Submission to the Standing Senate Committee on Legal and Constitutional Affairs (LCJC) Bill C 16 (Protecting Victims Act)

Submitted by: Dr. Benjamin Roebuck,
Federal Ombudsperson for Victims of Crime

June 10, 2026

The Office of the Federal Ombudsperson for Victims of Crime

The Office of the Federal Ombudsperson for Victims of Crime (OFOVC) is an independent resource for victims and survivors in Canada. We operate at arm's length from the Department of Justice, and the Ombudsperson reports directly to the Minister of Justice as a Special Advisor.

Victims contact our Office to learn about their rights under federal law, to learn about federal services, or to make a complaint about a federal agency. Part of our mandate is to ensure that policymakers are aware of systemic issues affecting victims and that the Government understands its obligations under the Canadian Charter of Rights and Freedoms and the quasi-constitutional Canadian Victims Bill of Rights (CVBR).

Position

The OFOVC supports the objectives of Bill C-16 and considers it one of the most significant advancements in victims' rights since the CVBR came into force in 2015. Our April submission to the JUST Committee made 25 recommendations, several of which the Committee adopted in whole or in part.^[1]

For the Senate's study, this submission is deliberately focused. Rather than restate our full brief, which remains on the record, we concentrate on a small number of issues that are central to this Office's mandate Our focus is the architecture of victims' rights under the CVBR, the treatment of victim information in federal corrections, and two procedural protections that engage victims' safety and participation directly.

We make seven recommendations for amendments to the Canadian Victims Bill of Rights, the Criminal Code, and the Corrections and Conditional Release Act (CVBR). We set out proposed legislative text for each, updated from our April brief.

Canadian Victims Bill of Rights (CVBR)

1. Empower the Ombudsperson to meaningfully address complaints

Parliament chose a complaint‑based enforcement model for the CVBR. Under s. 25, federal entities must maintain internal complaints processes, and s. 25(2) contemplates review by a federal body with authority to receive complaints where victims are dissatisfied. In practice, the Office of the Federal Ombudsperson for Victims of Crime (OFOVC) is that body. But the CVBR does not name the OFOVC, nor does it expressly recognize its function in the statutory complaint framework. Our authority rests on an Order in Council. Senator Boisvenu sought to remedy this gap before his retirement by introducing Senate Public Bill S-265, the Federal Ombudsperson for Victims of Crime Act.^[2]

Why it matters

The OFOVC’s ability to provide independent oversight and accountability is fundamentally constrained by gaps in its legal authority. Because the OFOVC is not named in the CVBR or in statues such as the CVBR, we have been denied access to information required to review alleged rights violations and treated by federal entities whose conduct we sought to review, as a member of the public rather than an oversight body.

Many complaints arise in corrections and conditional release contexts, where decisions directly affect victims’ safety and where victims may not feel able to complain directly to the institution that controls custody or release, yet the independent body (OFOVC) they are directed to lacks clear legal authority to obtain the information needed for meaningful review.

An Ombudsperson’s office is only credible if it is accessible, has authority to conduct independent reviews, and can obtain information required to properly assess complaints. When oversight depends on discretionary cooperation from federal entities rather than statutory authority, procedural fairness and accountability are weakened. Providing clear statutory access to information related to the complaint and allowing victims to come directly to an independent office, would strengthen accountability and begin to align with the statutory powers of the Office of the Correctional Investigator to investigate complaints of federally sentenced offenders.

Recommendation 1: Authorize direct complaints to the Federal Ombudsperson and provide a statutory path to access information

Amend the CVBR to recognize the OFOVC as the federal complaints body contemplated by s. 25(2), to authorize victims to file a complaint directly with the Office without the requirement of first exhausting internal agency processes, and to provide clear statutory authority for the OFOVC to access the information needed to review a complaint.

Proposed amendment to the Canadian Victims Bill of Rights

Federal Ombudsperson for Victims of Crime

25 (4) (a) Despite any other provision of this Act, a victim may file a complaint about a federal entity alleging a violation of their rights under this Act directly with the Federal Ombudsperson for Victims of Crime without exhausting recourse under other complaints mechanisms. The Ombudsperson may receive, review and address such complaints in accordance with their mandate, whether or not the victim has first submitted the complaint to the federal department or agency alleged to have caused the violation.

(b) In reviewing a complaint, the Ombudsperson may require any federal entity to produce any information in their possession, power or control that in the opinion of the Ombudsperson relates to the matter being reviewed.

2. Mandatory five-year review of the CVBR

Bill C-16 makes significant amendments to the CVBR. To assess the impact of those changes, a comprehensive statutory review provision should be added to Bill C-16.

Why it matters

Parliament introduced the CVBR with promises to centre victims in the criminal justice system.^[3] In addition, the CVBR expressly recognized victim rights. The preamble affirms

• the importance of victims’ rights being considered throughout the criminal justice system
• that victims of crime have rights that are guaranteed by the Canadian Charter of Rights and Freedoms
• that consideration of the rights of victims of crime is in the interest of the proper administration of justice

Parliament should establish a mechanism to assess the extent to which the promises made to victims have been fulfilled. The mechanism to do that is a mandatory, comprehensive, statutory review.

Recommendation 2: Mandate a five-year parliamentary review of the CVBR

Add a provision requiring a comprehensive review of the CVBR, its provisions and operation, within five years to consider how victims' rights are being implemented; how data is captured to measure compliance; and how complaint mechanisms are functioning.

The review should include broad consultation, including with:

• Victims and survivors from different backgrounds with differing relationships to the perpetrator (including family relationships)
• Victim-serving organizations
• Federal, provincial, and territorial agencies that interact with victims
• Criminal justice agencies and professionals
• Law societies and legal education bodies
• The judiciary

Proposed amendment to Bill C-16

Review of the Canadian Victims Bill of Rights

Within five years after the day on which this section comes into force, a comprehensive review of the provisions and operation of the Canadian Victims Bill of Rights is to be commenced by a committee of the Senate, of the House of Commons, or of both Houses of Parliament that may be designated or established for that purpose.

3. Adopt proactive CVBR compliance statements

The Canadian Victims Bill of Rights (CVBR) is quasi-constitutional legislation with two distinct primacy clauses (ss.21-22): every other Act must, to the extent possible, be construed and applied compatibly with the CVBR, and the CVBR prevails in the event of inconsistency.

To ensure that federal legislation complies with the CVBR, there should be a proactive approach to apply the primacy clauses of the CVBR to federal legislation, so victim rights to information, protection and participation are considered early in the drafting stage.

Sections 4.1 and 4.2 of the Department of Justice Act already require the Minister to table a Charter statement for every government bill; a parallel obligation for the CVBR would give practical effect to its primacy clauses and easily align with existing requirements. A Charter statement should already be considering victim rights under ss. 7, 8, 15 and 28 of the Charter. A compliance statement would screen new laws for consistency with complementary victim rights in the CVBR before they are enacted.

Recommendation 3: Require CVBR compliance statements for new criminal justice legislation.

Amend the CVBR, to require the Minister of Justice to table a statement of compliance with the CVBR when introducing legislation affecting victims' rights.

Proposed amendment to the Canadian Victims Bill of Rights

Compliance statement

22 (3) The Minister shall, for every Bill affecting the criminal justice system, introduced in or presented to either House of Parliament by a minister or other representative of the Crown, table in the House in which the Bill originates, a statement of compliance with the Canadian Victims Bill of Rights to inform members of the Senate and the House of Commons, as well as the public, of those potential effects.

Criminal Code of Canada

4. Bail notification to victims

Bail is one of the highest-risk moments for victims. The current regime requires a justice to consider victim safety (s. 515(13)), enables a victim to request a copy of an  order made under s. 515  (s. 515(14)), and requires the justice to ask the prosecutor whether the victim has been informed of their right to request a copy of the order  (s. 515(14.1)). What is missing is a statutory requirement that a victim be notified of bail orders, including release, detention and non-communication orders. Failing to notify a victim of an accused's bail order is a systemic failure that imperils victim safety and undermines the effectiveness of the bail provisions.

• This safety gap inconsistent with the victim’s right under s. 7 of the Charter to life, liberty and security and violates s. 10 of the CVBR, which guarantees every victim the right to have reasonable and necessary measures taken to protect them from intimidation and retaliation. Leaving this gap unaddressed in Bill C-16 while expanding sentencing options for femicide is not a coherent or rights‑compliant approach.

The Federal Ombudsperson for Victims of Crime asserts that this violation of s. 10 of the CVBR must be remedied according to the primacy clauses in the Act. Under s. 21, every Act of Parliament must be construed and applied in a manner compatible with the CVBR and where the provision of any Act of Parliament is inconsistent, s. 22(1) provides that the CVBR prevails to the extent of the inconsistency.

Recommendation 4: Victims must be notified of bail orders and safety-related conditions.

Amend the Criminal Code - PART XVI - Compelling Appearance of Accused Before a Justice and Interim Release to require prosecutors to take reasonable steps, without delay, to notify any victim of the offence of bail orders, including release, detention, and non-communication orders. This mirrors the notice-to-victims approach that Bill C-16 already adopts for delay applications in Clause 46 and gives practical effect to the victim's existing right to request a copy of the order and enhances victim safety.

Proposed amendment to the Criminal Code (New)

Notification to victim

526.1 (a) If a release order, detention order, or order containing a condition or direction that the accused abstain from communicating with any victim is made, varied or reviewed, under this Part, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence of the terms of the order.

(b) If an order is made under this Part, the court, justice, or judge shall, on request by a victim of the offence, cause a copy of the order to be given to the victim.

(c) Upon making an order under this Part, the court, judge, or justice must ask the prosecutor whether victims of the offence have been informed of their right to request a copy of the order.

Note: If this section is enacted, it would mean a corresponding amendment to remove s. 515(14) and s.515(14.1) which apply only to orders under s. 515 and not to other orders under this Part that impact victim safety.

Recommendation 5. Alternative measures and inadmissibility of warning and referrals

Admissions in alternative measures and later proceedings

Clause 59 adds a national framework for alternative measures and restorative justice (new ss. 715.44-715.6). Proposed s. 715.51 makes admissions by an accused made as a condition of an alternative measure inadmissible in any civil or criminal proceeding, and s. 715.6(5) makes evidence of a warning or referral inadmissible to prove prior offending. There is no parallel protection for statements made by a victim. We flag this as an issue for the Committee's study rather than a specific amendment, because the protections may interact in unintended ways with victim safety. 

Statements made in an alternative-measures process may describe patterns of coercive or controlling conduct; if they are always inadmissible, criminal and family courts may be unable to see the full pattern of behaviour in the very cases where it matters most to safety.

Likewise, where violence is escalating, prior warnings or referrals can be important context for assessing risk.

Consideration: Examine whether the alternative-measures protections are properly calibrated for victim safety.

The Committee should examine whether ss. 715.51 and 715.6(5) should allow limited use of admissions or warnings directly relevant to the coercive control offence and to family-court safety determinations, and whether equivalent protection should extend to victims' own statements, so they are not used against them in later proceedings. Any adjustment should be guided by the principle that early  interventions are valuable but must not come at the expense of long‑term safety and accountability.

Corrections and Conditional Release Act (CVBR)

Clauses 188 to 196 modernize information-sharing in federal corrections (new ss. 25 to 25.5) and improve victim notification, including a right to be told an offender's security level and location, advance notice of transfers and releases, the ability to provide input on placement, and written reasons when a requested condition is not imposed. Proposed s. 25.4 sets out principles for information sharing, including necessity, proportionality, minimization, accuracy, and security. The Office supports these reforms.

This modernization is important. However, in practice, Correctional Services Canada (CVBR) routinely stores detailed identifiable victim information inside offender files such as:

• names, addresses, trauma histories, family members, and safety concerns;
• pre-sentence reports, victim statements, risk assessments and transfer decisions that routinely combine offender and victim information.

The proposed provisions treat victims almost entirely as the objects of offender-centred information flows, rather than as rights-holders with their own privacy and safety interests in that information. Victims of crime have legal privacy rights that are distinct from offenders’ privacy rights, even when their information is stored in an offender’s institutional file. We recognize the importance of being able to share victim information appropriately to support safety, correctional programming, and release decisions. However, victims should be named separately in the proposed amendments to ensure respect for their rights to dignity and privacy and acknowledge them as rights-holders.

Recommendation 6: Recognize the privacy rights of victims in s. 25.1(1)

New s. 25.1(1) authorizes information-sharing arrangements to disclose information about offenders. Those files contain identifiable victim information whose privacy interests are distinct from offenders. Naming victims in the provision makes clear that their privacy and safety interests must be weighed when arrangements are made.

Proposed amendment to clause 190 of Bill C-16 amending the Corrections and Conditional Release Act

25.1 (1) The Service may enter into an arrangement with another component of the criminal justice system in order to disclose information about offenders or victims.

Recommendation 7: Protect victim information in digital systems (s. 25.5).

New s. 25.5 governs disclosure through a CVBR-administered digital interface but speaks only to information about offenders. As more information moves through online systems, victim information must be protected as carefully as offender records.

Proposed amendment to clause 190 of bill c-16 amending the Corrections and Conditional Release Act

Digital Interface—required disclosure

25.5 (1) If the Service is authorized to disclose information about offenders or victims under this Act or any other Act of Parliament and the Service intends to make the disclosure by providing access to a digital interface it administers, it must enter into an arrangement with the recipient of the information.

Conclusion

Bill C-16 and the JUST Committee amendments make substantial progress on victims' protection, information, and participation rights.

The recommendations in this focused submission address gaps that fall squarely within this Office's mandate: the architecture and enforceability of the CVBR, victim notification at bail, the calibration of alternative-measures protections, and the recognition and protection of victim information in federal corrections. Each is accompanied by proposed legislative text. They are targeted, and consistent within the Bill's scope and intent.

We respectfully ask the Committee to give them consideration so that Bill C-16 gives full effect to victims' rights under the Canadian Victims Bill of Rights and the Canadian Charter of Rights and Freedoms.

Footnotes

[1] OFOVC, Submission to the Standing Committee on Justice and Human Rights on Bill C-16 (April 22, 2026). This Office's full position on the Bill is set out in that brief. https://www.canada.ca/en/office-federal-ombudsperson-victims-crime/recommendations-recommandations/2026-27/20260422.html#toc12

[2] Bill S-265, An Act to enact the Federal Ombudsperson for Victims of Crime Act, to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime, 1st Sess, 44th Parl, 2023. https://www.parl.ca/legisinfo/en/bill/44-1/s-265

[3] Government of Canada. (2014, April 3). PM announces historic legislation to create a Canadian Victims Bill of Rights. Canada.ca.