January 2007 Volume 14, Issue 1

SNAPSHOTS Hello,

PROJECT FUNDING Welcome to the JANUARY issue of the National Justice DEADLINE Network Update. As always, our goal is to provide you with APPROACHES updates on what bills have been introduced; what stages they The Policy Centre for are at; who is doing what for victims; and what is happening in Victims of Crime has areas such as young offenders, high risk offenders, conditional announced a call for release and victims' rights. applications for funding of

activities for National Victim This month’s articles were written by the CRCVC’s volunteer of Crime Awareness Week Laura Tanner and Carleton University Criminology Student (April 22- 28, 2007). There Katie O’Sullivan. Thank you, Laura and Katie! is limited funding available

that is intended to support Please do not hesitate to contact the office should you have awareness-raising events any problems or concerns. during the week. Events

may include workshops, Canadian Resource Centre for Victims of Crime information sessions, public Visit: http://www.crcvc.ca awareness kiosks, and Email: [email protected] flyers/brochures. Budgets Phone: 1.877.232.2610 cannot exceed $5000,

applications will be ______considered on a first-come, CANADA GETS NEW JUSTICE MINISTER first-served basis, and must be submitted by February Canada’s new justice minister and Attorney General, Rob 9th, 2007. For more Nicholson, has vowed to continue the Conservative Party’s law information, please contact and order platform, pushing for tougher sentences and the PCVI at increased protection for law-abiding Canadians. http://canada.justice.gc.ca/ en/ps/voc/index.html. “This effort to make our streets and communities safer is really one of the government’s priorities. There won’t be any doubt PETITION TO CHANGE about it,” Nicholson said following the Conservative PAROLE RULES Government’s first cabinet shuffle since taking power almost a The Prioriello family of year ago. Brampton, Ontario, whose daughter and sister Darlene Nicholson takes on the responsibility for all Justice bills were murdered in 1982, introduced last year by former Justice Minister Vic Toews – has started a petition to including three high profile bills – C-9 which seeks to end the have the rules regarding use of conditional sentences for people convicted of serious parole eligibility for those crimes; C -10, regarding mandatory jail time for criminals who convicted of murder use guns; and C-22, regarding raising the age of sexual changed. The Criminal consent to 16 years from 14. Code and Corrections and Conditional Release Act “There are a number of bills that have my attention. Certainly, currently allows an offender I’ll want to do what I can to get those things through,” he said, the opportunity for a adding that he would like to see them become laws prior to an hearing every two years election being called. following his eligibility date. 1

The petition asks that the “It’s reasonable to assume this isn’t the end of our anti-crime legislation be amended to package. In terms of exactly what we’re going to be doing, permit hearings only every that’s what I’m getting briefings on right now. And, of course, I’ll five years. If you wish to have my own ideas in that regard.” show your support by circulating or signing the It was “a thrill” to be appointed to the justice portfolio, said the petition, it can be 54-year old lawyer who ran his practice from a Queen Street downloaded at office before going into politics. Nicholson has represented the www.crcvc.ca. Please note Niagara Falls riding in the House of Commons since 2004. He that original signatures are was also an MP from 1984 to 1993 in the governments of Brian required, electronic Mulroney and Kim Campbell. He served as parliamentary signatures are not valid. secretary to the justice minister when Kim Campbell was the minister in the early 1990’s, and was responsible for THERAPY FOR FAMILIES shepherding new laws against prostitution and child OF MURDER VICTIMS pornography at that time. The Manitoba government has announced that it will Prime Minister Harper described Nicholson as “very competent be funding a pilot project in very important tasks”, adding that “he could operate in any that offers group therapy to portfolio.” the families of murder victims. Attorney General Former Justice Minister Vic Toews was moved to the Treasury Dave Chomiak pledged Board as a result of the shuffle, which saw eight ministers $40, 000 to the project, change portfolios, and five new junior cabinet positions created. which aims to provide No Ministers were removed from Cabinet. counselling to ______approximately 24 people in LEGAL AID CLAIMING VICTIMS’ COMPENSATION its pilot year. Therapy will be provided at the Aurora In August, NJN wrote about Lisa, a victim of crime who was Family Therapy Centre; an awarded $25,000 from Ontario’s Criminal Injuries agency located in the Compensation Board (CICB) for a “severe and catastrophic” University of Winnipeg, and amount of “pain and suffering”. Upon receiving her award, Lisa will be facilitated by experts was billed by Ontario’s Attorney General for $8000 of legal in the field of trauma and services she had received. trauma recovery.

More recently, it has come to the CRCVC’s attention that this is GUN CRIMES ON THE not an isolated case, that victims of crime who have received RISE IN MANITOBA awards from the CICB are having these awards claimed by Police in Manitoba have Legal Aid. For example, one woman received an award from expressed concern about CICB related to abuse she suffered from her husband, but the number of crimes Legal Aid is demanding that she pay them much of what she committed with , received to re-coup costs associated to the custody of her and the number of guns in children. She was intending on using her compensation award the hands of criminals. to address the significant debt she has acquired a result of Over the past three years, escaping an abusive situation with her children. police have seen an increase in gun crimes and The Criminal Injuries Compensation Act states that money paid in guns being smuggled as compensation is not subject to garnishment and is not into Winnipeg, some from income. As such, the CRCVC believes that Legal Aid’s claims the United States. Police to these fees are in violation of this Act. The CRCVC has note that guns are also written to the Attorney General of Ontario to request that becoming more common as immediate action be taken to prevent further garnishment of drug trade becomes more 2

victims’ awards. organized, which are ______controlled by gangs like the REAFFIRMS AID TO Hells Angels. VICTIMS In 2006, nine people were killed by firearms in The Quebec government has reaffirmed its pledge to offer Manitoba. Over the past support to the families of the victims from the shooting at three years, 22 firearms- Dawson’s College, which took place last September. This related deaths were promise of support comes following the public outcry by one recorded. family for help.

CRCVC ASKS TO The parents of Jessica Albert, who spent 9 days in intensive PRESENT TO PIPEDA care after being shot in the abdomen, appealed to Premier REVIEW for both moral and financial aid. In an open letter The Standing Committee to La Presse, the girl’s parents, Danielle Lachaine and Francois on Access to Information, Albert say, “Three months after this drama, we have received Privacy and Ethics is no aid.” undertaking a review of the

Personal Information The Premier promised to help the victims in the hours following Protection and Electronic the shooting. The public uproar prompted Mr. Charest to order Documents Act (PIPEDA), Justice Minister Yvon Marcoux to contact Jessica’s parents and and the CRCVC has offer assistance. formally requested

permission to make an oral “I can’t understand what happened. Immediately after the presentation as part of the shooting we made sure everyone had access to necessary review. Given the CRCVC’s support services. I now realize that not everyone was able to efforts to ensure better access those services. I want to know why,” said Mr. Marcoux. protection for children from

internet sexual exploitation, Since the shooting, Albert’s parents say that they have been left our awareness of the to fend for themselves. Ms. Lachaine had to quit her job, and is potential impact that currently on unemployment insurance. Mr. Albert has been PIPEDA is having on law forced to work longer hours in order to support the family, who enforcement’s ability to has 3 other children as well. The couple’s other children have identify child sexual also suffered due to the shooting, each of whom have suffered predators who use the from post-traumatic stress and have been “unable to function Internet to victimize normally.” children, and the fact that

no one has spoken up for Mr. Marcoux said that there may be other families like Ms. the privacy of those Albert’s who require immediate assistance, and has contacted children whose images are Dawson College’s director to help create a list of such families. being viewed daily by Mr. Marcoux recognizes that the Dawson shooting is an sexual predators for their exceptional case that would perhaps require financial own personal satisfaction, assistance for some parents. “These people suffered an awful we feel that we must trauma. We will take care of them,” Mr. Marcoux promised, appear before the adding that each case would be examined individually. committee. Witnesses thus

far have raised valid The issues related to accessing compensation are not unique concerns regarding the to victims of the Dawson College shooting. The Province of privacy of Canadians, but Quebec has launched a review of the compensation program, none have presented these but the focus of this review will be on inequities, not delays. perspectives. To date, we VICTIMS FEEL THAT FOREIGN AFFAIRS DOESN’T have been informed that we 3

HELP WHEN A LOVED ONE IS MURDERED ABROAD may submit a written brief to the committee, but that The Star recently reported that more than 250 we may not be able to Canadians have been murdered while traveling outside of appear before the Canada in the last seven years. The majority of these crimes committee. occur in the United States, Mexico and the Caribbean, as well there are murders reported from around the globe. Many of the cases remain open, without charges.

For the families of those who are murdered, while they are outside of Canada, there is a common feeling that the Canadian government has let them down in failing to provide assistance and support when they are first notified of the homicide, and in the often long investigations that follow. Families report that they are often left to deal with foreign authorities to seek out information about their loved one’s death, and make difficult arrangements on their own. Many feel that Foreign Affairs should provide assistance with obtaining information about their loved one, helping them to have the remains returned to Canada, and advocating on their behalf to ensure that the deaths are properly investigated by local authorities.

Cher Ewing, whose daughter Kirsten was murdered in Guadalajara in 2004 said, “It would be nice to feel that the Canadian government had your back when something like this happens. We felt let down.” The accused in Kristen’s case have not stood trial on the charges, with one freed on bail, and the murder charges being dropped against the other suspect. When Ms. Ewing tries to get more information about the case, she has been told that Foreign Affairs cannot discuss specifics with her.

The CRCVC has lobbied the Department of Foreign Affairs to create an International Victim Assistance Unit that would assist Canadians who are faced with the loss of a loved one to homicide. The United States provides a variety of services to American victims of crime, both while abroad and upon their return to the U.S. ______QUEBEC ACTIVIST NAMED “HERO OF THE YEAR”

Pierre-Hugues Boisvenu’s 27-year-old daughter, Julie, was raped and murdered in Sherbrooke in 2002. In 2005, his youngest daughter Isabelle was killed in a car accident. Rather than let these tragedies destroy him, Boisvenu has used the experience to become a successful advocate for the families of murder victims. As a result of his tireless work, Boisvenu was nominated by 235,000 readers of Sélection magazine, the french version of Reader’s Digest Canada, and was designated “Hero of 2006.”

Boisvenu is responsible for founding L’Association des Familles de Personnes Assassinées ou Disparues (AFPAD), a non-profit organization that advocates for and provides support to families of missing or murdered children. AFPAD has lobbied the Quebec government regarding the treatment of victims, and has successfully brought about changes, such as the increase in aid for victims’ families from $600 to $3,000.

Boisvenu retired in order to devote more time to AFPAD. The Sherbrooke-based association has recently opened an office in , and continues to operate based on donations and fundraising.

"It’s wonderful news for me and the families involved with the Association," Boisvenu said. Last year he was given the Prix de la Justice du Quebec. 4

______ACCUSED MURDERER ALLOWED TO KEEP WEAPONS AFTER THREATENING WIFE

In late December Stefanie Stevenson, a 33-year-old mother of two was shot in front of her Brockville home. She died while being air-lifted to the Ottawa Civic Hospital. Andrew Stevenson, her estranged husband, has been charged with the murder. She and her family had recently moved to the area.

Stevenson had previously been charged with assault and with threatening his wife. He was convicted on the threat charge, put on probation and given a conditional discharge. Despite Assistant Crown Attorney Jessica LeGrand’s request that Stevenson’s firearms be removed, he was allowed to keep his weapons, citing hunting and farming reasons. Ontario Court Justice John Waugh allowed the firearms, saying to Stevenson that “weapons were not involved in this case and I think they were the furthest thing from your mind,” and that the weapons where “part and parcel of operating a farm.” Stevenson is now accused of using firearms to murder his wife. ______WEBSITE LAUNCHED TO TEACH INTERNET SAFETY TO CHILDREN

Alberta Children’s Services, in partnership with Microsoft Canada, has launched a website to teach children about Internet Safety. The site features characters like Careful Cara, who guide children through a series of games designed to teach them to be mindful when online. The site also has separate sections for teenagers and adults.

"We are expecting it to be quite popular," said Alberta Children's Services spokesperson Sharon Lopatka. "A lot of parents think their kids are safe because they are young, but they are not. They are starting to get involved with online activities at a very young age and we want to make sure they have the skills before they get involved."

Youth are increasingly targeted by internet predators. According to the Alberta government, 21 per cent of children two-years-old and younger, 58 per cent of three to four year olds, and 77 per cent of five to six-year-olds are now using computers. The website can be viewed at www.badguypatrol.ca. ______RESIDENTIAL SCHOOL DOCUMENTS TO BE RELEASED TO VICTIMS, PUBLIC

Several generations of Native Canadians were subject to widespread physical and sexual abuse while at residential schools. The Truth and Reconciliation Commission, a $60 million five-year project, aims to document this dark chapter in Canada’s history. Part of this effort involves publicly making the journals, photographs, and documents from the schools available. These documents are held primarily by Christian churches, who ran the residential schools from 1874 to 1996 in conjunction with the Government of Canada.

The project should help former students and abuse victims to learn more about their own experiences and family history. Phil Fontaine, National Chief of the Assembly of First Nations and himself a residential school abuse victim, says that seeing the extensive church records will be an important part of the story for victims.

“We will learn what transpired on a daily basis - because the officials kept daily journals - and come to understand how they viewed these schools, the children that they were responsible for,” Fontaine said. “This is an important missing piece at the moment. Because all we've heard is the 5

stories of the survivors, and this is just now coming out. But we haven't heard from the churches.”

“We have to be prepared to expose the ugly truth of the residential schools experience because that's part of the healing and reconciliation that has to occur. We know that it has been traumatic for survivors . . . this is not easy, because we're dealing with painful experiences. But it's all very important. This is not about causing further harm to individuals. It's really about making things better and fixing things and making sure people understand this experience in a way that will enable us to turn the page.”

While the purpose of the project is to give former students/victims the opportunity to tell their story, the release of church documents may also enable victims to access their abusers’ journals. The process, while painful for victims, will also present logistical challenges to the churches, which will be challenged to keep up with requests for documents.

This project is part of a $1.9 billion court settlement, which recognizes that all students suffered through a loss of culture and language, as well as by being forcibly removed from their homes. ______U.S. STATES WITH HIGHEST RATES OF GUN OWNERSHIP HAVE HIGHEST MURDER RATES

A Harvard School of Public Health report released in early January found that American States with the highest reported gun ownership have higher murder rates than those with lower ownership. Matthew Miller, who led the study, said that the findings show that “household firearms may be an important source of guns used to kill children, women and men, both on the streets and in their homes”.

The study used data from a U.S. Centre for Disease Control and Prevention survey of 200, 000 people in all states. They divided the data into four groups, based on gun ownership rates, and found that those States in the highest quartile had gun related homicide rates 114 per cent higher than those in the lowest ownership group. The overall homicide rate for these states was found to be 60 per cent higher than the rates in the lowest gun ownership group. Firearms are linked to two of every three homicides in the United States.

About one in three U.S. homes report ownership of a , accounting for over 200 million privately owned guns. ______EMERGENCY MANAGEMENT MINISTERS MEET TO DISCUSS PRIORITIES

The federal, provincial and territorial ministers responsible for emergency management met in in early January to discuss enhanced coordination for the protection and safety of Canadians. The meeting, co-chaired by the Minister of Public Safety, Stockwell Day, and B.C. Minister of Public Safety and Solicitor General, John Les.

The ministers also discussed a national public alerting system, disaster mitigation, and the Disaster Financial Assistance Arrangements (DFAA), which allows the federal government to provide financial assistance to the provinces and territories in an emergency. Ministers agreed that there needs to be further discussion on these issues, looking at the type and nature of disasters and potential for cooperation. They agreed to meet again in 2008 to pursue these topics further.

The Ministers approved two documents that support an integrated effort to emergency 6

management. The first of these, An Emergency Management Framework for Canada, describes the fundamentals of emergency management, and aims to support the design, implementation and improvements to the emergency management system in Canada. Strategy for Emergency Training in Canada identifies goals, roles and responsibilities and guiding principles for emergency management training.

Through our research into provision of services for victims of terrorism, the CRCVC has noted that very few emergency plans include services to support the victims in disasters. Our report to the Department of Justice will highlight this gap, and we hope that it will add a new dynamic to these discussions. ______VICTIM STILL SUFFERS DESPITE SETTLEMENT FROM CSC

Following a vicious attack by offender Brian Riches in 1999, victim Jeff Hearn was left with broken limbs, cuts requiring many stitches, metal plates in his head, and permanent brain damage. He found himself unable to work, suffering from PTSD and losing custody of his daughter. He and his wife struggled for years on welfare, waiting for the outcome of a lawsuit they had launched against the Correctional Service of Canada, who was responsible for supervising Riches on his release from prison. With the bills mounting, and no end to the lawsuit in sight, they negotiated and received a settlement in the case, one that was much less than they had hoped.

The Hearns were soon faced with the reality that legal fees, mortgage payments, and other living expenses quickly used up most of the settlement. They were able to survive until Jeff’s wife got a full-time job and his ODSP payments were cut, leaving them with less income that they had previously. Seeing that he had no other option, Hearn wrote to Public Safety Minister Public Safety Stockwell Day, asking that his file be reopened, and the settlement examined.

Minister Day’s response arrived the week before Christmas, calling the deal “reasonable” and reminding Jeff that he participated in the negotiations, and that the agreement was binding. He did not take into account the struggles that the Hearns faced at the time, leaving them no choice but to accept the settlement, nor did he consider their current situation. ______YOUTH GANG PREVENTION FUND OFFERS UP TO $500,000 TO COMMUNITY GROUPS

Public Safety Minister recently announced that the federal government will be offering grants of up to $500, 000 to community groups across Canada for projects that present a workable plan to keep children out of gangs. The funds will come from the new $11.1million Youth Gang Prevention Fund, which is part of the National Crime Prevention Centre.

Minister Day says that the grants show recognition by the government that cracking down on crime means more than just additional police resources and putting criminals behind bars. It also means preventing crime from happening in the first place.

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