A victim surcharge makes sense, but I worry about the removal of judges’ discretion to waive this surcharge when they can see that the person before them would suffer undue harm. The current legislation which is being changed says that where there is undue hardship on the person being convicted or on their dependents or family, for which I think there will be more sympathy, in that case the judge would have the discretion to say that he or she would not apply the surcharge.

That is the question I would ask my friend. Even if there is community service made available, what happens to dependents of that convicted criminal in cases where the payments to the victims would mean that the family would face undue hardship?

Kerry-Lynne D. Findlay: Mr. Speaker, that is the whole idea behind the fine option program. Where a judge has the discretion to determine that there is undue hardship on offenders or their depends, if a judge finds that to be the case, then the offenders will be given the opportunity to work for credits to benefit the community in order to substitute for payment.

There is an amount established. The amount equals a certain number of hours that would be put into that community service, and that is for the benefit of all.

I think that answers my friend’s question, that this is contemplated. If the judge feels the offenders can afford the fine, the surcharge will be imposed. If they cannot, then there is that other option.

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“The Green Party of Canada is calling for a Victims First approach to justice in this country,” said Green Party Leader Elizabeth May.  “For far too long we have been obsessed with a re-active justice system that knows only punishment. We can do better.”

Shifting the Conversation calls for an approach to justice that puts the needs of the victims first and highlights three areas where practical changes need to be made:

• ensure more information is available to victims regarding their rights and the offender who harmed them;
• allow victims to participate more meaningfully throughout the criminal justice process; and
• increase tangible, financial supports for victims.

“There can be no justice until the needs of victims are met,” said Jared Giesbrecht (Green Party Justice Critic).  “The Green Party stands with victims, victim advocates, and service providers in calling for a Victims First model of justice as well as a greater focus upon crime prevention.  The recommendations of this report should be taken very seriously by this government and implemented as soon as possible.”

“This government is pouring tens of millions of tax dollars into building prisons across the country, but has forgotten the whole point of a justice system – support victims and prevent crime,” said Mr. Giesbrecht.  “One of the best ways to acknowledge and respect victims of crime is to make crime prevention a central priority of the federal government.  Crime prevention is victim prevention.”

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However, I do find it worrying that there is a lot rhetoric about how the bill supports victims, but there is very little in the bill that actually does support victims. I was taken with the evidence of the Ottawa Victim Services director, Steve Sullivan, who asked, “Where is the support here for women who have been victims of sexual violence”? Where is the support, the counselling, the help for victims who need funding to be able to manage when they have been assaulted and cannot get to work? Where is the tangible help for victims because I do not see it in this legislation?

Mr. David Wilks: Mr. Speaker, there are victim support groups throughout the provinces, and I will speak about British Columbia and specifically, my constituency of Kootenay–Columbia.

Victim support is part of the provincial court system that allows victims to go and seek redress for whatever type of requirement they need, whether it is for, as the member indicated, trying to get here and there to a doctor’s appointment or to a counselling appointment. It provides opportunities for people to find programs that are available to help them move forward after the crime has been committed and the perpetrator has been dealt with.

I believe we are doing an excellent job with regard to crime prevention programs and support for victims of crime.

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