Annual Report (2021-2022)

Farewell statement from Heidi Illingworth, Federal Ombudsman for Victims of Crime from 2018 to 20211 Serving as the Federal Ombudsman for Victims of Crime for 3 years was more than a job for me. It was about who I am and what I care about. I absolutely loved my work with the office, and I am grateful for the opportunity to have learned so very much. Over my term, I was privileged to work with an incredibly supportive group of colleagues. I am proud that our team evolved to include more members from diverse backgrounds. I also had the privilege of working closely with knowledge keepers who shared their experiences, expertise and advice through the Indigenous, Academic and Frontline Service Providers Advisory Circles that I established. The community leaders in these circles inspired our work daily with their unparalleled talents, commitment and constant drive for excellence. On a personal level, the many victims and survivors of violence who reached out to us for support motivated me daily. Their lived experiences and personal journeys tugged at my heart and were a source of inspiration. When I was first appointed Ombudsman, I felt at home immediately because of our mandate and the people we serve. My vision to improve the experience of victims in the justice system and to ensure respect for their legislated rights never wavered. Rather, it grew as we pushed the envelope on what is possible. From the beginning, I set out to increase outreach and awareness of the OFOVC in remote communities. We went to these communities to hear directly from victims and survivors of violence across the North, and we organized community forums in Yellowknife and Whitehorse. This work is not finished. We brought victims’ rights and issues to the forefront of stakeholder discussions through six successful webinars. We engaged regularly with our stakeholders and kept them well informed about our work through social media posts and our newsletter. We commissioned research papers by victimology experts to ensure that all of our work was evidence-based, and we made this research accessible to front-line practitioners. In 2021–22, we answered a record number of calls from victims and survivors of crime and developed our first client survey to gather feedback about our service delivery and how we can improve. Increasing public awareness and understanding of victims’ rights and the work we do at OFOVC is critical, and I did this by making presentations at numerous conferences and meetings. As Ombudsman, my goal was to deliver achievable recommendations and make submissions to government that would bring meaningful change for victims and survivors of crime. I truly believe that implementing the recommendations I made will lead to a much-needed change of culture in our criminal justice system so that all those within it are treated with dignity, equality and respect for their statutory rights. Although I am proud of all these accomplishments, they are not about me. They happened because of the time that survivors, victims, academics and front-line service providers took to share their experiences with us. You trusted, supported and partnered with our team as we took bold leaps and achieved audacious goals. In 2020, we celebrated the fifth anniversary of the coming into force of the Canadian Victims Bill of Rights. To mark the anniversary, we released our analysis of the implementation of the bill in a progress report. Our findings were that the bill has largely failed to empower and support those harmed by crime. I called for a parliamentary review of the Canadian Victims Bill of Rights and issued 15 recommendations to the federal government for legislative and administrative measures. Just a few weeks before the 2021 election, the Standing Committee on Justice and Human Rights initiated a study of the bill. I had the honour of appearing before the committee, and sincerely hope that the legislated review will take place this fall. Victims deserve to be respected as integral participants in our criminal justice system, and officials must take real responsibility for delivering their rights. We will advance justice for all Canadians only when we truly empower victims to assert their rights. Although I have moved on from the OFOVC, I have not gone far. I remain steadfast in my work to support victims and survivors of crime as they move toward healing and wellness. I will continue to advocate on their behalf as I take on new responsibilities as the executive director of Ottawa Victim Services. Thank you for your advice, wisdom and support.Message from the Ombudsman
Our vision Victims and survivors of crime are treated fairly and with respect across the federal government and criminal justice system. Our mission To take a victim-centred and trauma-informed approach to our work; to listen to and engage with victims and survivors of crime; and to work in a way that is holistic and mindful of intersectionality, seeks fairness, and challenges inequality. Our mandate Our mandate relates exclusively to matters of federal jurisdiction. It enables us to perform the following activities: Our federal stakeholders We work closely with victims of crime and key justice system stakeholders to carry out its mandate. Stakeholders include other federal departments and agencies that provide programs and services for victims of crime, including the Department of Justice Canada, Public Safety Canada, Employment and Social Development Canada, and federal research and resource centres that share promising practices, views and research on victims’ issues. About the Office of the Federal Ombudsperson for Victims of Crime
How we reached out to stakeholders Our top English tweet EN: Older women represent about 1/3 of all women & girls killed by violence in Canada. Read @DawsonMyrna's research paper on the femicide of older women, highlighting that older women are often “invisible” & silenced, not only in life, but also in death: https://bit.ly/2TgbMeZ FR : Les femmes plus âgées représentent environ 1/3 des femmes & filles tuées par la violence au Canada. Lisez le rapport de recherche de @DawsonMyrna sur le féminicide des femmes âgées, soulignant que les femmes âgées sont souvent « invisibles » : https://bit.ly/3xoQN8m Our top French tweet FR : L’indemnisation est une première étape sur la voie de la guérison des victimes. Les programmes d’indemnisation peuvent aider les victimes à se remettre d’un crime & à rétablir leur confiance envers l’État. Lisez ce nouveau rapport de @jwemmers: https://bit.ly/3x0cH1s EN: Compensation is a critical first step on victims’ road to recovery. Compensation programs can help victims recover from crime & restore their confidence in the state. Read this new report by @jwemmers on Compensating Crime Victims in our Research Corner: https://bit.ly/2Uy2WKJ Total Files Opened by Official Language and Location: TOTAL: 765 Who Contacted Us: Top Issues Raised by Clients: A single file may have multiple issues. “Other Levels of Government” includes the following:2021-2022 at a glance
Total Files Opened by Official Language and Location:
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*Unknown refers to clients who contacted the Office but did not indicate where they were from or where the crime occurred.Who Contacted Us:
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Top Issues Raised by Clients:
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“Other Levels of Government” includes the following:
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In 2021–2022, the OFOVC participated in a wide range of networking and community events, conferences, forums and meetings to raise awareness of what we do, exchange ideas with colleagues, and ensure policy-makers and influencers are aware of victims’ concerns. Networking events we attended Events we presented or spoke at Ministerial and parliamentary relations we managed Reports and publications we produced Every year, the OFOVC produces a variety of reports and publications. In 2021–2022, we published an internal report titled “(Not all) Hurt people hurt people: Re-thinking the Victim-Offender Overlap,” which examines the correlation between victimization and criminal offending. We also prepared a report titled “Repairing the Harm: A Special Report on Restitution for Victims of Crime in Canada,” which looks at the current state of victim restitution and recommendations going forward. We also commissioned subject matter experts to submit external reports in their respective fields of expertise related to victimology. Engaging with our communities of experts The OFOVC found new ways to engage with its communities of experts in 2021–2022. One important way we did this was through our Academic and Indigenous Advisory Circles as well as by establishing a Frontline Advisory Circle. The considerable knowledge and expertise of these circles’ members continues to enlighten and enrich our work. Indigenous Advisory Circle On May 11, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, joined the OFOVC’s Indigenous Advisory Circle meeting to discuss Bill C-15, an act to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Minister Lametti also discussed the Government of Canada’s commitment to prepare and implement an action plan to achieve the objectives of the declaration. The dialogue and perspectives shared by the knowledge keepers of the Indigenous Advisory Circle informed the OFOVC’s recommendations to decision-makers throughout 2021–2022. This included recommendations on violence prevention, systemic racism in policing, better services and supports for front-line workers, and the need to implement Indigenous-led solutions to decolonize the criminal justice system. Academic Advisory Circle At an Academic Advisory Circle meeting in June 2021, Myrna Dawson, professor and research leadership chair at the Centre for the Study of Social and Legal Responses to Violence at the University of Guelph, presented her research paper, Not the ‘golden years’: Femicide of older women in Canada. Hannah Scott, a professor in the Faculty of Social Science and Humanities at Ontario Tech University, also published her research paper, The differences in application of legislation and criminal justice practice to address issues experienced by victims of private versus public violence. Marie Manikis, an associate professor in the Faculty of Law at McGill University, submitted her research paper on Federalism and victims’ rights in Canada , examining the various jurisdictions for criminal justice and how they affect victims’ rights and enforcement. Circle members played an important role in supporting our evidence-based recommendations to government throughout the year. We engaged the circle on other topics, including the impacts of COVID-19 on intimate partner violence, data gaps related to marginalized communities, and restorative justice practices. Visit our Research Corner to see the work of our Academic Advisory Circle members. Frontline Service Provider Advisory Circle In 2021–2022, the OFOVC established the Frontline Service Provider Advisory Circle to engage with front-line experts who work in victim services and anti-violence organizations. This circle enables the OFOVC to learn about the challenges and gaps that service providers see across the criminal justice system when it comes to helping victims heal and advancing their rights in Canada. At the circle’s first meeting in June 2021, members shared their initial concerns and challenges and exchanged promising practices. Their experiences inform the OFOVC’s recommendations. The OFOVC commissioned a report titled Understanding the experiences of coercive control and sexual exploitation. The report was co-written by two members of the Sagesse Domestic Violence Prevention Society—Andrea Silverstone, CEO, and Carrie McManus, Director of Innovation and Programs—with Rod Dubrow-Marshall, a professor and programme leader of the MSc Psychology of Coercive Control postgraduate course offered by the School of Health Sciences at the University of Salford in the UK. Yukon Sharing Circle In May 2021, the OFOVC hosted a virtual sharing circle with Yukon residents to listen and learn from their experiences with the criminal justice system. The circle was part of the OFOVC’s priority to increase its engagement with victims and survivors of crime in remote regions of Canada, with special emphasis on Indigenous groups and communities with whom the office has not engaged with before. Participants shared their concerns and ideas about how best to improve the justice system, with a focus on federal law, policies and programs. The office plans to use these experiences to enrich its evidence-based recommendations to government and improve both the criminal justice system and the treatment of victims and survivors. After the Yukon Sharing Circle concluded, we prepared a What we heard report. Upholding victims’ rights and uprooting systemic racism In June 2021, the OFOVC held Uphold Victims’ Rights and Uproot Systemic Racism, a webinar related to its progress report on the Canadian Victims Bill of Rights. The panellists were Jade Tootoosis, an Indigenous justice advocate; Myrna McCallum, an Indigenous lawyer and host of "The Trauma-Informed Lawyer" podcast; Dr. Annette Bailey, associate professor at Toronto Metropolitan University; and Fo Niemi, co-founder and executive director of the Center for Research-Action on Race Relations. They discussed specific experiences of oppression and challenged white privilege in order to propose solutions and actions that can strengthen victims’ rights, increase the accountability of institutions, and decolonize the criminal justice system. Discussions focused on protecting vulnerable victims, reimagining police services through defunding or detasking, breaking down the barriers faced by racialized persons, increasing awareness of citizens’ legal rights, and supporting independent complaint and oversight mechanisms.Public and stakeholder engagement
Issue A victim contacted the OFOVC following receipt of the Correctional Service of Canada’s (CSC) response to their formal complaint. The victim was concerned about the management of a provincial probation order that should have come into effect after the offender who harmed them had reached the end of their federal sentence (known as warrant expiry). The offender was released from federal custody in a different province than the one where the probation order applied, but later returned to the province where the order was issued. Neither the provincial victim services unit, local police, nor corrections were aware that the offender had returned to their jurisdiction, and therefore did not begin or update the victim about the order. This meant that the offender was not supervised or subject to conditions in the community as required by the probation order, leaving the victim feeling unprotected. OFOVC reviewed the victim’s concerns and identified a gap in CSC’s policy and procedures. OFOVC Involvement In this case, the PBC did not provide advanced notice of the EAH and the victims did not have the opportunity to raise concerns about the format of the hearing ahead of time. They also missed the opportunity to prepare or arrange to have an elder from their community attend the hearing as a support person. When the hearing began, the family objected to the format. In the absence of a clear policy, the Board members used their discretion to stop the hearing and proceed with the regular non-EAH format. However, they advised the family that this disruption to the process may provide the offender with grounds to appeal the decision. Impact Following our involvement, CSC has made many positive changes to prevent this type of incident from happening in the future. CSC reviewed its policies and procedures to ensure that it obtains all relevant data about sentencing when it retrieves court documentation. CSC also made changes to its database (Offender Management System) to ensure a consistent approach to identifying and communicating court information for all staff who need to access it throughout the case management process. In addition, CSC has held meetings with each provincial and territorial victim services to improve continuity of services between jurisdictions. Issue In 2021, Indigenous victims contacted the OFOVC after the Parole Board of Canada (PBC) granted an Elder-Assisted Hearing (EAH) to a non-Indigenous offender who was serving a sentence for the murder of an Indigenous woman. The victim’s family felt that this represented cultural appropriation, and that their own culture was being used against them. In this case, the PBC did not provide advanced notice of the EAH and the victims did not have the opportunity to raise concerns about the format of the hearing ahead of time. They also missed the opportunity to prepare or arrange to have an elder from their community attend the hearing as a support person. When the hearing began, the family objected to the format. In the absence of a clear policy, the Board members used their discretion to stop the hearing and proceed with the regular non-EAH format. However, they advised the family that this disruption to the process may provide the offender with grounds to appeal the decision. OFOVC involvement After the OFOVC received a complaint from the victims, the Ombudsman sent an open letter to the Chairperson of the Parole Board of Canada, Jennifer Oades. The Ombudsman shared her concerns about respect for Indigenous victims and the decision to allow non-Indigenous offenders to choose EAH. The Ombudsman also raised concerns about the insufficient amount of time given to victims to prepare for an EAH or to make a complaint about the format. The Ombudsman recommended that the PBC develop a clear policy for Board members to respond consistently in situations where victims contest the hearing format on grounds of Indigenous cultural identity or heritage. Although the PBC did not implement these recommendations, the Chairperson outlined actions to prevent this type of situation from recurring, including a PBC policy of providing 28 days notice about an EAH, when possible, and sending a video and written materials to explain the format. The PBC has also established a Working Group on Diversity and Systemic Racism. Impact This complaint is not fully resolved. The victims continue to feel that the provision of Indigenous programming to non-Indigenous offenders devalues their racial and cultural identities, and reflects the continued colonial exploitation of Indigenous Peoples and their way of life. The OFOVC recommends further consultation with Indigenous leaders, family members, and victims on whether it is appropriate to allow non-Indigenous people to request EAH without the consent of the Indigenous victims they have harmed.Case Studies
Victim safety concerns about a provincial probation order following a federal sentence
Elder-Assisted Parole Hearing with a Non-Indigenous Offender
Issue In 2021–2022, the OFOVC heard from victims about publication bans, specifically the complex process required for victims to get the bans lifted. Victims also told us they were not informed about publication bans and/or that the information they received about them was unclear. Many did not know how to request a publication ban, how to get one lifted, or what information could still be shared about their case if a publication ban was in place. The OFOVC wrote a letter to the Minister of Justice and Attorney General of Canada providing its recommendations on this issue, including that the Court be required to disclose information explaining how to remove the order in the future, if so desired by the victim. We recommended: Outcome On August 13, 2021, the Minister of Justice replied stating that he had shared the office’s recommendations with Department of Justice Canada officials. Issue In April 2021, the House of Commons Standing Committee on Justice and Human Rights met to study the impacts of the COVID-19 pandemic on the justice system in Canada. The Ombudsman appeared before the Committee to testify on this topic. The office also made a submission to the House of Commons Standing Committee on Justice and Human Rights on the Study of the Impacts of COVID-19 on the Justice System in Canada, discussing the effects of the pandemic on victims and survivors of crime. We recommended: Outcome The House of Commons Standing Committee on Justice and Human Rights met in April 2021. No reports have been produced for this reporting period. Issue In May 2021, the House of Commons Standing Committee on Justice and Human Rights invited the public to submit written briefs for consideration in its study of elder abuse. The OFOVC made a Submission to the Standing Committee on Justice and Human Rights on the Study of Elder Abuse with recommendations. The office recognizes that elder abuse is a systemic issue that is on the rise in Canada, yet can also be very difficult to detect and address. We recommended: Outcome The House of Commons Standing Committee on Justice and Human Rights met in May and June 2021. On June 22, 2021, the Committee released Report 10: Elder Abuse: Identifying the Issue and Combatting All Types of Abuse. Issue In August 2021, Canadian Heritage launched a public consultation on proposed approaches to address harmful online content. The department asked for written submissions on the proposed approach to make social media platforms and other online communications services more accountable and transparent in relation to combatting such content. The OFOVC submitted a brief that emphasized the need to develop a new legislative and regulatory framework requiring online content platforms to take all reasonable measures to identify harmful content communicated on their platform and make harmful content inaccessible in Canada. We recommended: Outcome Following the consultation, the Government of Canada released a report titled What We Heard: The Government’s proposed approach to address harmful content online. The government continues to consider next steps.Submissions to government
Publication bans
The impacts of the COVID-19 pandemic on the justice system in Canada
Elder abuse
Addressing harmful online content
Issue The Canadian Victims Bill of Rights came into force in 2015, giving victims of crime the right to information, participation and protection as well as the right to seek restitution. In 2021, the Standing Committee on Justice and Human Rights initiated a study of the bill. The purpose of that study is to give Parliament an opportunity to evaluate its effectiveness in ensuring that the rights of victims of crime are respected and to assess the federal government’s success in meeting its obligation to victims. On June 3, 2021, the Committee invited the Ombudsman to appear as a witness for the study of the Bill. The Ombudsman pointed out that the Bill’s implementation has been sporadic and inconsistent and that the law does not give victims a legal remedy if any of the rights contained in it are violated. The Ombudsman also promised to share the Progress Report on the Canadian Victims Bill of Rights to review the OFOVC’s 15 recommendations to strengthen victims’ rights. We recommended: Outcome The study of the Canadian Victims Bill of Rights ended when a federal election was called in summer 2021. On March 29, 2022, the Standing Committee on Justice and Human Rights began its study of the government’s obligations to victims of crime. The committee agreed that the evidence and documents gathered during the second session of the 43rd Parliament during the study of the Canadian Victims Bill of Rights will be considered by the committee studying the government’s obligations to victims of crime. As of March 31, 2022, a legislative review of the Billhad still not taken place. Issue Intimate partner violence is a largely hidden and underreported crime, with only about one third of victims coming forward to the police. Coercive control takes shape around the prevalence of male dominance and supremacy relative to women, with tactics that are often rooted in historical gender norms. Criminalizing coercive and controlling behaviours sends a clear message that this form of abuse constitutes a serious offence. The Criminal Code should be amended to criminalize coercive and controlling behaviours. On April 27, 2021, the Committee on Justice and Human Rights tabled a report titled The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships. Many of the points raised in the office’s submission to the study were included. The OFOVC published a letter addressed to Minister Lametti containing our recommendations, which we have outlined below. We recommended: Outcome On July 6, 2021, the Minister of Justice replied stating that he was reviewing the committee’s report and recommendations in more detail, as were departmental officials. Issue Bills C-71 and C-21, Acts to amend certain Acts and Regulations in relation to firearms, received royal assent on June 21, 2019, but have yet to be fully implemented. Bill C-21 includes valuable measures, but needs to be strengthened to achieve its intended goal of reducing gun-related crime. The OFOVC published a Letter addressed to the Honourable Bill Blair regarding Proposed Firearms Legislation and Considerations Relating to Violence Against Women with recommendations on this issue. We recommended: Outcome As of March 31, 2022, full implementation of Bill C-72 is still pending and we welcome changes to strengthen Bill C-21. Issue Given that the federal government and provincial and territorial governments share the responsibility for responding to victims of crime in Canada, there needs to be a consensus toward strengthening the rights of victims and survivors of crime in the administration of justice. As such, the OFOVC submitted a Letter addressed to Provincial and Territorial Attorneys General on Seeking Support to Improve Victim’s Rights in the Administration of Justice with its recommendations. We recommended: Outcome The Ombudsman received responses from the Honourable Doug Downey, Attorney General of Ontario, and the Honourable David Eby, Attorney General of British Columbia, noting that they share the OFOVC’s views about the need for equitable treatment of victims and survivors of crime and are continuing their work to ensure that the public interest and victims’ rights are protected within the criminal justice system. Issue In June 2017, the OFOVC undertook a systemic review of the Federal Income Support for Parents of Murdered or Missing Children Grant. The goal of the review was to identify key recommendations to the federal government that would increase the grant’s uptake and ensure that the funds allocated to assist victims were being dispersed to the greatest extent possible. In May 2018, the federal government replaced the grant with the Canadian Benefit for Parents of Young Victims of Crime. Although some changes were made to the program, the OFOVC believes more work needs to be done to ensure the grant meets the needs of the population it is meant to serve. As such, the Ombudsman wrote a letter to Minister Hussen on this topic. We recommended: Outcome As of March 31, 2022, the office had not received a response. Issue Canadian citizens have been victims of terrorist attacks both at home and abroad. There remains a pressing policy gap in supporting victims and survivors of terrorism during their long-term recovery and healing. With multiple jurisdictions involved and little to no consistent federal policy direction, these vulnerable individuals frequently fall through the cracks without having their needs met or respected. As such, the OFOVC submitted a Letter addressed to the Minister of Public Safety and Emergency Preparedness and the Minister of Foreign Affairs with OFOVC’s recommendation. We recommended: Outcome As of March 31, 2022, the office had not received a response.Letters to government
To the Standing Committee on Justice and Human Rights on the study of the Canadian Victims Bill of Rights
To the Honourable David Lametti regarding the recent tabling of a Justice Committee report on coercive and controlling behaviours
To the Honourable Bill Blair regarding proposed firearms legislation and considerations related to violence against women
To provincial and territorial attorney generals on seeking support to improve victims’ rights in the administration of justice
To the Honourable Ahmed Hussen on the Canadian Benefit for Parents of Young Victims of Crime Program
To the Honourable Bill Blair and Honourable Marc Garneau on the creation of a federal victim support office for terrorism and extremist violence
The OFOVC is an arm’s-length program activity of the Department of Justice. The Office employs a full-time staff of 10 people who support 3 units: In keeping with the principles of an effective and cost-efficient organization, the OFOVC receives core enabling services, such as information technology, contracting and human-resources management, from the Department of Justice, where appropriate. .Operations and Financials
Budget
Summary of actual expenditures, from April 1, 2021 to March 31, 2022
Amount ($)
Salaries and wages (including Employee Benefits Plan)
1,043,468
Information/communications
63,394
Training and professional dues
9,716
Professional and special services
124,095
Legal services: 11,550
Translation services: 87,971
Other services: 24,574
Rentals
2,914
Repair and maintenance
376
Utilities, materials and supplies
4,228
Acquisition of machinery and equipment
0
Travel and relocation
64
Other
23,016
Total expended by Ombudsman’s Office
1,271,271
*Public Service and Procurement Canada covered the cost of occupying and maintaining the OFOVC’s premises.
*The Department of Justice Canada covered certain corporate costs for the OFOVC which are not included in the expenditures reported above.