Victims Bill of Rights


petros
#1
The Conservative government will introduce new legislation to toughen penalties for child sex offenders and create a “Victims Bill of Rights” to put more focus on victims of crime, Justice Minister Rob Nicholson says.

Mr. Nicholson laid out the next stage of his government’s anti-crime agenda at a press conference in Toronto Monday morning.

“The public loses faith in a system when they feel that the consequences of breaking the law are inadequate or that the punishment does not fit the crime,” he said. “Expect that if you break the law, you will be punished. Crime doesn’t and shouldn’t pay.”

The new legislation will build on a range of tough-on-crime measures introduced by the Conservative government in recent years, including the omnibus anti-crime bill that was passed last year. The bill, dubbed the Safe Streets and Communities Act , included new mandatory minimum penalties for sexual assaults where the victim is under 16 years of age and increased the minimum sentences for crimes including sexual interference and child pornography, among other changes.

The government will bring forward additional, “comprehensive” legislation targeting child sexual offenders and those who violate their conditions after their release, Mr. Nicholson said.

The federal government has frequently been criticized for pushing a tough-on-crime agenda at a time when the crime rate in Canada is at a historic low. Mr. Nicholson acknowledged on Monday that “some crime” has been in decline, but added that certain offences, including child sexual offences and impaired driving, are on the rise.

The rate of impaired driving has grown over the past five years, according to Statistics Canada, a reversal that comes after two decades of dramatic decline. Police also reported an increase in the number of sexual offences against children from 2010 to 2011, including an increase of 40 per cent in police-reported child pornography. However, Statistics Canada notes that fluctuations in the rate of child pornography likely reflect police programming and initiatives.

The government will also introduce a “Victims Bill of Rights” and new legislation dealing with individuals found not criminally responsible for a crime, Mr. Nicholson said.

The latter bill is expected to make it more difficult for those found not criminally responsible for a serious offence to be released from custody, particularly if they might pose a risk to the public.

“We are committed to standing up for victims of crime and that is what we will continue to do,” he said.

Ottawa - Glob and Fail.
 
taxslave
+2
#2  Top Rated Post
Ahh the dogooders are not going to like that. Don't you know criminals can not be held responsible for their actions.
 
petros
#3
With my alley being the "Kiddie Stroll", I'll be watching to see if these changes are enforced. The old laws weren't so I doubt these will be.
 
taxslave
#4
Quote: Originally Posted by petrosView Post

With my alley being the "Kiddie Stroll", I'll be watching to see if these changes are enforced. The old laws weren't so I doubt these will be.

Don't be expecting miracles.
 
petros
#5
Quote: Originally Posted by taxslaveView Post

Don't be expecting miracles.

I'm not expecting anything to change at all. Well maybe the HIV rate of Johns.

The HIV infection rate of street hookers in my hood is 50% and it's a strain unique to SK.
 
damngrumpy
#6
First of all we want the Justice System to be just that, not a revenge system. Am I a do
gooder, no not at all. I think those who are engaged in the practice of destroying kids
lives should pay heavily. But we should keep in mind the law is to provide justice not be
a visual punishment that is more about photo ops than a change in substantive law.
I also believe there has to be a victims bill of rights with that I agree. That must be of
course tempered with making every effort to define what the truth is in all cases. There
have been some where children and others have made accusations that turned out to be
false. If that happens will the victims bill of rights attempt to remedy the injustice done
to someone who is later found not guilty. If so the law is just if not this is a mere pandering
to the people with the safe streets act which is likely not worth the paper its written on.
Seriously, do you honestly believe this or any other modern society will ever have a safe
street where crime will not happen? Not even a mass state of Pollyanna could produce
that. I do agree that governments should make laws that protect children and others who
cannot protect themselves however they have to actually follow through and prosecute
according to the law, and at present for killers and child molesters there are all kinds of
laws, its just that they are not enforced to the letter of the law.
 
petros
+1
#7
If involved in an incident Victims Services here it he city is all over you, sending letters, offering counselling, arranging finacnial assistance etc.

The "victim impact statement" is already used to guage sentencing by judges and juries.

What if anything will this bring to the table that isn't already there under another moniker?

Nothing but more bloat for gloat.
 
Goober
#8
Quote: Originally Posted by petrosView Post

If involved in an incident Victims Services here it he city is all over you, sending letters, offering counselling, arranging finacnial assistance etc.

The "victim impact statement" is already used to guage sentencing by judges and juries.

What if anything will this bring to the table that isn't already there under another moniker?

Nothing but more bloat for gloat.

Correct me if I am in error but a victims impact statement has no basis in sentencing and no basis in law excepting they can be allowed by a judge.
Sentencing goes by case law, not impact statements.
 
petros
+1
#9
Quote: Originally Posted by GooberView Post

Correct me if I am in error but a victims impact statement has no basis in sentencing and no basis in law excepting they can be allowed by a judge.
Sentencing goes by case law, not impact statements.

An interesting read...

5.2 The Influence of Victim Impact Statements on the Sentencing Process: The Emerging Canadian Jurisprudence - Victim Participation in the Plea Negotiation Process in canada

If you believe judges and juries are cold hearted and unaffected by emotion, then I don't want to live in your world.
 
Goober
#10
Quote: Originally Posted by petrosView Post

An interesting read...

5.2 The Influence of Victim Impact Statements on the Sentencing Process: The Emerging Canadian Jurisprudence - Victim Participation in the Plea Negotiation Process in canada

If you believe judges and juries are cold hearted and unaffected by emotion, then I don't want to live in your world.

Breezed thru it and the law - rulings are still evolving. But a Judge stating in his sentencing that he has given full weight to the victims impact statement can then sentence as per case law.
 
SLM
+1
#11
Quote: Originally Posted by petrosView Post


If you believe judges and juries are cold hearted and unaffected by emotion, then I don't want to live in your world.

I know, like when the judge says "The jury will disregard that last comment". Pffft! As if!
 
wulfie68
+2
#12
Quote: Originally Posted by damngrumpyView Post

First of all we want the Justice System to be just that, not a revenge system. Am I a do gooder, no not at all. I think those who are engaged in the practice of destroying kids lives should pay heavily. But we should keep in mind the law is to provide justice not be a visual punishment that is more about photo ops than a change in substantive law. I also believe there has to be a victims bill of rights with that I agree. That must be of course tempered with making every effort to define what the truth is in all cases. There have been some where children and others have made accusations that turned out to be false. If that happens will the victims bill of rights attempt to remedy the injustice done to someone who is later found not guilty. If so the law is just if not this is a mere pandering to the people with the safe streets act which is likely not worth the paper its written on. Seriously, do you honestly believe this or any other modern society will ever have a safe street where crime will not happen? Not even a mass state of Pollyanna could produce that. I do agree that governments should make laws that protect children and others who cannot protect themselves however they have to actually follow through and prosecute according to the law, and at present for killers and child molesters there are all kinds of laws, its just that they are not enforced to the letter of the law.

Quote has been trimmed, See full post: View Post
The justice system has a greater obligation to protect victims (and the public) than to rehabilitate criminals. Thats not saying rehabilitation should not be part of the process, but in my eyes someone who violates the rights of others should not have all his/her rights automatically restored, especially in cases of sexual assaults, homicide and attempted murder.
 

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