Victim Matters - Victims of Violence
Transcription
Victim Matters - Victims of Violence
“VICTIM MATTERS” JANUARY/FEBRUARY 2013 VOLUME 3, ISSUE 3 A TRADE JOURNAL Welcome to the January issue of Victim Matters, a publication of Victims of Violence. Happy New Year! Please share this publication with colleagues and friends, or have them sign-up to receive it by emailing [email protected]. Victim Matters would not be possible without Funding from the Department of Justice Victims Fund. Department of Justice Canada Ministère de la Justice Canada IN THIS ISSUE… VICTIMS VOICE: HOPE COMES TO LIFE by Sylvie Teague LAYING DOWN THE LAW: PUTTING VIOLENT OFFENDERS BEHIND BARS: CONDITIONAL SENTENCES AND AMENDMENTS TO HOUSE ARREST EXPANDING THE HEADLINES: SYSTEMIC DISCRIMINATION: ABORIGINAL VICTIMS BLAST FROM THE PAST: Views – expressed or implied – in Victim Matters are not necessarily those of the Department of Justice. FOCUSING ON VICTIMS OF CRIME: CREATING THE POLICY CENTRE FOR VICTIMS ISSUES SPOTLIGHT: VICTIMS VOICE HOPE COMES TO LIFE OVERCOMING ABUSE: SHELDON KENNEDY’S STORY THE CROWN WITNESS COORDINATOR PROGRAM: ASSISTING CANADA’S NORTHERN VICTIM/WITNESSES By Sylvie Teague The warm sunny days of summer had quickly disappeared to welcome September and the changes it would bring. The start of a new school year, new beginnings and it all seemed so promising. It was Labour Day and we invited Carey and Jenny to join us for a late breakfast and to spend some time together before work and school life took over much of our spare time. We arrived at one of our favourite restaurants and were seated by the window. As we engaged in a game of hangman we were able to enjoy each other’s company and observe the passersby. During our discussion, we came to understand that over the past week leading up to the start of school, that at work, Jenny had been working the closing shifts. She was now trying to juggle sleep, school, closing duties and now brunch with her family. While Carey and his dad carried on quite the conversation, Jenny and I were involved in one of our own. From our conversation, I also learned that she hadn’t been getting much sleep. I asked if she had explained to her supervisor that she was still in school. It turns out that they had just recently assigned her to closing duties every night since the others, with more seniority, had also gone back to school. At the end of the conversation, we both agreed that she could not continue closing every night and expect to function well at school. We also agreed that she needed to be careful walking home at that time of night. We didn’t know then, that this day, Monday, September 06, 2005 would be the last time the four of us would share such a great day together. Three days later, the promise of a bright future would seemingly be shattered by one late night phone call. When the phone rang, I was suspicious that there was a problem. Jenny’s mom had called but we never envisioned anything tragic. Usually it was something that could easily be resolved. We learned that Jenny had called her mom when she was on her way home but somehow she never arrived. Needless to say, it was impossible to sleep that night. On Friday morning Ed left work after only being there a few minutes and went to Jenny’s home to find out what was happening. Jenny’s mother had called the police to report her disappearance and Ed took a current photo of his baby girl to the police station in their community. This location would then forward the photo to the missing persons division. Being a concerned father and somewhat apprehensive, he had expected some comfort in knowing that the police were now involved. Unfortunately, the reception he received was less than comforting and the police officer serving him showed little or no interest in the dire situation. He informed Ed that his daughter being 18 years, 2 months and 8 days old was an adult and had a “right to be missing”. Needless to say the first encounter with law enforcement was a little distressing. We weren’t sure what that really meant. Maybe it was just poor choices of words. The local radio station was then contacted and informed of the missing person’s police report. Receiving no immediate help from the police, Ed picked me up from work and we took to the streets walking the path Jenny would have taken home – retracing her steps. We asked permission to look in a church basement. What were we expecting to find? Honestly, I didn’t know but we had to take the chance. All we found were a couple rooms full of innocent little children in a Continued on Page 2 Victims of Violence Canadian Centre for Missing Children 340-117 Centrepointe Drive, Ottawa, Ontario K2G 5X3 1-888-606-0000 1 daycare. We searched the entire church yard and surrounding areas while trying to hang on to our hope. We continued the search down by the train tracks trying to keep a keen eye for anything that looked out of place or strange and again found nothing. We went to the corner store where Jenny was last seen and obtained the security video from the manager. We then went to visit a close friend to talk and figure out how to view the surveillance tape. While there, the radio made several announcements about the missing Barrhaven teenager. The missing persons division also called Ed’s cell phone and asked us to bring them the tape. We arrived after 6pm, handed over the tape and the officer we dealt with, informed us that Jenny’s photo submitted earlier in the morning would not arrive until Monday at which time they could start their investigation. He insisted that Jenny was just partying with friends and patted the stack of files on his desk to show us how busy he was. Had it not been for a number of phone calls made earlier in the day, we may not have had any assistance. While with the officer, his phone rang and the voice on the other end caused him to quickly discard the cavalier attitude, sit up in his chair immediately and take note of the missing Barrhaven teenager, Jennifer Teague. What a difference in his tone once he got off the phone. During the telephone conversation, he pulled out her file from the bottom of the pile and actually opened it to view its contents with some earnestness. All of a sudden, we were getting somewhere. It looked as though all those prayers and phone calls for assistance placed earlier in the day were now taking effect. That evening we left the police station with confidence that something was being done at last. Without our faith, we may have lost hope considering the reception we had been receiving. That same night, around 9pm Ed gave his first plea on one of Ottawa’s local television station for Jenny to come home or for someone to come forward with information. The next morning things were different. Before noon, a command post was set up directly across from the path where Jenny was believed to have gone missing. It was in the parking lot of the United Church whose property we had also searched the previous day. Our determination initiated the largest search operation the nation’s capital had seen in thirty years with helicopters, search lights, tracking dogs, divers and officers in hip waders. Volunteers from every law enforcement group and citizens came out to help. Victims of Violence Canadian Centre for Missing Children (VOV) had already begun to help by creating posters and banners and placing them where they were most visible to bring awareness. Although you can never make sense of a tragedy such as this, with help and the proper services you can learn to cope until you can learn to live life again. We met Gary and Sharon of VOV and they took the time to share their story with us. Being able to share with people who had been where we were at that moment sure helped in figuring some things out. Dealing with the media, the police and this looming tragedy now a part of our lives, we would need guidance. Once the command post was set up, a whirlwind of help from everywhere ensued. We met with the Chief of Police, a Detective Sergeant of Major Crimes and his partner at the United Church. They took the time to explain what we were dealing with and their role in great detail. Their approach gave us confidence that they were now taking Jenny’s disappearance seriously. Immediately the Ottawa Police Victim Crisis Unit assigned our family two counsellors as they were dealing with two households. One for Jenny’s mom and brothers, and the other for Ed and I. Because of our faith, they tried to assign us a grief counsellor who could best understand us and work with us through this crisis. She was absolutely amazing. The Police public relations officer working on the case and the lead detective were great resources for Ed when it came to speaking with the reporters. Although they never vetted his words, they were able to direct him in the types of questions he may be asked and things he may want to avoid saying or traps he may want to avoid altogether. During the six days of intense search they kept us informed with at least one briefing daily. Despite the failure of the search to yield any clues to end our nightmare, we still held to our faith as our friends, family and community continued to support us and pray for us. Although shattered when Jenny’s body was found, we knew we had to find out who did this. The Chief of Police and the investigating team assured us that they would not let Jenny’s case become a cold case. For nine months we waited for answers as we tried to re-enter a shattered world and live again. Throughout this time, the lead investigator would contact us from time to time to give us an update and answer any questions or concerns we had. We never had to worry about hearing updates on the news first. The ongoing contact with the police gave us confidence that they were actively working on Jenny’s case and seeking answers to our unanswered questions. When Kevin Davis turned himself in and the investigative team was certain the individual in their custody was the right person they called us immediately and arranged for a meeting with our family. Although it was about one o’clock in the morning when we met for the briefing we were thankful that we were informed prior to the media announcements. On the afternoon of Davis’s arraignment, Ed wanted to attend so he could get a glimpse of this cold heartless individual who stole the life of his baby girl. Not knowing how a grieving heartbroken father would respond to seeing his daughter’s murderer for the first time, a representative from Victim Services offered to drive us to the courthouse and attend the hearing with us. I was so grateful for the gesture, and it always stands out in my mind. It took about 7 months to bring us to trial from the day charges were laid. During those 7 months we never had to wonder what was happening. The detective was in contact with us regularly. Sometimes there were delays in hearings or reports in the news that could have discouraged us but he would call to give clarification and encouraged us by assuring us the case was solid. As we approached the final trial date, we had several meetings with the Prosecutor who took the time to explain her role and what we could expect from her as well as the judicial process. She was caring and sympathetic to Jenny’s family and friends who all had been impacted by this horrific crime. On the day of the trial, she reviewed the processes with us and also informed us of the content of the confession, giving us time to absorb what we would later hear in the courtroom. Continued on Page 3 Victims of Violence Canadian Centre for Missing Children VICTIM MATTERS Volume 3, Issue 3, January/February 2013 2 Jenny’s murder was a crime against our family, not just Jenny herself. By the police and the judiciary not keeping us at arm’s length, I believe we experienced certain level of reduced anxiety and far greater satisfaction with the entire process. We know for certain that everything that could have been done to find Jenny and then her murderer was in fact done. We have not been left with any unanswered questions about the investigation or the final outcome of the confession at the trial. LAYING DOWN THE LAW PUTTING VIOLENT OFFENDERS BEHIND BARS: CONDITIONAL SENTENCES AND AMENDMENTS TO HOUSE ARREST In 1996 conditional sentences were introduced to the Canadian criminal justice system with the passing of Bill C-41. Sections 742 to 742.7 of the Criminal Code outline the specific details of a conditional sentence, defining it as a sentence that the offender serves in the community - as opposed to in prison. Within the sections mentioned above, specific guidelines are provided to guide judges in their understanding of when a conditional sentence may be an appropriate sentence to impose. These guidelines are found under section 742.1 of the Criminal Code, and are described as follows: The offence for which the person has been convicted must not be punishable by a minimum term of imprisonment; The sentencing judge must have determined that the offence should be subject to a term of imprisonment of less than two years; The sentencing judge must be satisfied that serving the sentence in the community would not endanger the safety of the community; and The sentencing judge must be satisfied that the conditional sentence would be consistent with the fundamental purpose and principles of sentencing, as set out in sections 718 to 718.2. The Criminal Code also outlines specific conditions that an offender must meet when serving a conditional sentence. Section 742.3 (1) outlines these conditions, which are defined as ‘compulsory conditions.’ These conditions are deemed compulsory because they are included in every conditional sentence that is handed down by a judge: Keep the peace and be of good behaviour; Appear before the court when required to do so; Report to a supervisor when required; Remain within the jurisdiction of the court, unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and Notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor or any change of employment or occupation. There are several other common restrictions that can be imposed based on the judge’s discretion. These types of restrictions are imposed on a case-by-case basis, and are defined as ‘optional conditions.’ These conditions are outlined in section 742.3(2) of the Criminal Code: Victims of Violence Canadian Centre for Missing Children Abstain from the consumption of alcohol or other intoxicating substances, or the consumption of drugs except in accordance with a medical prescription; Abstain from owning, possessing or carrying a weapon; Provide for the support or care of dependants; Perform up to 240 hours of community service over a period not exceeding 18 months; and Attend a treatment program approved by the province. A judge may use his or her discretion to decide if they want to impose some, all, or none of these optional conditions when delivering a conditional sentence. Their decision is rendered with the main objective preventing the offender from committing another criminal act while in the community. The judge also has the opportunity to impose any other optional conditions that the court considers to be reasonable and desirable to ensure good behaviour from the offender while they are in the community. If an offender should breach any of the compulsory or optional conditions that are attached to their sentence, there are four potential outcomes. One possibility is the removal or addition of certain optional conditions to the sentence, based on the judge’s discretion. Another possible outcome is that the judge may decide to suspend the conditional sentence temporarily, and impose a term of imprisonment before releasing the offender back into the community to serve the rest of their conditional sentence. Once released from prison, the judge may decide whether or not he or she deems it appropriate to make any changes to the original optional conditions imposed for the duration of the conditional sentence. There are two other possible outcomes for a breach of conditions. Depending on the severity of the breach, the judge could decide to terminate the conditional sentence altogether and sentence the offender to serve the remainder of the sentence in prison, as opposed to in the community. On the other hand, the judge could also decide to take no action at all against a breach of conditions. Again, this comes down to the judge’s discretion. Historically, there have been many examples of offenders who have committed serious, violent crimes and received a conditional sentence as punishment for the crime. One landmark case was the case of R. v. Proulx. Jermoie Proulx was convicted of dangerous driving causing death and injury after driving while intoxicated. One passenger of the vehicle he was driving was killed, while the driver of the vehicle he struck was seriously injured. For this crime, Proulx originally received a sentence of incarceration; however on appeal the court overturned this decision so that Proulx served the remainder of his sentence in the community. In addition to this is the example of R. v. Bhalru and R. v. Khosa in which both defendants were found guilty of criminal negligence causing death after the two were caught street racing and causing the tragic death of an innocent pedestrian. Both defendants received a conditional sentence of two years less a VICTIM MATTERS Continued on Page 4 Volume 3, Issue 3, January/February 2013 3 “CHRONIC AND VIOLENT OFFENDERS ROTATE IN AND OUT OF THE CORRECTIONAL AND JUDICIAL SYSTEMS, CREATING A SENSE OF FRUSTRATION AMONG POLICE PERSONNEL AND FOSTERING UNCERTAINTY AND FEAR IN OUR COMMUNITIES… THIS IS A POSITIVE STEP TO ADDRESS THE REVOLVING DOOR JUSTICE SYSTEM AND INSTIL MEANINGFUL AND PROPORTIONATE CONSEQUENCES FOR SERIOUS AND VIOLENT CRIMES.” - VICTIM MATTERS Charles Momy, President of the Canadian Police Association on Ending House Arrest for serious crimes day, followed by three years of probation. The sentence also had optional conditions attached as well. These conditions were house arrest, and 24 hours of community service to be completed in 18 months. The defendants also received a five-year driving prohibition as part of their sentence. o A conditional sentence being imposed typically means the offender is still able to attend work or school, but with certain restrictions imposed on them. One of the potential restrictions is having a curfew placed on the offender, or only being able to leave their house for certain purposes – such as work. This is known as house arrest. The sentence explicitly states when and why the offender is allowed to leave their house, and for those purposes only. However, with the introduction of Bill C-10, the Safe Streets and Community Act, amendments were introduced that effect what offenders are eligible for conditional sentences. o o The Conservative government promised to get tough on crime and advance victims’ rights during the last federal election, and have succeeded in doing so by incorporating the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act. This act amends section 742.1 of the Criminal Code, which as discussed previously outlines when a judge is able to impose a conditional sentence on an offender. This amendment introduces legislation that eliminates the possibility of a conditional sentence for certain serious crimes. Now, section 742.1 states that a judge can impose a conditional sentence when: The court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing; The offence does not hold a mandatory minimum sentence of imprisonment; The offence is not an offence for which the maximum term of imprisonment is 14 years or life; The offence is not a terrorism offence, or a criminal organization offence, for which the maximum term of imprisonment is 10 years or more The offence is not an offence that carries a maximum term of imprisonment of 10 years, that o Resulted in bodily harm o Involved the import, export, trafficking or production of drugs, or o Involved the use of a weapon; and The offence is not an offence, prosecuted by way of indictment, under any of the following provisions o Section 144 (prison breach) o Section 172.1 (luring a child) o Section 264 (criminal harassment) o Section 271 (sexual assault) o Section 279 (kidnapping) o Victims of Violence Canadian Centre for Missing Children. o o o Section 279.02 (trafficking in persons – material benefit) Section 283 (abduction) Paragraph 334(a) (theft over $5000) Paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house) Section 349 (being unlawfully in a dwelling-house) Section 435 (arson for fraudulent purpose) This act was passed as part of Bill C-10, which received its royal assent on March 13, 2012. The Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act came into force on November 20, 2012. As a result of this amendment, the government of Canada has demonstrated their consideration for community safety, and also their desire for justice against those who commit criminal acts. As the Minister of Justice and Attorney General of Canada Rob Nicholson stated in reference to this specific act, “house arrest should not be available for offenders of serious crimes like sexual assault, kidnapping, and human trafficking. Those who commit these violent crimes must serve their time behind bars, not in the comfort of their homes and that is exactly the issue this legislation corrects.” For general information on conditional sentences, please visit: http://lawfacts.ca/node/68. For more information on the recent changes regarding conditional sentencing and a list of ineligible offences, please visit: www.justice.gc.ca/eng/news-nouv/nr-cp/2012/doc_32812.html. http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0544 -e.htm SPOTLIGHT http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0544 OVERCOMING ABUSE: SHELDON -e.htm KENNEDY’S STORY Sheldon Kennedy was born on June 15, 1969 in Brandon, MB. He began excelling at hockey at a young age. In 1985 he began playing with the Winnipeg South Blues, and for the 1986 season with the Swift Current Broncos. In 1989, at the age of 20, he was drafted into the NHL where he played for several teams until 1997. Kennedy was also on Canada’s gold medal winning team in the 1988 World Junior Hockey Championships. In 1997 after an ATV accident that badly injured his leg and ended his NHL career, Kennedy made the decision to speak out- and would become known for something entirely different than a professional hockey player. Kennedy disclosed to the public and the police that he was sexually abused for five years as a teenager by his junior hockey coach, Graham James. In 1998, James pled guilty to sexually assaulting Kennedy and VICTIM MATTERS Continued on Page 5 Volume 3, Issue 3, January/February 2013 4 “THE COACH IS SO RESPECTED. YOUR PARENTS SEND VICTIM MATTERS YOU AWAY AND SAY, ‘DO WHAT HE SAYS.’ AT THAT AGE, YOU LISTEN. THAT’S YOUR FIRST STEP IF YOU WANT TO PLAY PRO.” - SHELDON KENNEDY another of his teammates on 350 separate occasions. He was sentenced to three and a half years in prison and was paroled after completing only 18 months of his sentence in 2001. Since the disclosure of the sexual abuse Kennedy suffered as a teen, he has become an advocate and spokesperson for violence and abuse prevention programs across Canada. In an effort to raise awareness and money for abuse prevention, Kennedy established the Sheldon Kennedy Foundation. In the summer of 1998 Kennedy rollerbladed across Canada to raise money to create a ranch in B.C that would help abused children. Over his four month long journey, Kennedy raised approximately one million dollars, but unfortunately, this amount was considerably short of the fifteen million dollars required to establish the ranch. Consequently, Kennedy decided to donate the proceeds of the campaign to the Canadian Red Cross and its abuseprevention program. After the summer of 1998, Kennedy disappeared from the public spotlight for awhile. While the public would only learn later, Kennedy had been struggling for a long time with substance abuse issues, and spent a few years after that summer in rehabilitation programs. Kennedy now acknowledges that at the time of his fundraising efforts, he was going through a lot. The years of sexual abuse coupled with years of substance abuse meant that Kennedy had a lot of things to work through on his road to recovery. He couldn’t fulfill the role of being a poster boy for preventing child sexual abuse because he had so much healing to do himself. After a few years out of the spotlight, Kennedy’s next endeavour came in the form of co-founding an organization that provides empowering on-line education for the prevention of abuse, bullying, and harassment. Respect Group Inc. was formed in 2004, and has since certified over 200,000 Canadians on the prevention of abuse, bullying and harassment. Evidence of the organization’s success can be seen in the adoption of Respect Group Inc.’s programs by large associations such as Hockey Canada, Cross Country Ski Canada, National Karate Association of Canada, Hockey Manitoba, Baseball Alberta, and many more. extended the time a person had to wait to apply for a pardon from three years to five years for a summary offence and from five to ten years for an indictable offence, and changed the term “pardon” to the term “record suspension.” Kennedy participated at the committee stage of the Bill by speaking about his experiences as a survivor of child abuse. To Kennedy, pedophiles should never be pardoned; the harm they have caused is just too great. He stated, “Children who are victimized spend a lifetime trying to explain what happened to them and working to restore their emotional well-being. Meanwhile, perpetrators get pardoned.” Regarding the pardon terminology issue, Kennedy testified that pardoning an offender implied offenders had been forgiven, something that only victims and their families could ever do, not the Parole Board of Canada. Additionally, Kennedy felt the new term “record suspension” more accurately reflected the fact that when a person’s criminal record is cleared via a pardon, it can be restored should the offender reoffend (ie. it is suspended and not completely discarded). Bill C-23 did not pass the final reading in the House of Commons because of the Federal election in 2010; however it was incorporated into Bill C-10, the Omnibus Crime Bill of 2012. Kennedy also had a chance to speak about his experiences in a Senate committee on that Bill, which received royal assent and became law in March of 2012. Thanks in part to Kennedy’s testimony and publicity work regarding Bill C-10, provisions originally contained in Bill C-23, in addition to new mandatory In 2007 Graham James received a pardon from the Parole Board of Canada only nine years after his conviction and six years after his release from prison. Kennedy and the public only learned of this in 2010, and were clearly very shocked; how could a convicted pedophile be pardoned? The Canadian Federal government immediately took action and introduced Bill C-23 to help ensure something like that never happens again. The Bill made those convicted of a sexual offence against a minor ineligible for a pardon, SHELDON KENNEDY Continued on Page 6 Victims of Violence Canadian Centre for Missing Children. 340-117 Centrepointe Drive Ottawa, Ontario K2G 5X3 1-888-606-0000 5 minimum sentences for sex crimes against children and two new offences related to grooming or luring minors were created. In addition to his work in Canada, Kennedy has also travelled south of the border to speak at a United States Senate Subcommittee on child abuse. While there, he urged the U.S. to fix the power imbalance between child abusers and the children they abuse. He drew parallels between the Penn State Football Coach abuse case and that of Graham James, and cited a power imbalance as one of the main problem that prevents people from standing up against abusers even when the abuse may be apparent; some people feel too intimidated to speak out against the perpetrators of child abuse because, as was the true in those two cases, they were key members of the community who were very much idolized and respected. Kennedy urged the Senate to empower bystanders to enable them to speak out and break the silence on child abuse. Graham James, after finishing his sentence in 2001, left Canada for Spain, where he began coaching hockey once again. After complaints to the hockey association in Spain by the Canadian Hockey Association he was fired. He then made his way to Mexico where he lived under his middle name Michael. Recently however, James was brought back to Canada on new charges of child sexual abuse against former NHL hockey players Theo Fleury and Todd Holt, boys he once coached as juniors. James pled guilty and in March 2012, days after Bill C-10 was passed, he was sentenced to two years in jail. He is currently serving his sentence in an Alberta federal prison; however the Crown is appealing the sentence as she feels the sentence is not harsh enough. A decision on the appeal should be made in January 2013. In response to the recent conviction of James, Kennedy stated that although there have been recent advances in legislation such as Bill C-10; the impact that child sexual abuse has on victims is still frequently invisible to the legal system and society at large. Kennedy stated that although he is an advocate of longer sentences for pedophiles, it is not enough. He says, “If we really want to make change, longer sentences alone will not expedite the healing process for victims or eliminate abuse. We need to make the damage visible by educating the public.” Kennedy aims to realize these goals through his continued work with Respect Group, focusing on educating Canadians on the realities of child abuse, one’s moral and legal responsibilities in responding to child abuse, and the long lasting harm to abuse victims. For more information about Respect Group Inc, please see: www.respectgroupinc.com. EXPANDING THE HEADLINES SYSTEMIC DISCRIMINATION: ABORIGINAL VICTIMS Canada’s population of Aboriginal people represents about 4% of the total population of Canadians. Unfortunately, their rate of victimization is nowhere near comparable. In fact, statistics collected in the 2009 General Social Survey (GSS) indicated that 37% of Aboriginal people self-reported being the victim of a crime, whereas only 26% of non-Aboriginal people made the same report. The 2009 GSS also indicated that Aboriginal people experience sexual assault at a rate of 70 incidents per 1,000 people, compared to 23 per 1,000 for non-Aboriginal people, and that Aboriginal women were almost three times more likely than non-Aboriginal women to report that they had been a victim of spousal violence. Furthermore, the 2009 Homicide Survey showed that Aboriginal people are more likely to be victims of homicide than non-Aboriginal people, accounting for 27% of homicide victims. The reasons for this higher rate victimization are mainly rooted in residential school experiences and the resulting transfer of trauma through to the younger generations, the colonization of traditional values and culture, and, perhaps most relevant to this article, institutional racism. The consequences are widely documented by many researchers as the key cause of social issues, such as the prevalence of alcohol and drug abuse, suicide, poverty/low-income, incomplete education, and family violence among Aboriginal populations. The combination of circumstances place Aboriginal people a higher risk of victimization, and also perpetuate negative attitudes towards Aboriginal people both as a society as well as individually. A key example of this discrimination can be seen when looking at the cases of the women abducted from or found murdered along the ‘Highway of Tears’ (Highway 16) in British Columbia. The majority of the missing and/or murdered women are of Aboriginal heritage, but it was not until Nicole Hoar, a young Caucasian woman, went missing that any of these cases began to receive much attention from the media or the police. Jessica Yee, who worked on the Highways of Tears Initiative for two years and who is also the creator of the Native Youth Sexual Health network, best summed up the perceptions felt by the families of these women in a Yukon News article where she stated, “It’s total systemic discrimination… There was one non-aboriginal victim and the amount of attention paid to her was so much higher. Not to say that her life is any less valuable, but it is a process of discrimination… As far as the RCMP is concerned, there’s a huge amount of racism, lack of cultural awareness, lack of taking these issues seriously. There’s (sic) families having to pound on their door and cry and beg and plead with them to take it seriously.” The issue of discrimination and lack of interest in cases involving Aboriginal victims, particularly Aboriginal women, has further been put in the spotlight recently with the trial of Robert Pickton, and the following public inquiry into the investigation of the dozens of women who went missing from Vancouver’s Downtown Eastside. The inquiry, named The Missing Women Commission of Inquiry, was meant to examine the conduct of the investigations conducted by police forces respecting women reported missing from the Downtown Eastside (DTES) of the city of Vancouver, and also the decision to enter a stay of proceedings on additional charges against Pickton. The Inquiry was further meant to recommend changes considered necessary for the initiation and conduct of investigations of missing women and suspected multiple homicides and also any changes concerning homicide Continued on Page 7 VICTIM MATTERS Victims of Violence www.victimsofviolence.on.ca 1-888-606-0000 6 investigations by more than one investigating organization, including the co-ordination of those investigations. The Report, which was released on December 17, 2012, made 63 recommendations to this effect, 14 of which had to do directly with promoting equal protection of the law. One recommendation specifically focuses on police duty to protect marginalized and Aboriginal women from violence. Throughout the Inquiry the transcripts of the testimony of those called to give information were published, and made evident the level of disinterest and discrimination that Aboriginal victims and their families had faced, particularly by the police. For example, the testimony of Detective Constable Lori Shenher revealed that four years prior to Pickton being arrested in 2002, there was evidence linking him to the murders and disappearances of several sex trade workers from Vancouver’s Downtown Eastside. Shenher stated that this information was largely ignored by those senior officials, and she explained in her testimony that the culture of the department made her believe that if she pushed the notion of a serial killer further, she would essentially be committing career suicide. Furthermore, on April 23, 2012, testimony from former Vancouver police 911 operator Rae Lynn Dicks revealed a candid account of the systematic discrimination the missing women from the Vancouver DTES were facing. She, along with Sandy Cameron, a former VPD missing person’s clerk, testified that people who had no fixed Vancouver address that were reported missing, or those who were reported missing by a friend instead of a family member, were essentially discarded. Dicks testified that, “You know, they [the sergeants she was accountable to] didn’t care. It was, it was systemic. It didn't matter. They were marginalized women. Most of them were aboriginal. And as far as I was getting from the Department, I was being told to stop being a bleeding heart... Follow policy. Grow up… These people are scum of the earth. We're not going to spend valuable time and money trying to find them. They're hookers.” Members of Aboriginal communities were also able to voice their concerns (although in a limited way) at pre-hearing conferences and forums about the handling of cases involving Aboriginal people, particularly Aboriginal women, as victims. The forums, held in Northwestern areas of British Columbia, were attended by and heard from many of the families and friends of the aboriginal women who had gone missing or were found murdered along the Highway of Tears as well as those who had gone missing from Vancouver’s DTES. In the report Standing Together and Moving Forward: Report on the Pre-Hearing Conference in Prince George and the Northern Community Forums, it was stated that, “several family members of the missing girls and women were dissatisfied with the way the disappearances had been handled.” Their specific concerns included a perceived unwillingness of the RCMP to take a report of a missing girl or woman seriously; in some cases RCMP would not take the report right away. There was also a feeling that the person reporting a girl or young woman missing was blamed by the RCMP for the fact that their relative went missing, or that it was the girl or young woman’s fault. For example, people reported being told the missing person “simply went on a drinking binge [or] they just needed a break.” Uncertainty about whether investigations were continuing was another concern voiced, as some family members reported having no contact from the police for over 5 years. Many people also believed that they were not always told the truth by the RCMP, and that they were not receiving adequate support from the police. It is important to note that at the beginning of the Inquiry, Commissioner Wally Opal stated, “I can assure you I want the advice of Aboriginal women” and that he would seek input from women’s groups throughout the Inquiry. He also stated that “understanding the full impact of these events on the communities will help the Commission focus its inquiry more clearly on the most important issues once the public hearings begin.” While these words were a nice sentiment, in reality the pre-hearing conferences would represent the greatest extent in which actual members of the community and families of the victims would be able to participate in the Inquiry; very few would get to voice their concerns during the actual hearings. A report released on November 19, 2012, entitled Blueprint for an Inquiry: Learning from the Failures of the Missing Women Commission of Inquiry, was prepared by members of three B.C. Human Rights organizations (Civil Liberties Association, Pivot Legal Society, and West Coast LEAF). These groups highlighted that the voices of the individuals and groups most affected by the Pickton case were hindered and scarcely included in the Inquiry. The groups pointed out in their report that the voices of the people it should have worked hard to include, such as those of Aboriginal women, sex trade workers, those addicted to drugs, and those living in poverty were virtually non-existent. They explained that, “The Commission repeated the very mistakes that led to serial murderer Robert Pickton being able to operate with impunity in the first place – the voices of marginalized women were shoved aside while the “professional” opinions of police and government officials took centre stage. The focus of the Inquiry was directed away from systemic issues, targeting instead individual participants in the system who may not have fulfilled their job requirements as expected.” Indeed, one of the key issues they raised in the report was that during the actual Inquiry hearings, legal council was paid for by the province for 25 lawyers to represent and assist the police and government interests, while only two were paid for to represent all of the families of murdered or missing women, and another two to represent all of the interests of sex workers, women’s groups and DTES organizations. Many of the individuals and groups who wished to participate in the hearings and give testimony could and would not do so because they could not afford their own legal representation. This report offered a list of 23 recommendations based on the failings of this Inquiry to help ensure that other Inquiries in the future are more successful in truly achieving their goals. The essence of the report was to illustrate that the “Inquiry provided a critical opportunity to foster reconciliation between the criminal justice system and people directly impacted by the Pickton murders…and [also] provided an opportunity for reconciliation between the police and the community of the DTES, as well as the broader Aboriginal community; it could have laid the foundation for trust and mutual respect.” Unfortunately however, the type of discrimination that leads to Continued on Page 8 Victims of Violence WWW.VICTIMSOFVIOLENCE.ON.CA 1-888-606-0000 7 “A DISPROPORTIONATE NUMBER OF THE MISSING AND MURDERED WOMEN WERE ABORIGINAL: WHILE THREE PER CENT OF BC’S POPULATION CONSISTS OF ABORIGINAL WOMEN, THEY COMPRISE APPROXIMATELY 33 PER CENT OF THE MISSING AND MURDERED WOMEN. OF THE 33 WOMEN WHOSE DNA WAS FOUND ON PICKTON’S FARM, 12 WERE ABORIGINAL.” - VICTIM MATTERS MISSING WOMEN COMMISSION OF INQUIRY REPORT a disproportionate number of Aboriginal people (specifically women) to become victims was allowed to continue. differences between the justice system and the communities in which they (the courts) were operating.” For more information on Aboriginal victimization issues and the recommendations to assist these victims and eliminate discrimination, please visit: The main tasks of the sixteen currently staffed CWC positions are to prepare witnesses, who are also often victims, for court and for the impending onslaught of a justice system that is usually very foreign to them. CWCs work with the resident courts in Whitehorse, Yellowknife and Iqaluit, and also travel with the circuit court to 57 rural communities (13 in Yukon, 21 in the Northwest Territories and 23 in Nunavut). In doing this, CWCs explain the rights that the victim/witness has, particularly regarding the types of testimonial aids they may be able to use as well as their right to submit a victim impact statement. They explain how the court process works and are able to clarify any misperceptions that they may have about the justice system. In fact, CWCs often accompany the victim/witness to court to help put them at ease when giving their testimony, and to allow them to feel safe in the courtroom. Furthermore, CWCs are there to act as liaisons between the victim/witness and the Crown Prosecutor by communicating the needs of each party, and helping them to work together to ensure that all of the facts are known and understood. As explained by Bonnie Tulloch, the Special Advisor on Northern Issues with the Public Prosecution Service of Canada, CWCs “try to bridge the gap between mainstream and Aboriginal justice practices. They build the trust that is very often missing between the southern prosecutors and the northern people.” Blueprint for an Inquiry: Learning from the Failures of the Missing Women Commission of Inquiry: http://bccla.org/wp-content/uploads/2012/11/20121119-Report-Missing-WomenInquiry.pdf. Standing Together and Moving Forward: www.missingwomeninquiry.ca/wp-content/uploads/2010/10/Report-on-the-PreHearing-Conference-in-Prince-George-and-the-Northern-Community-Forums00263779.pdf Missing Women Commission of Inquiry Report: www.missingwomeninquiry.ca/obtain-report/ Highway of Tears Symposium Recommendation Report: www.ubcic.bc.ca/files/PDF/highwayoftearsfinal.pdf SPOTLIGHT THE CROWN WITNESS COORDINATOR PROGRAM: ASSISTING CANADA’S NORTHERN VICTIM/WITNESSES In Canada’s territories, there is a notable lack of accessible services for victims and witnesses of crime, particularly for those in the small and rural communities outside of the territorial capitals. This lack of resources is acute, in that the highest rates of violent victimization across the country are found in these northern areas, and these regions have the least amount of available services. Fortunately, the Canadian federal government has recognized the enormous need for more services and has provided Canada’s north with the Crown Witness Coordinator program since 1991. The Crown Witness Coordinator (CWC) program was originally part of the Department of Justice, but now is overseen by the Public Prosecution Service of Canada (PPSC). This program has been recognized as invaluable particularly for Aboriginal victim/witnesses, as it has helped to enable their participation in the criminal justice system; something that these individuals have historically not had positive experiences with. Joanne Power, the current Northern Victim Services Coordinator, explained that CWC positions “were created in response to the need to support victims and witnesses who were involved in the criminal justice system, in recognition of the cultural In order to assist their clients appropriately, CWCs must be able to identify and assess the risk factors that could impact the involvement of each victim/witness throughout the criminal justice process. CWCs are sensitive to the fact that Aboriginal peoples have an increased level of wariness and reluctance about participating in the criminal justice system, which stems from decades of maltreatment by the system and other social issues faced by these people. In many cases Aboriginal people lack of even a basic understanding of how the criminal justice system works, further increasing their wariness. CWCs are there to assist the victim/witness in feeling more comfortable and aware of how the criminal justice system functions, and encourage them to testify about what they saw or experienced. In addition to the systemic and social factors that affect the participation of Aboriginal people in the criminal justice system, CWCs also must be aware of cultural and language differences that can impact the victim/witness’ ability to participate. Oftentimes language and cultural Continued on Page 9 Victims of Violence VICTIM MATTERS Volume 3, Issue 3, January/February 2013 8 differences can cause anxiety and apprehension between the victim/witness and the prosecutor, because neither party fully understands what the other’s needs are. As a result, CWCs sometimes play the role of translator or interpreter to ensure an appropriate and accurate exchange of information. When it is possible, CWCs will refer victim/witnesses to services in their community, so that they might receive additional and more specified and culturally appropriate support if needed. However, because of the remoteness of the communities that the CWCs serve, they are often the only person available to give support to that victim/witness. Consequently, CWCs often serve many different roles for the individuals they work with, and can generally be described as equal parts therapist, detective and educator. In an article published for National Crime Victims Awareness Week 2008, former CWC Kadla Tagak, who served in Nunavut, described the type of assistance that she and other CWCs often give to the victims/witnesses they are assisting; “throughout the years my job included interpreting for the crown prosecutors, making appointments for victims and preparing them for court, assisting with the preparation of other witnesses, photocopying statements, reading files, contacting the RCMP for additional information, writing memos, referring people to various other service providers like Social Services, helping people fill out victim impact statements, translating those statements for the Crown and the court, making phone calls and building trust. On many occasions, I even recall babysitting young children so witnesses and victims could testify.” These activities are still applicable today and it remains common place that CWCs assist victims in ways that are above and beyond what one might consider to be in their job description (such as babysitting a victim’s child). It is important to note that while this program is overseen by the Public Prosecution Service of Canada, not all CWCs are lawyers or have professional legal training; in fact, most have education and experience in social service related fields. Additionally, many are Aboriginal peoples themselves and/or are extremely familiar with the cultural practices of the people they are serving. Beyond the challenges of building a trustful working relationship with the victims/witnesses of Canada’s north and encouraging their participation in the justice system, CWCs are also faced with additional challenges unique to their particular working environment. For example, because of the remoteness of the communities that they must reach, they often have to fly in via bush plane; there are no roads that lead to many of these communities. Furthermore, because of the remote nature of the communities, criminal cases proceed in a circuit court style which means that every few weeks, a judge, prosecutor, CWC, court clerk, etc. set up in whatever space may be available (such as a school gymnasium or sports arena) to hear and decide cases, and then leave when their case or sitting is over. All of these people, including the CWC, usually need to stay in the community until the case or sitting is completed. These two factors make it virtually impossible for CWCs to have a routine where they can go home at the end of the day. In fact, they often have to stay in these isolated communities for days and even weeks at a time (about a third of their time is spent travelling on circuit court). Furthermore, because of a lack of available space and facilities, CWCs Victims of Violence habitually meet and speak with their clients in unconventional places. CWC Brooke Harker noted that he often prepares and meets with victims/witnesses in locker rooms or washrooms of the building that has been provided for the court to proceed in. Such places may be the only space available that offers some amount of privacy in which CWCs and victims/witnesses can discuss their case and work through any concerns they may have. While the challenges of working within the CWC are many, the program has been successful in helping those in Canada’s north access the justice system more fully. Encouraging victims/witnesses to come forward, fostering a relationship of trust between them and the Crown, helping them to take advantage of any available services in their area, increasing the use of testimonial aids and increasing the writing and submission of victim impact statements are just a few of the accomplishments that can be attributed to the work that the CWCs do. Perhaps most notable is that there also appears to be an increase in the number of guilty pleas by offenders since the program began (although empirical data or research on this is not available). Looking into the future, the Public Prosecution Service of Canada would like to develop and improve the nature, quality and consistency of the data collected on the results of the Crown Witness Coordinator Program and its activities, in order to gain better insight on the effectiveness of the program. The PPSC plans to develop their case management system to better plan and report on the work of CWCs with victims and witnesses, and therefore improve future services offered through this program. According to the PPSC 2011-2012 Report on Plans and Priorities, “the PPSC will continue to expand the CWC Program in collaboration with the Department of Justice, in order to better serve the needs of northern communities. It will also offer training to CWCs, as well as to Crown Prosecutors working in the territories, to help them address the vicarious trauma issues they may face from dealing with cases of spousal and sexual abuse.” It is evident that this program has been filling the gap caused by a great lack of services for victims in Canada’s north, and offers a much needed resource to those victim/witnesses who would otherwise have been on their own to navigate and participate in the criminal justice system. To learn more about the CWC program, please read Brooke Harker’s “A Day in the Life of a Crown Witness Coordinator” article, which can be found at: www.ppsc-sppc.gc.ca/eng/wop-oce/din04-jdv04.html. You may also contact Northern Victim Services Coordinator Joanne Power at: 1-877-587-8499 or by email at: [email protected] if you have any questions about this program. WWW.VICTIMSOFVIOLENCE.ON.CA 1-888-606-0000 9 “THERE IS NO DOUBT THAT THE WORK THEY (CWCS) DO IS CRITICAL TO SUCCESSFUL PROSECUTIONS AND WE NEED TO TAKE EVERY OPPORTUNITY TO CELEBRATE THEIR WORK AND RECOGNIZE THEIR INCREDIBLE CONTRIBUTIONS.” VICTIM MATTERS - Bonnie Tulloch, Special Advisor on Northern Issues with the Public Prosecution Service of Canada Q&A: RESPONDING TO WHAT MATTERS TO YOU Q. “Who is responsible for deciding if those deemed Not Criminally Responsible on Account of Mental Disorder are released into the public?” – DAVID FROM KENORA A. Section 672.38 of the Criminal Code requires each province and territory in Canada to establish a Review Board that is responsible for making or reviewing decisions concerning any person who has been found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder (NCRMD). These Boards are independent tribunals that have the specific task of deciding whether an NCRMD individual should be detained in a hospital, released into the community with conditions, or discharged into the community with no conditions. According to the Ontario Review Board, “members of the Board are appointed by the Lieutenant Governor in Council for each province. The Board must consist of no fewer than 5 persons… There must be at least one member of the Board qualified to practice psychiatry, and, in the event there is only one such member, one other who has training and experience in the field of mental health and is entitled to practice medicine or psychology. The Chairperson [of the Board] must be a judge… or a person who has retired from or is entitled to be appointed to such a judicial office (i.e. a lawyer with 10 years experience).” The other members may vary but would generally be trained and experienced in the field of mental health. When making a decision, the members of the Review Board must take into account “the need to protect the public from dangerous persons, the mental condition of the accused, the reintegration of the accused into society, and the other needs of the accused when making a release decision.” The Board must also consider the content of written victim impact statements, if they have been submitted, when making their decision. Have a question you’d like to see answered in the next issue? Email us at: [email protected]. BLAST FROM THE PAST FOCUSING ON VICTIMS OF CRIME: CREATING THE POLICY CENTRE FOR VICTIMS ISSUES The Policy Centre for Victims Issues (PCVI) was created in 1999 by the Department of Justice. This centre was created in response to a report entitled, Victims Rights – A Voice Not a Veto, which was published in 1998 by the Standing Committee on Justice and Human Rights. This report highlighted the importance of giving victims of crime a voice in the criminal justice system, and offered suggestions on how to better include victims throughout the criminal justice process. Key issues that were identified in the report included the limited amount of input that victims had in the development of legislation that had been created up to that point, and more importantly the poor organization and low level of awareness of the services that existed for victims across Canada. The report Victims Rights – A Voice not a Veto discussed how there had been great progress made for victims of crime in the 1980s and 90s, but stressed that there was much room for improvement. The report stated “victim’s services programs exist in different forms – they are police-based, court-based, community-based, and systembased. The approach differs from jurisdiction to jurisdiction.” As a result, the report called for the government to add some form of organization to the victim services programs. They suggested that the government create a fully-funded, central office for victims of crime through the Department of Justice to respond to victims’ issues and to develop a strategy to help victims of crime. One year after this report was released the Policy Centre for Victims Issues (PCVI) was established. As proposed in Parliament, the PCVI was created to manage all federal legislation and policies pertaining to victims of crime. The main intention behind creating the PCVI was to ensure that the victim’s perspective is considered when developing future policies and legislation. Moreover, the PCVI was created to work in conjunction with other departments at all levels of the government. Therefore, the PCVI was formed as a central office that would leads the cooperation among all departments working towards improving victims’ rights. When establishing the exact methods the PCVI would use to ensure that the victim’s perspective is included in the creation of legislation, the Centre follows the principles of the Canadian Statement of Basic Principles of Justice for Victims of Crime. This statement was created in 1988 to highlight the essential principles Continued on Page 11 Victims of Violence VICTIM MATTERS Volume 3, Issue 3, January/February 2013 10 “I SEE VERY MUCH THE FEDERAL GOVERNMENT PROVIDING AN INFORMATION EXCHANGE OFFICE. THEY CAN PROVIDE A GOOD OVERVIEW. THEY CAN PROVIDE A VICTIMS' LENS IN ALL THE FEDERAL AREAS OF JURISDICTION, FROM POLICING TO PAROLE TO CORRECTIONS SERVICES TO JUDGES AS WELL, AND SOME TRAINING IN THOSE AREAS.” - VICTIM MATTERS JANUARY/FEBRUARY 2013 VOLUME 3, ISSUE 3 BRITISH COLUMBIA VICTIMS SERVICES DIVISION DIRECTOR SUSANNE DAHLIN, AS PUBLISHED IN VICTIMS RIGHTS- A VOICE NOT A VETO that should be focused on when creating legislation and/or policies. These principles include treating the victim with respect, considering the privacy and security of the victim, providing information to victims pertaining to the criminal justice process, and of course including the specific needs/concerns that have been voiced by victims of crime. As stated, the PCVI was initially created to focus on legislation and policies relating to victims of crime, but has also developed as a service for victims and victim services providers. The PCVI helps victims and their families to understand the laws, services and assistance available to them. It also manage the Federal Victims Fund, which provides much needed financial assistance to victim’s services, Child Advocacy Centres, victims victimized abroad, and victims who have to travel to attend parole hearings. In addition, the PCVI increases awareness about the needs of victims, both within Canada and on an international scale, and educates the public on information pertaining to victims through publications on their website and through events such as National Victims of Crime Awareness Week. For more information on the Policy Centre for Victims Issues, visit the Department of Justice Website at: www.justice.gc.ca/eng/pi/pcvicpcv/index.html. For more information on the Victims Rights – A Voice not a Veto report, visit: www.parl.gc.ca/HousePublications/Publication.aspx?DocId=1031526&Mode=1 &Parl=36&Ses=1&Language=E. For more information on the Canadian Statement of Basic Principles of Justice for Victims of Crime, please visit the Department of Justice website at: www.justice.gc.ca/eng/pi/pcvi-cpcv/pub/03/princ.html. CANADA’S HOMICIDE RATES 2011 Information released on December 4, 2012 by Statistics Canada indicated that the homicide rates for 2011 were up 7% BLAST FROM THE PAST over the previous year. However, while there may be annual fluctuations, TITLE Statistics Canada emphasized that looking on a larger scale; the homicide rate has been steadily declining since the 1970’s and has stabilized over the past decade. Nunavut (21.01 per 100,000 people) and the Northwest Territories (6.87 per 100,000) reported the highest rates of homicide, while Manitoba (4.24 per 100,000) reported the highest rate for the provinces (Winnipeg was also reported to be the metropolitan area with the most homicides at 5.08 per 100,000.) As similarly reported in previous years, victims were most likely to have been killed by an acquaintance or friend (48% of all homicides were committed by a friend or acquaintance). Alternatively, family members committed 32.6% of all homicides and strangers committed 15%. Furthermore, the increase in homicide victims was greater for women, who experienced 24 more homicides in 2011 than in 2010 (16% increase), compared to 22 more homicides against men (an increase of 6%). The data shows that an increase in stabbings accounted for most of the overall swell in homicides last year, but that the rate of homicides committed by firearms has actually declined to its lowest point in almost five decades. For more information and a provincial break down on these statistics, visit: www.statcan.gc.ca/pub/85-002-x/2012001/article/11738-eng.pdf COMMENTS OR FEED BACK? IDEAS? SEND US YOUR THOUGHTS TO: LINKS OF INTEREST POLICY CENTRE FOR VICTIM ISSUES www.justice.gc.ca/eng/pi/pcvi-cpcv/index.html Tell your story: Make a submission for DEPARTMENT OF JUSTICE www.justice.gc.ca Have a question? Email us and have it answered in the next issue. FEDERAL OMBUDSMAN FOR VICTIMS OF CRIME www.victimsfirst.gc.ca VICTIMS OF VIOLENCE 340 – 117 CENTREPOINTE DRIVE, OTTAWA, ONTARIO K2G 5X3 RESPECT GROUP INC. www.respectgroupinc.com MISSING WOMEN COMMISSION OF INQUIRY www.missingwomeninquiry.ca/obtain-report [email protected] VICTIMS VOICE “Go Paperless” If you have received this publication in paper format and would prefer to receive it by e-mail, please send us a quick e-mail to the address above. Victims of Violence Canadian Centre for Missing Children VICTIM MATTERS Volume 3, Issue 3, January/February 2013 11