Background
After several decades of hesitation, Canada finally adopted the Victims Bill of Rights in 2015. The aim of the Canadian Victims Bill of Rights (CVBR) is to promote the recognition and consideration of victims' rights by state agents involved at all stages of the criminal justice process (from police officers to parole board commissioners, including prosecutors, judges, correctional officers, mental health review board commissioners, etc.). More specifically, the Bill reaffirms victims' rights to information, protection, participation in the process, and compensation.
Even thouh this Bill has been in force for nearly a decade, the reality for victims on the ground does not seem to have changed much. In 2019, the Canadian Department of Justice acknowledged that "victims and survivors of criminal acts are often disillusioned and disappointed with the criminal justice system. While some progress has been made in terms of victims' rights, many of them still do not trust the system. Some feel that their experience with the system makes them new victims" (Canada, Department of Justice, 2019). Consequently, the reporting rate for victimization continues to decline in Canada (Cotter, 2021; Wemmers, 2017). For certain types of crimes, such as sexual violence, collaboration between victims and the police remains at the lowest level (Cotter, 2021). This problem is largely explained by the fact that the majority of victims still lack confidence in the criminal justice system (Rebuilding Trust, 2020, Perrin, 2023). Indeed, many victims refuse to file complaints for fear of being judged, not being believed, or being asked intrusive questions about their private lives (Standing Committee, 2022).
This symposium is organized to seek solutions to the persistent problems faced by victims. The approach requires hearing the views of those at the heart of the criminal justice system or who are closely interested in it, to learn more about the place given to the rights provided by the CVBR. Referring to the last ten years, speakers will give an accurate overview of the appropriation or lack thereof of the Bill by actors and its place in the criminal justice system. What place is given to the Bill by actors in the criminal justice system? What obstacles do they encounter? In other words, this symposium will address topics aimed at analyzing how the concerned actors (police, prosecutors, judges, etc.) observe or do not observe the provisions of the Bill and the challenges they face in their daily practice.
More specifically, the speakers will first revisit the history and key moments of the Bill's adoption process. They will then discuss the successes, shortcomings, and obstacles encountered in its implementation, before considering the future by recommending potential amendments. For the first part concerning the history, we have invited the main proponents of the Bill's adoption, namely former Senator Pierre-Hugues Boisvenu, as well as representatives of victim support organizations associated with the process (Karine MacDonald from Victim Advocacy and Sarah Crawford from the Canadian Resource Centre for Victims of Crime). In connection with the second part, an experienced researcher who has well documented the evolution of victims' rights worldwide (Jo-Anne Wemmers) will introduce the symposium with a theme focusing on the evolution and future of victims' rights in Canada. Our other speakers will include the Chief of the Montreal Police Service, a representative of the Director of Criminal and Penal Prosecutions (DCPP), and a former judge of the Quebec Court. Professors Marie Manikis (Canada-United Kingdom), Béatrice Lapérou and Anna Glazewski (France), and Meg Garvin (United States) will address their subjects in a comparative and international approach. Finally, the conclusion will focus on future perspectives related to the Bill, presented by the current Federal Ombudsperson for Victims of Crime.
Program
The symposium on the ten-year anniversary of the Canadian Victims Bill of Rights (CVBR) will begin with an in-depth exploration of the Bill's origins, tracing the key steps of its development and the motivations behind its adoption. Discussions will continue with an analysis of the evolution of victims' rights in Canada, highlighting progress made and future challenges. Particular attention will be given to understanding and applying the CVBR, examining how victims can better assert their rights within the judicial system.
Participants will have the opportunity to explore the complex legislative negotiations that marked the adoption of the CVBR, providing insight into the negotiations and compromises necessary to reach a consensus. Police issues and practices will also be addressed, with discussions on how police services can better protect and support victims in accordance with the Bill.
The role of prosecutors in strengthening victims' rights will be examined, highlighting their responsibilities and the challenges they face. Canadian approaches and practices will be compared to those of other countries, with presentations on US and European victim rights policies. These international examples will provide valuable lessons for possible reform of Canadian law.
Finally, the symposium will conclude with recommendations to improve the CVBR, based on the discussions and ideas shared throughout the event. These recommendations aim to strengthen victims' rights and ensure more effective application.
Registration in person or online is mandatory - (Please note that spaces are limited.)
Language interpretation will be available for those who need it. However, please note that access to this service will be limited due to resource constraints. We encourage you to indicate your need for language interpretation on the registration form to ensure availability.
This event is funded by the Victims Fund, a grants and contributions program administered by the Department of Justice Canada.
Summary:
It is with conviction that I speak today to share with you the invaluable importance I have always placed on Bill C-32; An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, which is the foundation of the creation of the Canadian Victims Bill of Rights (CVBR). This important symposium represents a unique opportunity to take stock of the evolution of this important law, if there has been any, in the eyes of the many victims and families of victims across Quebec and Canada. It is also an opportunity to work together on what needs to be done to improve and better protect their hard-won rights. As you know, I actively participated in the development and adoption of the CVBR with the aim of making victims' rights equal to those of criminals in our justice system, and know that this long-term work is far from over. Today, I am giving this presentation to honour the memory of all the women and children murdered in recent years, for whom the Bill recognized the right to protection. In just the last five years, the increase in femicides in Canada has sadly risen to 60%. Quebec is no exception, and the data on women murdered in recent years are the worst in the compiled statistics. This situation is unacceptable when Quebec and Canada should be leaders. The Canadian Victims Bill of Rights is now 10 years old, and in Canada, any law passed by Parliament must be subject to legislative review regarding its evolution after 5 years. The current government has never conducted this review. It is rather dramatic to note today that since 2015, the Liberal government has not assumed its responsibility to protect and strengthen the rights recognized by the CVBR nor ensured that all federal institutions obligated to respect the said Bill do so. My presentation will essentially reiterate the recommendations I presented in 2021 to the Standing Committee on Justice and Human Rights of the House of Commons to ensure a better future for the respect of the CVBR.
Biography:
Pierre-Hugues Boisvenu is the founding president of the Association of Families of Murdered or Missing Persons (AFPAD), which he founded with three other fathers in 2004 following the murder of his daughter Julie in June 2002. In December 2005, Mr. Boisvenu lost his second daughter, Isabelle, in a car accident while she was travelling to Abitibi with her partner. Mr. Boisvenu is a staunch advocate for the rights of victims of criminal acts. He is notably the co-founder of the “Le Nid” House, which helps battered women in Val d'Or, and a camp school for disadvantaged youth in Estrie. Mr. Boisvenu has had a career in the Quebec public service and has held senior management positions, including regional director for the Ministry of Recreation, Hunting and Fishing as well as for the Ministry of Environment and Wildlife, before being appointed in 2002 as Assistant Deputy Minister for the Ministry of Regions. Mr. Boisvenu holds a bachelor's degree in psychopedagogy from the University of Montreal and a master's degree in administration from ENAP-Quebec. Between 2004 and 2010, Mr. Boisvenu was the architect of numerous legislative changes in Quebec to better help families whose loved ones have been murdered or are missing. In 2005, during a private meeting in Sherbrooke with Mr. Stephen Harper, who was then Leader of the Official Opposition, Mr. Boisvenu presented 12 legislative changes desired by AFPAD. In 2010, Prime Minister Stephen Harper called on Mr. Boisvenu to defend victims' rights on the federal stage by sitting in the Senate of Canada. In June 2015, the 12 requests made to Mr. Harper in 2005 were realized, including the adoption of the first Canadian Victims Bill of Rights and the first Canadian financial compensation program for parents whose child has been murdered or is missing. In addition, Senator Boisvenu was behind more than 26 legislative changes requested by the families of victims of criminal acts. Senator Boisvenu introduced 6 bills in 2019, 2 of which were adopted, including Bill S-205 on family violence. Senator Boisvenu retired from the Senate on February 12, 2024, and is now actively involved in the Board of Directors of AFPAD.
In 1999, Ontario Court of Justice Judge Jerald Day stated, "The legislature did not intend the law to grant rights to victims of criminal acts" (Vanscoy v. Ontario, [1999] OJ No 1661 (Ontario SCJ)). Despite the adoption of the Canadian Victims Bill of Rights (the "Bill of Rights") by the federal government in 2015, Justice Day's words remain true. Since 2000, there have been several attempts to provide victims with enforceable rights in Canada. In 2003, federal, provincial, and territorial ministers of justice approved a revised Canadian Statement of Basic Principles of Justice for Victims of Crime from 1988. Essentially, the new Canadian statement matched the content of the previous 1988 one but no longer included the obligation for victims to cooperate with judicial authorities. However, it did not contain more details on remedies than the 1988 statement. It was simply a list of good intentions towards victims without granting real rights to victims. Unlike previous Canadian statements, the Bill of Rights includes a section on remedies (Articles 25-26). However, it does not grant victims enforceable rights (Campbell, 2015). Thus, as Judge Day said, rights without remedies are not rights, and this was also not the legislature's intention. The legal culture in Canada is hesitant to make room for victims, and as a result, they remain the forgotten party in the criminal justice system. Victims are neither parties nor participants in the criminal justice process. Enforceable rights could indeed change the legal culture. Once victims have rights with remedies, they can hire a legal representative to represent their interests and ensure their rights are respected. An independent lawyer can adequately represent the interests of victims, while the prosecutor's job is to represent the state (Garvin & Beloof, 2015). Until they obtain enforceable rights, victims will remain little more than witnesses of a crime against the state.
Biography:Jo-Anne Wemmers is a full professor at the School of Criminology at the University of Montreal and a regular researcher at the International Centre for Comparative Criminology (CICC) where she co-directs the Centre for Justice for Victims of Crime (CJVAC). An expert in victimology, she is the Vice-President of the World Society of Victimology. She is the author of approximately one hundred publications, including the books Victimology: A Canadian Perspective (Presses de l'Université de Québec) and Reparations for Victims of Crimes Against Humanity (Routledge).
Summary:
The Canadian Victims Bill of Rights (CVBR) has now been in place for 10 years. What about its application on the ground for victims of criminal offences? Karine Mac Donald will give a voice to these individuals, demonstrating that there is still much work to be done to regain trust in our justice system. Indeed, the CVBR incorporates great principles, but lacking any legal force, this Bill is hardly applicable in practice. Using concrete examples, Karine Mac Donald will highlight the obstacles that still stand in the way of victims. She will also discuss some of the successes made possible by the Bill. Finally, some solutions will be explored to facilitate understanding of the Bill and allow for its better application.
Biography:
Karine Mac Donald is a criminologist who has dedicated the past twenty years of her career to helping and defending victims. Her commitment has primarily been deployed within the Centres d’aide aux victimes d’actes criminels (CAVAC) where she has held various intervention roles and coordinated different large-scale projects. Throughout her professional journey, Karine Mac Donald has notably developed expertise in sexual violence and intervention with relatives affected by homicide. She was the clinical coordinator of specific projects for three years before joining the CAVAC network as the communications and public relations coordinator, giving a voice to victims in the media and political sphere, thereby strengthening her impact on them. For the past year, she has held the position of Executive Director at the Association québécoise Plaidoyer-Victimes, an organization that collectively defends victims' rights.
Summary:
As the Canadian Victims' Bill of Rights celebrates its tenth anniversary this year, experts have long argued that it falls short of providing remedies – including ways to challenge prosecutorial failures relating to charging decisions. This presentation offers to examine the relationship between victims and prosecutors and to look at other common law jurisdictions, specifically England and Wales, which have recognized mechanisms that enable challenges of prosecutorial decisions in contexts of state failures over the years. This view acknowledges that state prosecutors are fallible, and various forms of mechanisms can facilitate greater state accountability. While these mechanisms have faced several limitations over the years, they nevertheless pave the way for broader conversations about prosecutorial checks and balances within the current system.
Biography:
Marie Manikis is an Associate Professor and William Dawson Scholar at the Faculty of Law, McGill University. She is a Research Associate at the University of Oxford and the Université de Montréal, as well as an adviser for the Sentencing Academy. Her scholarship is interdisciplinary and comparative and has been published in leading peer-reviewed journals, including the Oxford Journal of Legal Studies, the Cambridge Law Journal, and the Modern Law Review. Her manuscript, Victims as Agents of State Accountability, is under contract with Oxford University Press, and her co-edited volume Sentencing, Public Opinion, and Criminal Justice was recently published by Oxford University Press. Her scholarship is cited by various courts, including the Supreme Court of Canada and the Court of Appeal of England and Wales. She provides policy and consultation reports to government agencies, including the Department of Justice Canada, the Ministry of Justice in England and Wales, and the Canadian Senate.
Summary:
The Canadian Victims Bill of Rights, adopted in 2015, aims to ensure that victims of crimes are treated with dignity, respect, and fairness. This presentation explores the challenges and police practices associated with implementing the Bill. It examines how law enforcement agencies integrate victims' rights into their daily procedures, the obstacles encountered, and the innovative solutions adopted to overcome these challenges. By highlighting case studies, this presentation offers a critical analysis of current practices and proposes recommendations to improve support for victims in the Canadian criminal justice system.
Biography:
Mr. Fady Dagher has over 30 years of varied experience in the police field. He has held various positions before becoming a manager, where his taste for innovation led him to implement cutting-edge police practices and innovative projects to improve the service provided to the population and to better promote the police function. Known for his unifying leadership, he was the director of the Longueuil Agglomeration Police Service from 2017 to 2022 before returning to his roots to become the Chief of the Montreal Police Service (SPVM), where he had worked for 25 years. Born in Côte d'Ivoire to Lebanese parents, Mr. Dagher is the first SPVM chief from a diverse background. During his long career at the SPVM, he rose through the ranks, successively holding positions as officer, sergeant-supervisor, investigative officer, commander (district station chief), inspector, chief inspector, and assistant director. He notably handled significant issues such as mental health, prevention of racial and social profiling, prevention of radicalization leading to violence, and the body-worn camera pilot project. He also managed complex public domain occupation issues, where his mediation skills were put to good use. A great communicator and proud Montrealer, Mr. Dagher has distinguished himself throughout his career by his ability to build relationships with various communities and his penchant for innovation. A polyglot, he is fluent in French, English, and Arabic. An experienced manager, he holds an Executive MBA from McGill University - HEC Montreal. He has received several awards in recent years and was recently selected among Quebec's top 15 real influencers unveiled by La Presse. His preferred policing vision is marked by openness and humility towards the population. The goal for Montreal is to have an inclusive police force that understands the issues facing the population, strengthens their sense of security, works in partnership with stakeholders, and focuses on both crime repression and prevention, in perfect complementarity.
Summary:
The Director of Criminal and Penal Prosecutions (DCPP) is responsible for conducting criminal prosecutions on behalf of the Quebec state. In this sense, they play a key role with victims who choose to engage in the criminal justice system. Several measures have been implemented to facilitate their experience, and practices in this regard have continuously evolved positively in recent years. Notable progress has been made in several areas: case handling in court, victim support, specialization of prosecutors handling cases involving vulnerable victims, and the evolution of the law to reflect the severity of certain offences. The participation of victims in the process and the respect of their rights are at the core of our actions. This conference will address the approach adopted by the DCPP with respect to victims.
Biography:
Me Camille Boucher has been serving as a prosecutor for criminal and penal prosecutions since being sworn in in 2014. Initially practising at the Montreal office, she specialized in crimes against persons within the team handling domestic violence cases, and later within the team dealing with sexual crimes, including sexual assault, offences related to child pornography, sexual exploitation, and child abuse. She joined the Organizational Mandates Office team in May 2024 and primarily practices in these same areas. She holds a Bachelor of Laws degree from the University of Montreal and a certificate in feminist studies from the University of Quebec in Montreal. With these experiences, she is driven by a deep concern for ensuring that victims can find some peace at the end of their journey within the justice system.
This session will explore the successes, challenges, and areas needing urgent reform on The Canadian Victims Bill of Rights (CVBR). The CVBR was introduced to provide victims of crime with enforceable rights to information, participation, protection, and restitution. While the Bill represents a significant step forward in recognizing victims’ rights within the criminal justice system, many gaps remain in its implementation and enforcement.In this session, we’ll examine the positive impacts of the CVBR, such as increased awareness and formal recognition of victims’ voices. We’ll also discuss the challenges victims face, including barriers to accessing information and a lack of enforcement mechanisms. Finally, we’ll highlight areas for improvement and advocate for meaningful changes to ensure victims receive the support and justice they deserve.
Sarah Crawford is a dedicated leader with over a decade of experience in violence prevention, survivor support, and public advocacy. She has consistently championed initiatives that create safer, more inclusive environments for individuals affected by crime, with a focus on trauma-informed care and social justice.
Holding a master degree, Sarah has a strong background in developing and implementing programs that address the needs of marginalized populations, particularly survivors of gender-based violence. Her expertise spans diversity and inclusion, policy development, and community-based interventions, all aimed at empowering survivors and preventing future violence.
Sarah is deeply committed to advocating for victims and survivors of crime and enhancing support systems. Sarah worked for over seven years as the Manager of Sexual Violence Prevention, Harm Reduction and Health Promotion at Algonquin College. She has a proven ability to lead collaborative partnerships, drive policy change, and foster resilience in communities impacted by crime.
Summary:
The Honourable Lucie Rondeau explores the foundations and motivations that led to the creation of the specialized court for sexual and domestic violence, as well as the specific division for this purpose within the Court of Quebec. She presents the evolution of judicial and legislative initiatives in response to the recommendations of the 2020 report "Rebuilding Trust," which was crucial in establishing these two entities, each with a different mission to respect the fundamental principles of the criminal justice system. She highlights the challenges of the specialized division within the Court of Quebec and the need to support victims to avoid any confusion with the specialized court.
Biography:
The Honourable Lucie Rondeau, who served as Chief Judge of the Court of Quebec from 2016 to 2023, held this position at the time of the publication of the report "Rebuilding Trust" and the implementation of the law creating a specialized court for sexual and domestic violence. Ms. Rondeau graduated in law from the University of Sherbrooke and has been a member of the Quebec Bar since 1980. She practised as a substitute for the Attorney General of Quebec until her appointment on May 3, 1995, as a judge at the Court of Quebec, where she primarily sat in the Youth Division and secondarily in the Criminal and Penal Division. Passionate about legal education, she taught criminal law at the Quebec Bar School and was actively involved in numerous professional development activities for the judiciary, including those aimed at the initial training of newly appointed judges in Quebec and Canada. Ms. Rondeau has returned to practising law within the Quebec Bar since her retirement from the Court of Quebec at the beginning of 2025.
Summary:
For decades, every jurisdiction in the United States has afforded victims of crime legal rights in the criminal justice system. These legal rights include procedural rights such as the rights to notice and to be heard, as well as substantive rights such as privacy, protection, and restitution. Further, victims have standing to independently assert these rights and to seek redress for their violation. At first blush then victims' rights in the United States are quite advanced and the effort to reintegrate victim voice into the system is a fait accompli. There is, however, still much that remains to be done to counter the ongoing systemic opposition to a victim participation model and secure a stable place for crime victims in the discourse of justice. During this session, the presenter will share where the victims' rights Movement in the United States has been and where it is going.
Biography:
Meg Garvin, MA, JD, MsT, is the Executive Director of the National Crime Victim Law Institute (NCVLI) and a Clinical Professor of Law at Lewis & Clark Law School. Professor Garvin is recognized as a leading expert on victims’ rights. She has testified before Congress, state legislatures and the Judicial Proceedings Panel on Sexual Assault in the Military. In her expert capacity, she serves on the Defense Advisory Committee on Investigation, Prosecution and Defense of Sexual Assault in the Armed Forces, and is a Member of the Council on Criminal Justice. She previously served on the Victims Advisory Group of the United States Sentencing Commission, the Victim Services Subcommittee, of the Response Systems to Adult Sexual Assault Crime Panel of the United States Department of Defense, as co-chair of the American Bar Association’s Criminal Justice Section Victims Committee, co-chair of the Oregon Attorney General’s Crime Victims’ Rights Task Force, and as a member of the Legislative & Public Policy Committee of the Oregon Attorney General’s Sexual Assault Task Force. She has received numerous awards in recognition of her work, including in 2012 Crime Victims First-Stewart Family Outstanding Community Service Award; in 2015 the John W. Gillis Leadership Award from National Parents of Murdered Children; in 2020, the American Bar Association Criminal Justice Section’s Frank Carrington Crime Victim Attorney Award, and in 2021, the Hardy Myers Victim Advocacy Award from the Oregon Crime Victims Law Center. Prior to joining NCVLI, Professor Garvin practised law in Minneapolis, Minnesota and clerked for the Eighth Circuit Court of Appeals. She received her Bachelor of Arts degree from the University of Puget Sound, her Master of Arts degree in communication studies from the University of Iowa, her JD from the University of Minnesota, and her Masters in International Human Rights Law from Oxford University.
Dr. Roebuck will present the recommended changes to the CVBR based on complaints received and consultations conducted with survivors and stakeholders across Canada. The proposed changes aim to eliminate obstacles and address known issues to ensure equitable and enforceable rights, fulfilling the CVBR's promise to protect victims and survivors and empower them.
Biography:
Dr. Benjamin Roebuck (he/him) is an expert in trauma; he holds a PhD in criminology from the University of Ottawa and has over 15 years of experience in victimology. In October 2022, he was appointed Federal Ombudsman for Victims of Crime. His team launched a national systemic investigation into how survivors of sexual violence are treated in the criminal justice system. Previously a senior researcher and professor at Algonquin College, Dr. Roebuck cofounded the Victimology Research Centre. His research has explored resilience and posttraumatic changes with survivors of violence, victim service providers, and individuals who have experienced homelessness.
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