Chapter 7 Victimology, Victim Services, and Victim Rights in Canada PDF

Chapter 7 Victimology, Victim Services, and Victim Rights in Canada by Irvin Waller University of Otta...

Chapter 7 Victimology, Victim Services, and Victim Rights in Canada by Irvin Waller University of Ottawa Slides prepared by Stephen Schneider Saint Mary’s University Copyright © 2020 by Top Hat 7-1 Learning Objectives Discuss the risk of being a victim of crime and comprehend the key components of the harm suffered by victims of crime. Outline the way in which the traditional CJS in Canada limits the role of the victim to complainant and witness Identify the key laws and international standards that provide the vision for the shift from the traditional CJS to one that embraces the needs and rights of victims. Propose specific and basic ways for police to meet the needs of victims, including victims of gender-related crimes and violence against children. Copyright © 2020 by Top Hat 7-2 Learning Objectives (cont.) Specify the ways in which restitution from the offender, civil remedies, restorative justice, and state compensation will repair damage to victims. Debate ways for victims of crime to have their basic human rights respected in criminal courts. Understand the key components of system-wide strategies for stopping violence and repeat victimization. Justify actions that reduce victimization by preventing crime and providing services and rights for victims of crime. Copyright © 2020 by Top Hat 7-3 Introduction 1.The prevalence, impact, and needs of This chapter is victims, 2.The origins of organized victimology and around four international key areas of standards, 3.Policing, victim modern services, and victimology: compensation, courts, and restitution, and 4.How to rebalance the justice system to respect victims’ human rights. Copyright © 2020 by Top Hat 7-4 Prevalence, Impact, and Needs of Victims Copyright © 2020 by Top Hat 7-5 Prevalence, Impact, and Needs of Victims Flaws in police crime Canada only statistics have led sporadically conducts criminologists to victimization surveys collect information (every 5 years) from victimization through the General surveys. Social Survey. This information does not receive sufficient attention from criminologists, media, or politicians. Copyright © 2020 by Top Hat 7-6 Prevalence, Impact and Needs of Victims General Social Survey results 25% of Canadians are victimized by theft or assault annually. The overall rate has not changed in past 20 years. Adult victims are more likely to be young (15–24), male, and Indigenous. Repeat victimization: 40% of victims reported more than one victimization in the past year. Victimization concentrated in certain areas, families, and individuals. Copyright © 2020 by Top Hat 7-7 Prevalence, Impact, and Needs of Victims Box 7.1: A Snapshot of Victims in Canada Interpersonal crime will cause victims in Canada $1.5 billion in costs and pain and suffering. Less than: 33% of victims call police to report the crime; this is even lower for sexual assault victims 3% of victims will see “their” offender convicted Correctional services cost $180 million, yet expenditures on victim services and rights is only $10 million. Police are unlikely to inform victims of available services. Most eligible victims will not know of or receive restitution or compensation. Victim impact statements do not impact sentences. Victims do not have remedies for their rights except for the Federal Ombudsman in relation to Corrections. Copyright © 2020 by Top Hat 7-8 Figure 7.1: Rates of Victimization in Canada (1988, 1994, 1999, 2004, 2009, and 2014) Copyright © 2020 by Top Hat 7-9 Impact of Victimization Financial loss, physical injuries, emotional pain and trauma of crime victims are well documented. Harms to victims extends to family, friends, etc. $83 billion in 2008:  $14 billion in tangible Costs for victims (2011 costs Justice Canada report):  $65 billion in pain and suffering Copyright © 2020 by Top Hat 7-10 Table 7.1: Estimates of Costs of Crime for Victims, 2008 Copyright © 2020 by Top Hat 7-11 Needs of Crime Victims Eight core needs of victims of crime: 1. Right to recognition that they have been harmed 2. Right to information: about reparation, services available, CJS processes 3. Right to assistance: access to victim services 4. Right to reparation: financial recovery, including restitution from the offender and compensation from the state Copyright © 2020 by Top Hat 7-12 Needs of Crime Victims 5. Right to be protected from the accused 6. Right to participation and representation in the criminal justice process 7. Right to effective public policies to reduce victimization 8. Right to implementation: there must be a remedy if these rights are not adequately implemented. Copyright © 2020 by Top Hat 7-13 The Origins of Victimology and International Standards Copyright © 2020 by Top Hat 7-14 Origins of Victimology and International Standards 1960s: Pioneering efforts centred on concern for victims, who were largely forgotten. Advocacy groups (victims of crime demanded policy changes in police and government) The first organizations formed by crime victims—particularly by the parents of murdered children—began to demand reforms to police practices, court procedures, and parole decision making Rape crisis centres and refuges for battered wives Victim/witness assistance programs (to encourage victims to come forward to police) Some started victim-witness assistance programs to support the traditional system of criminal justice by attempting to increase the proportion of crime victims going to police and cooperating with prosecutors. Victim offender mediation/restorative justice programs Some promoted victim–offender mediation and restorative justice programs in an effort to make the traditional system less harsh on offenders. Victimization surveys Some undertook the first victimization surveys to develop better data on the extent of crime. Copyright © 2020 by Top Hat 7-15  Origins of Victimology and International Standards International movement for victim’s rights 1979: World Society of Victimology formed (to allow all the various researchers, policy-makers, and service providers to pursue their common interests and to exchange their knowledge and experiences) Magna Carta for Victims 1985: UN adopted landmark resolution in which signatory nations agreed to Implement basic principle of justice for victims of crime and abuse of power, and Prevent victimization through comprehensive measures which include attacking social causes and fostering individual responsibility. The goal is to shift justice systems from an offender focus to one that incorporates the needs of victims. Copyright © 2020 by Top Hat 7-16  Origins of Victim Rights Policies in Canada 1967: Saskatchewan provided compensation to victims of violent crime. 1970s: The first monographs on crime (burglary) victims were published. 1981: A major international conference on assistance to victims of crime was held in Toronto. 1983: A federal–provincial task force provided recommendations on justice for victims. This task force was criticized for neglecting victim trauma and participation in the CJS. Copyright © 2020 by Top Hat 7-17 Origins of Victim Rights Policies in Canada 1983 federal/provincial task force recommendations: 6. Provide victim 1. Gather impact statements survey data on to assist with numbers of restitution, and victims hold trials within a reasonable time 5. Protect 2. Provide victims from information for intimidation victims 4. Provide restitution, 3. Provide compensation, services for and property victims return Copyright © 2020 by Top Hat 7-18 Tensions between Traditional and Human Rights for Victims Two issues have impeded basic human Resistance rightstofor change Gap between crime victims social in Canada: within the traditional CJS science researchers Legal bureaucracy is and CJS committed to the status Legal training has not quo. kept up with social science research. In Canada, there is also a lack of transparency in the development of policies. Copyright © 2020 by Top Hat 7-19 Tensions between Traditional and Human Rights for Victims 1986: Manitoba provides services and some limited rights for victims of crime and uses a victim fine surcharge to fund some victim services. 1988: Federal and provincial governments agree to a statement of principles to “Canadianize” the UN resolution. The principles are weaker than the UN document. The statement does not create a centre of responsibility to implement them. The government made promises but did not provide a way for victims to ensure that promises would be kept. Copyright © 2020 by Top Hat 7-20 Tensions between Traditional and Human Rights for Victims 2003: The provinces, territories, and federal government revise the principles on victims’ rights. They still did not include effective ways to implement them. Some modifications were to protect the privacy of victims, enable restitution orders in court, and allow victim impact statements. 2007: The Ontario Provincial Ombudsman inquiry is critical of compensation for victims of violent crime. Provincial government follows up with recommendations to improve victims’ services. such as getting police to provide victims with information about victim services, using surveys of victims to measure gaps in the delivery of services, 2010: Justice Canada launches awareness campaign called Victims Matter. It included a tool for identifying services for victims by postal code. Copyright © 2020 by Top Hat 7-21  The Federal Ombudsman for Victims and the Bill of Rights for Victims 2007: The federal government establishes the Federal Ombudsman for Victims of Crime. 2015: The Victims Bill of Rights Act creates statutory rights at the federal level: Right to information Right to restitution Right to protection Right to participation Right to complain Copyright © 20120by Top Hat 7-22 The Federal Ombudsman for Victims and the Bill of Rights for Victims The Bill of Rights for Victims has been positively received, but there are criticisms: It does not state what police must do to provide information to victims. In terms of restitution, it does not require the offender to provide the court with information about his or her ability to pay restitution, nor does it require parole boards to consider whether the offender has paid restitution. The onus is on the victim to bring a civil action, which can be complex. It does not specify how victims will be protected from future victimization. The right to participation provides for limited input from the victim. Copyright © 2020 by Top Hat 7-23 Policing, Victim Services, Reparation, Courts, and Prevention Copyright © 2020 by Top Hat 7-24 Victim Services and the Police In Canada, the proportion of victims who report to the police has been dropping in recent years. More and more victims in Canada no longer go to the police. And even when they do, most do not get information on services, assistance, and support. Even when the police start an investigation, few victims will obtain reparation, protection, or go on to a criminal court, let alone get what they consider justice. The most frequent reasons for not reporting included that the crime did not seem important enough, that the police could not do anything about it, that the crime would be dealt with in another way, that the incident was a personal matter, or that they did not want the police involved. This decline has not occurred in the United States or England. Hypothesis: fewer victims report because services and compensation are not available or well known in Canada. The United Kingdom, United States, and Quebec (which have maintained their reporting rates) all have more consistent services and larger compensation payments than the rest of Canada. Most women who are victims of sexual assault do not report their victimization to the police. Copyright © 2020 by Top Hat 7-25 Victim Services and the Police Police forces in Canada have not focused on victim services in any significant way. There is the lack of protocols on how police should respect victims’ rights and respond to their needs. Crime victim services units have been set up, but there is great variability and no systematic data on how many are serviced and how effectively. Police have failed to improve how they respond to female victims of sexual assault. Copyright © 2020 by Top Hat 7-26 Victim Services and the Police IACP and the US Office for Victims of Crime developed a 21st Century Strategy to enhance police response to victims. 1. Safety: protection from perpetrators and assistance in avoiding re-victimization 2. Support: assistance to enable participation in the CJS processes and repair of harm 3. Information: Concise and useful information about victims’ rights, CJS processes, and available victim services Copyright © 2020 by Top Hat 7-27 Victim Services and the Police 21st Century strategy (cont.) 4. Access: ability to participate in the justice system and have access to support services 5. Continuity: consistency in approaches and methods across agencies through all stages of the criminal justice process 6. Voice: opportunities to speak out and be heard on case processing issues and larger policy questions 7. Justice: receiving the support necessary to heal and seeing that perpetrators are held accountable The IACP strategy encourages police leaders to enforce implementation by all police officers and to ensure police support for victim assistance agencies outside the police service. The proposals call for simple, non- time-consuming services that responding police officers can provide to victims Copyright © 2020 by Top Hat 7-28 Victim Services and the Police Waller (2010, 75–76) proposes four steps for Canadian police to reach international standards: 1) Improve the proportion of victims reporting to police and assess progress by holding officers accountable for providing information in a timely manner to victims. 2) Develop and follow protocols to better meet the needs of victims who are women, children, Indigenous, or disabled. 3) Develop a timetable to implement the IACP strategy package to make victims a primary concern of law enforcement. 4) Ensure surveys of victims who report to the police to monitor the extent to which their core needs for information, referral to services, and protection are being met. Copyright © 2020 by Top Hat 7-29 Services for Victims of Crime Health services for physical injuries, disease, or pregnancy incurred as a result of crime are provided to all victims in Canada Crime victims also need emotional and psychological support following their victimization. Post-traumatic stress disorder (PTSD) is universally recognized as an issue related to victimization. However, it is not clear how adequate PTSD services are and how they are paid for. Victim assistance services are expanding in Canada. However, the degree to which victims are aware of these services, the adequacy of these services, or what proportion of victims access them is unknown. Copyright © 2020 by Top Hat 7-30 Services for Victims of Crime Statistic 40% in police agencies, s 23% in the community, 8% Canada in the courts, 17% sexual survey assault crisis centres identifie They comprise more than d 884 3,000 paid employees and victim volunteers. service 400,000 victims are served provider annually, but this s in represents only 10% of Canada victims. Copyright © 2020 by Top Hat 7-31 Services for Victims of Crime Model programs London, Ontario (domestic violence) Police–social worker teams respond to family violence. The police control the situation; the social worker helps the family resolve its problems. The city pioneered a battered wife advocacy clinic, innovations in its court system, and initiatives to prevent violence against women. Copyright © 2020 by Top Hat 7-32 Services for Victims of Crime Model programs (cont.) Burlington, ON (Nina’s Place) This program provides health care, police services, and agency referrals for sex assault, and domestic violence victims. Support is available 24/7, whether the survivor has involved the police or not Services include physical examination, treatment of injuries, collection and recording of evidence, counselling, pregnancy testing, risk assessment and safety planning, follow-up medical care, and referral to community agencies. Copyright © 2020 by Top Hat 7-33 Video Services for Victims of Crime Waller (2010, 95–96) proposes the following measures to bring Canada up to international standards: 1. Increase funding and pay professional salaries for the full range of victim support services. 2. Develop and implement professional standards for support services along the lines of those in the UK. 3. Ensure that professional care for mental health trauma is available at no cost to the victim. 4. Teach citizens, through schools and universities, to provide emotional support to victims of crime. 5. Conduct surveys to measure the gaps between the core needs of victims and the services provided to them Copyright © 2020 by Top Hat 7-35  Restitution from the Offender, Compensation from the State, and Civil Remedies Crime often involves direct financial loss, costs of services, and loss of quality of life. Victims have several potential ways to obtain reparation to recover these losses: 1. An order of restitution against the offender made in a criminal court 2. A civil suit brought against the offender 3. A civil suit brought against a third party whose negligence may have contributed to the crime 4. Restorative justice 5. A payment made by a state/provincial compensation board Copyright © 2020 by Top Hat 7-36  Human Rights for Victims in Criminal Courts In Canada, the victim’s role is limited to providing evidence and a victim impact statement. In other jurisdictions, there is more scope for victim representation and participation. In France, victims have legal standing in the courtroom and can have lawyers. This allows victims to defend their interests. They can voice concerns for their personal safety. They can force a more thorough investigation. This can result in criminal court-tied restitution. Copyright © 2020 by Top Hat 7-37  Stopping Violence Against Victims and Repeat Victimization Preventing crime is best way to reduce victimization and resulting harms and costs. Programs address criminogenic risk factors of children and youth at risk of future criminal offending. Other successful crime prevention models focus on reducing the risk to potential victims (for example, car theft or burglary reduction programs). There needs to be a shift in resources to pre-emptive strategies that address the causes of criminality and reduce opportunities for crime to take place. Copyright © 2020 by Top Hat 7-38  Systemic Ways to Shift, Reinvest, and Rebalance Justice for Crime Victims Copyright © 2020 by Top Hat 7-39 Systemic Ways to Shift, Reinvest, and Rebalance Justice for Crime Victims 1. Model legislation Support (recognition, information, and assistance) Justice (reparation, protection, participation, representation) Good government (policies to reduce victimization and on implementation) 2. An independently funded institute need to create a permanently funded institute. Such an institute would require contributions from legal professionals, social researchers, and victim’s rights agencies but would need to be independent of them all University-based with permanent funding Independence from legal professionals, researchers, advocacy agencies Would be a hub for research, education, and observation of policy Copyright © 2020 by Top Hat 7-40  Systemic Ways to Shift, Reinvest, and Rebalance Justice for Crime Victims 3. Social Science Evaluations Initiatives to help victims and ensure their rights (including legislation) are systematically monitored and evaluated 4. Amendment to the Charter of Rights and Freedoms Charter currently does not include any victims’ rights. Crime victims need their rights to safety, reparation, and justice to be recognized and enshrined. Copyright © 2020 by Top Hat 7-41 Systemic Ways to Shift, Reinvest, and Rebalance Justice for Crime Victims The Canadian Resource Centre for Victims of Crime and the International Organization for Victim Assistance recommend the following: 1. A national action plan, including standards applied to policing, services, restitution, compensation, prosecution 2. A provincial victim advocate, to provide better data and an institute to focus on research and development 3. Provincial and municipal prevention strategies to effectively reduce crime and promote community safety 4. Permanent funding to be used for prevention, victim services, and rights 5. An amendment to the Charter of Rights and Freedoms Copyright © 2020 by Top Hat 7-42 Discussion  Summary 25% of adult Canadians are victims of crime every year. Estimated cumulative harm to victims in 2008: $80 billion At the UN General Assembly in 1985, Canada resolved to invest in crime prevention and guaranteeing victims’ rights, but it has not implemented these promises. Canadians paid more than $22 billion in 2016 for a CJS that still limits the role of the victim to complainant and witness. Few of these funds have been invested in preventing victimization, assisting victims, and protecting victims’ rights. Copyright © 2020 by Top Hat 7-44  Summary The IACP has developed strategic ways to enhance the police response to victims of crime. However, its Canadian members have done little to implement these proven strategies. Personnel in victim assistance services, sexual assault crisis centres, and shelters for battered women are not paid salaries that are competitive with wages in the CJS. They must also apply for funding every year. Copyright © 2020 by Top Hat 7-45  Summary Compensation to victims for criminal injuries varies from province to province, and, in most cases, is inadequate. Restitution and restorative justice are popular discussion points for criminologists. However, they have been losing ground in application in Canada since pioneering efforts in the 1970s and 1980s. Copyright © 2020 by Top Hat 7-46  Summary Criminal courts appear to ignore or find ways to overlook sections in the Criminal Code designed to protect victims. These include the sections dealing with the victim fine surcharge, restitution, and victim impact statements. Canada is at the cutting edge of programs to stop victimization. However, it lacks any overall action plan and funding to shift from overreliance on the traditional criminal justice system. Ways to rebalance the system to meet needs and rights for victims of crime have not yet been applied in Canada. These include social science surveys, a research and training institute, national standards, and much more. Copyright © 2020 by Top Hat 7-47