mind, which many victims
of violence are unable to do.
The effects of being thrust into a world of fear and anxiety
right out of a life of comfort and faith are overwhelming. For
me, the effects of being one day an active youth, just being a
kid, to the next, being in a hospital bed, completely unable to
move was likewise, unbearable. That next day for me, was
Continued on Page 3
Victims of Violence Canadian Centre for Missing Children .
Victim Matters. Volume 1, Issue 2, November 2010.

2
literally three months later. Being paralyzed, for me, was a life
where my only thrill came from the occasional thought that
crossed my mind and trying my hardest to regain strength. In
those early days, I would lie for hours trying to move my pinkie
finger just a little.
From my situation there was a TV movie made. Though this
movie was an excellent illustration of the life of a crime victim, it
did not analyze the long term effects of the crime. It couldn’t
analyze effectively the pain and suffering my family has been
through for the past ten years because it was only a movie.
Time restraints prohibited telling the whole story. Of course, it
was glamorized to a great extent and because of that
glamorization, it, from my point of view, created an illusion that
everything was alright for me and that I was living an
emotionally healthy life on the path to a heroic recovery. I am
just a person. Clearly, the effects that crime has on the
individual cannot be summed up this way. I really should have
taken control of my life. And I would have if I could have. I’m
not saying that I was weak. For this is the life of being subjected
to extreme violence. I am a person. The Post Traumatic Stress is
metaphorically like a devastating disease of the body. It’s
impossible to improve your life if you feel that you are always in
danger. I was not trying to act this way. The feelings, thoughts
and emotions are destructive. They build in you exponentially
until you seek help. And after you get help, you feel some
temporary relief, but then something happens and then another
thing until you are nearly right back where you started from. I
was sure that some cure must exist, but I was not yet at that
point. I wasn’t ready to deal with the horrific feelings until now
because those feelings were so ripe and angry. After all that I
have lived through, what I have seen and felt, I think it is
understandable that I was angry. I was living in a personal hell,
to which my assaulters sentenced me. The way victims of
violence are treated by the judicial system, the financial stress
and social aspects aside, the emotional damage violence can
have on a person is endless.
I guess that the message of this piece is that this is the life of
victims of extreme violence. No one asks for this sort of pain,
this life you are thrust into as a victim. Every victim copes
differently with the effects of crime. What I have learned,
however, is that stress and experiences similar to those that I
experienced affect all victims of violence.
STORY PRINTED WITH THE PERMISSION OF THE WAMBACK FAMILY.
THE CANADIAN CRIME VICTIM FOUNDATION WAS
FOUNDED BY JOE & LOZANNE WAMBACK AFTER THEIR SON
JONATHAN’S ASSAULT. FOR MORE ON THIS ORGANIZATION,
PLEASE VISIT: http://www.ccvf.net
LAYING DOWN THE LAW
BILL C-22: LEGISLATION IN TUNE WITH
TECHNOLOGY
There are just fewer than 2 billion people who use the
internet on a daily basis, a number that has inflated by over
400% over the last ten years (World Internet Usage Statics). A
long awaited piece of legislation that will attempt to bring
the law in accordance with modern advances in technology
and the internet has been introduced into the House of
Commons as Bill C-22. Bill C-22 is An act respecting the
mandatory reporting of internet child pornography by
persons who provide an internet service. This bill was first
th
introduced on May 6 , 2010 by Minister of Justice Rob
Nicholson. If it becomes law, this bill will make it mandatory
for all internet service providers to report sites which contain
internet child pornography to the authorities. This bill
specifically requires that “if a person providing Internet
services is advised of an Internet address where child
pornography may be available, the person must report that
address to the organization designated by the regulations”
and also that “if a person has reasonable grounds to believe
that the Internet services operated by that person are being
used to transmit child pornography, the person must notify
the police.”
This legislation is by no means something new. In fact, an
identical bill, Bill C-58, died last year in December when
Parliament prorogued. The idea of mandatory reporting of
child pornography by internet service providers (ISPs) was
brought to light by former Federal Ombudsman for Victims of
Crime, Steve Sullivan. The Office of the Federal Ombudsman of
Victims of Crime (OFOVC) during the time of his appointment
produced a report called Every Image, Every Child. In this
report, the OFOVC made a total of 9 recommendations
regarding ways that the government can change legislation
and policy to help law enforcement officers pursue any means
available in order to combat child sexual abuse over the
internet.
Some of the recommendations which have been incorporated
into Bill C-22 include first, that the federal government should
expedite legislation which requires ISPs to provide customer
name and address information to law enforcement; second
that they should introduce legislation to require ISPs to retain
customer name and address data, traffic data and content
data for two to five years; third that the government should
make it illegal for an ISP to refuse to provide a password or
encryption code upon request by law enforcement; and fourth
that the government should requires all ISPs to block access to
sites containing images of children who are being abused and
also to block the distribution of known child sexual abuse
images based on images collected by the National Child
Exploitation Coordination Centre.
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Victims of Violence Canadian Centre for Missing Children. 340-117 Centrepointe Drive Ottawa, Ontario K2G 5X3 1-888-606-0000
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VICTIM MATTERS
“People in Canada... need to know that
child pornography will be diligently
prosecuted. We should never yield in the
face of this odious crime.”
NOVEMBER 2010
VOLUME 1, ISSUE 2
- Mr. Marc Lemay, Member of Parliament
Although the actual legislation in Bill C-22 was not precisely
what the Ombudsman had recommended, it does provide first
steps towards allowing law enforcement to combat child sexual
abuse over the internet to the fullest extent. Some of the specific
duties that would be required of ISP’s by Bill C-22 if it receives
Royal Assent include the mandatory reporting by ISP’s of internet
sites which make child pornography available to the public; if an
ISP believes that their service has been used to commit a child
pornography offence, they must report this to the police or other
authorized organization as soon as possible; a person who has
made a report must keep all computer data related to the report
for 21 days after the date of the notification and must destroy it
after the 21 day period unless otherwise ordered by a judicial
body; a person who has made a report cannot disclose whether
they have made a report, regardless of whether or not an
investigation has begun. Additionally, under this bill, it is
important to note that no person who reports an internet
protocol address or website in good faith can have action taken
against them for making that report. Equally important however,
is the explicit provision in the bill (section 7) which states that
nothing in the act authorizes a person to seek out child
pornography; if you do you may be liable under the Criminal
Code of Canada.
Bill C-22 is clearly a very important piece of legislation. With the
rate of child sexual exploitation over the internet increasing at an
exponential speed, legislation such as Bill C-22 is needed
immediately. Agencies like Cybertip.ca (an agency dedicated to
stopping the sexual exploitation of children over the internet)
have reported shocking statistics, such as the fact that nearly 60
countries around the world are hosting child sexual abuse
websites and images, and that 77.6% of web pages had at least
one child abuse image of a child less than 8 years of age.
Additionally, Cybertip.ca stated in their report Child Sexual Abuse
Images, that “strategies to address illegal images and their
movement, once they become available on the Internet, are
essential,” adding that “not only do these sites impact the child
victims within the imagery, but they also assist in creating a
market for this type of material.” With these types of statistics
and statements it is easy to see the impact that legislation such
as Bill C-22 can have on combating crime over the internet,
especially those that involve the sexual abuse children.
Perhaps the words of Daniel Petit, Parliamentary Secretary of
the Minister of Justice, best describe what this legislation
means to victims of internet child abuse. At the second reading
of this bill, Mr. Petit is quoted as saying “this piece of legislation
would strengthen Canada's ability to detect potential child
pornography offences. It would also help reduce the
availability identification, apprehension and prosecution of
offenders. Most importantly, this bill would help identify
victims so they may be rescued from sexual predators.” 
“Child pornography grievously harms all
children: it harms the child who is sexually
assaulted in the making of the images; the
same child is re-victimized every time that
image is viewed.... Because no child should be
victimized in this horrific way, today we pledge
to redouble our efforts to enforce the
international fight against child pornography.”
-
G8 Justice and Home Affairs Ministers
SPOTLIGHT
RUTH CAMPBELL: ADVOCATE, ACADEMIC,
EXPERT
Ruth Campbell is an outstanding member of the victim
services community. She is nationally recognized and has
more than 20 years of experience working in various
capacities as a counsellor, teacher, author and expert in the
area of victimology and victim issues.
Ruth received her Bachelor of Social Work from Carleton
University and has worked with children and families who have
been abused from a variety of backgrounds throughout her
career. Ruth’s interest in victim issues began with her
experiences when working with youth living on the streets in
Edmonton, Alberta. As she was working with and helping
them, some of the youths disclosed that they had been
sexually abused at home and that the abuse was a large part of
why they had turned to the streets. Ruth soon learned that all
of the children she was working with had been abused in some
way, and it was this revelation that had caused her to focus
mainly on assisting victimized children.
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"First contact is key to helping the victim and
not causing more harm. This program will ensure
our graduates are a helpful part of the healing
process."
VICTIM MATTERS
- Ruth Campbell speaking about the Victimology Program at Algonquin College
Much of her work as a counsellor happened during her time with
the Ottawa Police Service as a crisis counsellor. In addition to being
a crisis counsellor, she authored documents and manuals for
training police on issues relating to family violence. Most notably,
at the request of the Canadian International Development Agency,
she has also provided training to senior police officers in order to
assist them with addressing issues regarding violence against
women in Sri Lanka and the Maldives. Ruth has also presented
workshops on human rights and workplace harassment for both the
Royal Canadian Mounted Police as well as the Department of
National Defence.
statements by victims claiming that there were no services
available to them in their area. Ruth has stated that “it is
ridiculous that people say there are no services available,”
and further tells how a “better coordinated system” and
“better knowledge of each victim assistance service” would
allow victims to reach, and be aware of the people and
organizations that are available to them so that they can get
the help that they need.
Additionally, Ruth has also been a mental health worker for the
Ottawa-Carleton Regional Police and was formerly an adjudicator
with the Criminal Injuries Compensation Board. Since this time,
Ruth has become a member of the Board of Directors for the Child
Sexual Abuse Prevention Network and is a member of the Society of
Ontario Adjudicators and Regulators and the Ontario College of
Social Workers and Social Service Workers. Ruth has described that
the main reason she is able to keep working with victims is
because of the variety of positions she has pursued throughout her
career, from working with youth and adolescents to being a
therapist and a trainer.
Pictured (L to R): Ron Jette, Kimothy Walker, Ruth Campbell, Erin
Lee Todd, Audette Shepard, and Steve Sullivan at the Algonquin
College Victimology Launch.
Presently, Ruth is the Chair of the Office for Victims of Crime (OVC).
The OVC is aimed at providing the Attorney General of Ontario with
applicable advice to enable the government to positively address
the diverse needs of victims of crime. This advice is often obtained
from consultations with people harmed by crime, as well as other
stakeholders who either have an expertise or specific interest in
issues that relate to victims of crime in Ontario.
The OVC depends on victims of crime to tell them about programs
that were helpful to them, barriers that prevented their access to
programs or services, and any ideas on ways to improve services.
This information enables the OVC to provide the Attorney General
with advice that is well informed and grounded in the realities of
victims’ lives. The OVC regularly consults with victims, victim
advocates, criminal justice professionals, and community agencies
and organizations that provide assistance to victims of crime. Ruth
works closely with the Attorney General and the Minister’s Office in
order to bring about the changes that victim’s need. One of the
things that Ruth and the OVC have presented to the Attorney
General and are continuously working on is a comprehensive
approach to coordinating victim services and connecting victim
service providers. This particular project was sparked by
Ruth’s most recent feat in assisting victims is the development
and co-ordination of a new Victimology course at Algonquin
College. While it was her idea to put together the proposals
and the advisory committee for the Algonquin program, she
has stated that the “idea itself is not new...many other
countries already have victimology [programs], why shouldn’t
we?” The post graduate course focuses on the needs of
women, men, Aboriginal populations, children and the elderly,
equipping graduates to provide better service to all victims of
crime. Specific course emphasis will be given to issues such as
childhood physical and sexual abuse, intimate partner violence
and sexual assault, as well as a ‘men as victims’ course which is
something that has never been taught at the college level
before. Additionally, a compassion fatigue course will be
included which will help students learn how to prepare
mentally, emotionally and physically for the job. The
victimology course is meant to teach students the theories and
best practices when helping victims and they will develop an
understanding of victims' rights, sudden and traumatic loss,
Continued on Page 6
Victims of Violence Canadian Centre for Missing Children. 340-117 Centrepointe Drive Ottawa, Ontario K2G 5X3 1-888-606-000
5
specific victim populations, and crime and its effects on victims
in the criminal justice system through both in-class work and
field placements.
EXPANDING THE HEADLINES
FROM INSANITY TO MENTAL DISORDER:
NOT CRIMINALLY RESPONSIBLE
At the launch of the program during National Crime Victim
Awareness Week this past spring, Ruth was quoted as saying
that “everyone is very excited about and committed to the
program. The need for a program like this is extremely
evident...People are very engaged, and we are receiving an
overwhelming positive response from the community.” Ruth
has described how the course will benefit service providers and
victims alike, saying that often “service providers may mean
well but they don’t know exactly what to do [in certain
situations]. This course will change that.” She has also
described how “very few courses address how to respond to
victims of crime, yet there is such a demand for trained
professionals.”
Ruth has expressed that workers need
specialized training in order to be able to identify the different
needs of different victims, such as when a parent loses a child
who has been murdered, versus a parent who has lost a child
from disease. The victimology course will address this as well.
It is evident that Ruth possesses a wide variety of skills and
experience that make her a very qualified expert in the victim
community. One of the most memorable things that she has
said to have experienced throughout her career is the
resiliency of victims, particularly child victims, who have
experienced all kinds of abuse and are then still able to growup and become successful and contributing members of
society. One of the challenges Ruth has faced throughout,
however, is getting people to talk about child abuse openly,
especially parents. She has spoken of one situation in which
she was asked what her job was by a parent (at the time she
was working as a therapist for sexually abused children) and
they responded by saying they didn’t want to talk about that.
Ruth rebuffed that response by saying “isn’t that part of the
problem?” Ruth has said that instances such as these are one
of the reasons that she never really looked at her work as a
job, saying that “it is part of how I want things to be different
in society.”
It is evident that Ruth’s problem-solving attitude and her
outstanding efforts benefit victims and service providers
greatly. Whether the benefit is provided through her work as
a therapist, as the Chair for the Office for Victims of Crime, or
through the course she has developed at Algonquin College,
Ruth’s work deserves much recognition and appreciation.
FOR MORE INFORMATION ABOUT THE ALGONQUIN
COLLEGE VICTIMOLOGY PROGRAM, PLEASE VISIT:
http://xweb.algonquincollege.com/fulltime_programs/progra
mOverview.aspx?id=1611X01FWO
OR CONTACT RUTH CAMPBELL:
[email protected]
There has been an increasing focus in the media and by the
public on individuals with mental illnesses coming into
contact with the criminal justice system. Notably convicted
offenders receiving what are perceived as lighter sentences
on the grounds that they are declared “not criminally
responsible” for their actions. At the heart of the issue is
whether offenders, once convicted of their crimes, should be
punished, rehabilitated or both; sending offenders to federal
psychiatric facilities for treatment instead of prisons, or a
combination thereof.
Mental illness is a tough issue to tackle, especially
considering its size. Statistics Canada reports that “… in 2002,
approximately 2.6 million individuals (or 10%) reported
symptoms consistent with mental health disorders, including
major depression, “mania disorder”1, panic disorder, social
phobia and agoraphobia,2 as well as alcohol and illicit drug
dependence. In addition, it is estimated that approximately
1% of the general population has schizophrenia.” A more
focused definition, according to the Canadian National
Committee for Police/Mental Health Liaison, individuals
suffering from mental illness “refer to individuals who are out
of touch with reality and who may need help to keep
themselves or others safe.”
The perception and treatment of people with mental
illnesses has changed drastically over time. The first Canadian
asylum was built in 1714 in Quebec City for female patients
followed by many more throughout Canada. In 1856, the first
separate Criminal Lunatic Asylum opened in Rockwood,
Kingston, housing “the criminally insane” that were previously
kept in the Kingston penitentiary. This shift in treatment can
be seen in law as well. From 1892 to 1992, the Criminal Code
conveyed the power to hold a person found not guilty by
reason of insanity for an indeterminate period of time. Since
1992, amendments to the Criminal Code have actually
increased the rights of offenders found not criminally
responsible. It was determined in the Supreme Court of
Canada ruling in R. v. Swain that persons who had been found
“not guilty by reason of insanity” could not be detained for a
longer period of time than were persons found guilty.
Furthermore, that it was in conflict with the Canadian Charter
of Rights and Freedoms. Bill C-30 was passed in 1992
changing the verdict of “not guilty by reason of insanity” to
“not criminally responsible on account of mental disorder.”
A verdict of not criminally responsible on account of mental
disorder is based on a court ordered psychiatric assessment
by a certified expert. There must be a “mental abnormality
causing impairment,” which excludes voluntary intoxication
or fleeting mental conditions such as a concussion. The
Victims of Violence Canadian Centre for Missing Children. www.victimsofviolence.on.ca
1-888-606-0000
6
individual must also not be able to appreciate the criminal act. It
has also been determined that not all mental disorders result in
NCR verdicts. Compulsive sexual urges, for example, are rarely
considered a defense. An offender can also be declared unfit to
stand trial if they are unable to, due to mental disorder, conduct
a defense, instruct legal counsel, or understand the nature or
consequences of the criminal proceedings. In this case, charges
are stayed or withdrawn, and no order for discharge can be
made. A review is conducted every two years to see if the
accused is fit to stand trial and sufficient evidence still exists to
do so.
A verdict of NCRMD is not synonymous with a finding of guilt or
a conviction. Rather, the verdict means that the court has ruled
that the accused was not criminally responsible for his or her
actions at the time the offence was committed. It is up to the
trial judge to determine the mental competence of the offender.
As a result, many offenders that have mental illnesses do in fact
receive full federal penitentiary sentences. According to the
Department of Justice, “… an accused or counsel may decide
that raising issues of mental illness during criminal proceedings
may not even be in their best interests. Although it may avoid a
criminal conviction, it can also lead to indeterminate
involvement with the system responsible for managing mentally
disordered accused. Thus, only a small group of accused actually
raises the issue of mental illness and/or meets the legal
threshold in Canada.”
According to a Department of Justice study on the issue,
“NCRMD/UST accused have generally committed very serious
violent offences such as murder, attempted murder, assault,
sexual assault, criminal harassment, threats and arson.
Furthermore, approximately three-quarters of those within the
Review Board systems have been diagnosed with schizophrenia
or an affective disorder, such as bi-polar disorder, schizoaffective disorder or major depression; One in five cases that are
processed by the Review Boards are released (e.g., found fit,
given an absolute discharge) after the first hearing; and almost
one-quarter of NCRMD/UST cases are spending at least ten
years in the Review Board systems and some have been in for
significantly longer.”
Many, most in fact, people who suffer from mental illnesses
never come into contact with the criminal justice system. They
are able to cope with it, through treatment and support, and
show no symptoms whatsoever. There are no predisposing
factors of mental illness that point towards likelihood that a
person will become an offender, and no conclusive links relating
the malady to violent behaviour. Research points towards
insufficient and underfunded health care services, both local
and national, for those suffering from mental illnesses. A report
by the Public Health Agency of Canada states “stigma and
discrimination attached to mental illnesses are among the most
tragic realities facing people with mental illness in Canada…
[promoting] stereotyping, fear, embarrassment, anger and
avoidance behaviours.”
Offenders who suffer mental illnesses are statistically more
likely to enter a cycle of criminalization, ending up back in the
system. The 2006 final report of the Standing Senate
Committee on Social Affairs, Science and Technology cites the
“absence of an adequate transition from correctional services
to community-based treatment or support programs” as the
cause. A "lack of continuity" often puts offenders, particularly
released offenders, at risk of experiencing a number of
problems. According to the report they also tend to look for
other means to alleviate their problems, such as selfmedication with illegal drugs, especially in the absence of
sufficient treatment and adequate access to community
support and constant stigma and discrimination. According to
some researchers, many mentally ill persons lack supervision,
access to adequate medication and services, and guidance to
acquire basic skills for daily activities.
Several high profile cases have caused a massive uproar in the
media in the past few years shedding light on the issue. Allan
Schoenborn, the Merritt, B.C., father who admitted to
murdering his three children, and who was convicted of first
degree murder, was found not criminally responsible for his
crimes. An expert for the defense testified that he was
delusional when he killed the children. “It came in one big
flood. There was nothing I could do about it if I tried,”
Schoenborn is quoted as saying. Kimberley Noyes was found
not criminally responsible after abducting and murdering a 12
year old autistic boy. According to Dr. Roy O’Shaughnessy, the
first psychiatrist to interview Ms. Noyes after her arrest, she
“woke up” after the murder and believed it was all a dream.
The trial judge, Mark McEwan, ruled that Ms. Noyes was
delusional and disturbed, and that she could not have possibly
faked her psychosis. Medical experts testified that at the time
of the homicide, Noyes was bipolar and severely depressed,
had gone off her medication and was hearing voices, as well as
pointing out that she had been treated in hospital several times
over the years and that her mental illness was well
documented.
Vincent Li was found not criminally responsible for stabbing
and beheading Tim McLean on a greyhound bus in July 2008.
McLean was on a bus home from Winnipeg, and was the victim
of the completely unprovoked attack. According to the
Manitoba Court of Queen's Bench Judge John Scurfield, Li, 40,
could not be found guilty of murder and is not criminally
responsible for the crime because he was mentally ill at the
time of the killing. Psychiatric evidence presented at the trial
suggested that Li is a schizophrenic, and suffered a major
psychotic episode at the time of the attack. “Li heard voices
from God telling him that McLean was an evil threat that
needed to be eliminated, the psychiatrists said. Even after the
killing, Li believed McLean might come back to life and threaten
him. The psychiatrists testified Li fit the criteria for someone
who was not criminally responsible for their actions due to
mental illness” reports CBC. Li was sent to a provincial
psychiatric facility rather than to prison, and under the review
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7
VICTIM MATTERS
“It's kind of fundamental to our criminal law to
have some different way of treating someone who
simply does not have the ability to understand …
what they're doing due to a mental disorder.”
-
Debra Parkes, University of Manitoba
of Manitoba’s provincial review board, which is tasked with
deciding whether he poses a risk to the public, he can be kept
locked up indefinitely or, when deemed fit, discharged. In his
written ruling, the judge said those who are profoundly ill do not
have the mental capacity to intentionally commit a crime. “It is
clear that since the 19th century the law has distinguished
between those persons who commit criminal acts because of a
mental disorder and sane persons,” Scurfield said.
mental illness will offend in the first place, there are no real
ways of predicting that someone like Vincent Li will never
offend again. If a balance could be struck between increasing
treatment and health care for people suffering from mental
illnesses before they lose control, as well as stiffer sentences
for repeat NCRMD and extremely violent offenders, the
system would be improved for those unfortunate enough to
have to live with mental illnesses, as well as accounting for
the safety of the public. 
Tim’s family has been lobbying the government for changes to be
made to the criminal code, a piece of legislation aimed at
protecting victims called “Tim’s Law”. If passed, it would prevent
a person found not criminally responsible for a crime from ever
being released into the community. Aimed at the most violent
and unpredictable offenders, they would face incarceration for
life with no possibility of parole for the rest of their natural life.
The focus is on public safety. In a case like Li’s, where he went off
his medication and in that state committed his heinous actions,
the argument goes that if he was under lock and key he could be
safely monitored and treated, and would no longer pose a threat
to the community at large in the event he were to lapse again.
However, arguments against the proposed legislation are
plentiful as well. Jennifer Chambers, a mental health advocate in
Toronto, told CBC that she “understands the emotional reaction
by victims' families, but says the belief that a finding of not
criminally responsible is not a type of punishment is flawed. "It's
based on a misunderstanding, in part from watching American
TV, that getting found not criminally responsible is somehow
getting off. But also, it's based on the concept that vengeance is
always the right response to someone who's committed harm,”
she said. “In fact, if you're found [not criminally responsible], you
usually spend much longer in custody than if you were found
guilty of crime, so in that respect, if people are looking for
punishment, people usually get more punishment than they
typically deserve.”
The finding of not criminally responsible is an additional element
to our normal findings of either guilty or not guilty. However, it is
not to be confused with a finding of not guilty as the offender is
still remanded into custody, often for longer than an offender
simply found guilty. While balancing the rights of the offenders,
the rights of the victim and the public safety the majority of the
time, perhaps the supporter’s of “Tim’s Law” have a point. Some
extra measure clearly needs to be taken for offenders who
commit extremely violent acts in the name of public safety. While
there is no way to predict factors that a person suffering from
For more information on “Tim’s Law”
Or to lend your support, please visit the website at:
http://www.timslaw.ca/
SPOTLIGHT
CANADIAN COALITION AGAINST TERROR:
CANADA`S FIRST TERROR VICTIM ADVOCACY GROUP
The Canadian Coalition Against Terror (C-CAT) is the first
organization of its kind in Canada, and is the only
organization in Canada that advocates specifically for victims
of terror. It has played a significant role in bringing the
specific needs of victims of terrorism to the forefront of
government policy and the public.
The organization was formed in response to the September
th
11 2001 terrorist attacks, but C-CAT also recognizes other
acts of terror, including the Air India Bombing which was
equally traumatic. The main goal of the organization is to
build bridges between the private and public sectors in the
fight against terror, and also to assist terror victims with
rebuilding their lives.
C-CAT was formed with the intent of being a unique and nonpartisan policy, research and advocacy body comprised of
Canadian terror victims, counterterrorism professionals, legal
professionals and other individuals committed to enhancing
Canada's counterterrorism policies. C-CAT speaks for a
unique constituency of Canadians who have been affected by
terrorism, and has held many initiatives which have
attempted to improve the current situation in Canada
Continued on Page 9
Victims of Violence Canadian Centre for Missing Children. Victim Matters.
Volume 1, Issue 2, November 2010.
8
regarding victims of terror.
VICTIM
MATTERS
C-CAT stresses
the fact that terror victims are no more or
less traumatized then victims of other crimes, but wants
boxterror
or enter
quoteare
or tagline
here.
awarenessDelete
raisedthis
that
victims
in a different
category then other victims. Because awareness about the
existence of victims of terror in Canada has been relatively
low, there is no policy or plan in place that they can draw on
to address their specific needs. In response to this gap in the
services available, one of the goals that C-CAT has pursued is
the introduction of legislation that will allow victims to seek
some semblance of justice through civil courts by suing those
who facilitate the terror economy.
C-CAT is the driving force behind Bill C-7, The Justice for
Victims of Terror Act, which will enable Canadian terror
victims and their families to launch civil suits against foreign
states and local Canadian organizations and individuals that
have financially supported terrorist activities. The purpose
of the proposed legislation is to compensate terrorism
victims financially for their losses, to hold guilty parties
responsible through civil judgments, even though the
Canadian criminal system may have been unable to obtain
justice, and to protect other individuals from becoming
future victims of terrorists by severely impairing or even
bankrupting terrorist financial infrastructure.
“Terrorism is a criminal act that influences an
audience beyond the immediate victim”
- International Terrorism and Security Research Agency.
C-CAT is also campaigning to have the Iranian Revolutionary
Guard Corps (IRGC) designated as a terrorist entity in
Canada. C-CAT states that the IRGC “is the principal body
engaged in sponsoring terrorist and militant groups and
activity both in Iran and abroad” and also that the IRGC “is
an entity that has, from its inception, facilitated, supported
and directly committed acts that are deemed ‘terrorist
activity’ under Canadian law.” It is for these reasons they
feel that adding this group to the list of terrorist entities in
Canada “would target the nerve centre of Iran's nuclear,
terrorist and human rights abuses” and also that it would
“deter Canadian business and financial institutions from
dealing with Iranian businesses associated with the IRGC, for
fear of fines or other criminal sanctions.”
They are also advocating for regulations regarding the
government’s ability to seize terror assets and distribute the
monies to terror victims. Unfortunately there is no plan in
place that outlines how the government is supposed to go
about distributing these monies as of now. Because of this,
C-CAT hopes that the government will implement a national
policy to distribute these funds as a way to deter and impede
future acts of terrorism, therefore providing further justice for
victims that the criminal courts may not be able to provide
them.
While the events of the September 11th terrorist attacks
were the turning point for action against terrorism across the
country and internationally, C-CAT recognizes the first major
terrorist attack against Canadians to be the Air India Bombing
in 1985. In their final submission as an intervener at the Air
India Inquiry in 2006, C-CAT described how victims of terror
crimes are unique in that they are the “involuntary frontline
soldiers in a war waged by terrorists.” C-CAT believes that by
failing victims of terror the government has not only
committed an injustice, but has “failed to deal with what
terrorism is.” To begin to remedy the way the government
treats victims of terror crimes, the organization made 7
recommendations in this Air India Inquiry submission that
would work to improve the situation of Canadian terror
victims.
These recommendations included: 1) Changes to legislation
to allow victims the option of laying a civil suit against local
and state sponsors of terror (as described earlier); 2) Privacy
and Protocols: privacy laws put in place to prevent obstacles
that prevent government from sharing information with
agencies that are mandated to help victims of terror, and also
to inform the family of terror victims about their loss in a way
that will not harm them further; 3) The establishment of an
agency to coordinate between jurisdictions in the aftermath
of a terrorist attack in the form of an office that liaises
between provincial and federal bodies and has the ability to
coordinate efforts with foreign states which would also
provide free legal assistance to victims; 4) Federal
Government Cost-Sharing: while compensation for victims is
currently a provincial responsibility, the criminal and
international facets of terrorism establish the phenomenon as
a federal matter, the federal government should participate in
taking care of Canadian terror victims; 5) All provinces should
abide by a single standard for providing compensation to its
residents who were victimized by terrorism abroad to address
the gap between assistance from the country they were living
in, and assistance from the Canadian government; 6)
Establishment of a federal office which reviews the paperwork
of victims and streamlines the process so that documents are
returned promptly and replicate forms are not needed be
established; and 7) Insurance rules regarding terrorism: the
creation of a government program that backs up insurance
companies and guarantees that certain terrorist-related
claims will be paid. These initiatives were the initial goals of CCAT and are constantly being developed in an attempt to
improve the circumstances for victims of terror in Canada.
The work that C-CAT does and the points that they advocate
for are pioneering in the victim community. The organization
Continued on Page 10
Victims of Violence Canadian Centre for Missing Children. www.victimsofviolence.on.ca
1-888-606-0000
9
deserves much recognition and commemoration for their
initiatives and efforts, especially because much of the work that
they do is on their own time and many of their resources are
provided almost exclusively from individual donations or pro
bono contributions.
No other organization in Canada has attempted to lessen the
impact of terror victimization and advocated for the means
necessary for terror victims to be adequately compensated for
their victimization to the extent that C-CAT has. The Canadian
Coalition Against Terror is an organization that has become an
authority on the needs and issues that affect terror victims and
has done an exceptional job at putting forth their efforts. 
C-CAT can be reached by email at [email protected].
RELEASE OF THE 2009 GENERAL SOCIAL
SURVEY ON VICTIMIZATION
One of the most effective tools used to gather information about
criminal victimization is the General Social Survey (GSS) on
Victimization. This survey gathers information both from law
enforcement agencies as well as self reports from participants who
are over 15 years of age. The findings of most recent survey (2009)
have recently been released.
It was found that the rate of violent victimization has remained
stable since 2004, in that about 6% of the population has been
victimized in the past 12 months. The majority of the people
victimized were between the ages of 15 and 24 (15 times that of
people over the age of 65), and of these people, most were males
and most of these people identified as being students.
Additionally, those who identified as being Aboriginal had a rate of
victimization that was twice as high as those who do not identify as
being Aboriginal. Interestingly, those who identified as being a
visible minority reported less victimization than for those who were
COMMENTS OR FEED BACK?
non-visible minorities. Rates of victimization were also lower for
immigrants than for non-immigrants. Of all of the incidents of
victimization, only 31% were reported to police. Incidents of
household (break-ins) victimization were most often reported (36%),
followed by incidents of violent victimization (29%) and thefts of
personal property (28%). For both violent and non-violent incidents,
rates of reporting to police tend to differ depending on the type of
crime. For example, 43% of robberies were reported, compared to
34% of physical assaults. The majority of sexual assaults were not
reported to the police (88%).
When asked why they chose to report a crime, participants reported
that a sense of duty was the most common reason they did it (86%).
For those who chose not to report the crime, they stated most
commonly that they believed the incident was not important enough
to report (68%), thought there was nothing the police could do to
help (59%), dealt with the situation in another way (42%) or felt that
the incident was a personal matter (36%). To a lesser extent, victims
also stated reasons such as they didn’t want the police involved, had
no confidence in the justice system, insurance wouldn’t cover costs,
police would be biased, no items were taken, fear of revenge by the
offender, or fear of media coverage.
The survey also asked participants how the crimes affected them
emotionally. It was found that 8 in 10 people were affected
emotionally by their victimization, and even though household crime
primarily targets property rather than people, victims of these
crimes were just as likely as victims of violent crimes to be affected
emotionally. The most common reactions were anger, feeling
upset/confused/frustrated, annoyed, fear, and becoming more
cautious/aware. Many victims of violent crime also reported
disruptions to their day. Overall, more than 1 in 4 (28%) victims of
violent crime said that they found it difficult or even impossible to
carry out their daily activities.
The GSS is a valuable tool for obtaining statistics on the true number
of victims and types of victimization in Canada. For more information
about these statistics and others, visit:
http://www.statcan.gc.ca/pub/85-002-x/2010002/article/11340eng.htm#a1.
LINKS OF INTEREST
IDEAS?

POLICY CENTRE FOR VICTIM ISSUES
www.justice.gc.ca/eng/pi/pcvi-cpcv/index.html
SEND US YOUR THOUGHTS TO:

DEPARTMENT OF JUSTICE
www.justice.gc.ca

ALGONQUIN COLLEGE VICTIMOLOGY PROGRAM
http://xweb.algonquincollege.com/fulltime_programs/pro
gramOverview.aspx?id=1611X01FWO

OFFICE FOR VICTIMS OF CRIME
http://www.ovc.gov.on.ca

CANADIAN COALITION AGAINST TERRORISM
http://www.c-cat.ca/
[email protected]
VICTIMS OF VIOLENCE
340 – 117 CENTREPOINTE DRIVE,
OTTAWA, ONTARIO
K2G 5X3
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10