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CAVEAT pre-election newspaper article Written by Priscilla de Villiers, president of CAVEAT, for The Hamilton Spectator and the Southam newspaper group, May 30, 1997 Crime Should be Everyone's IssueVoters should look for a consistent, holistic approach to preventing crime and a strong bill of rights for victims in the parties' platforms on crime and justice issues. by Priscilla de Villiers Anyone can become a victim of crime, anywhere, and at any time. The mission of CAVEAT (Canadians Against Violence Everywhere Advocating
its Termination) is to contribute to the creation and maintenance of a just,
peaceful and safe society through public education, changes to the justice
system, and ensuring the rights of victims. We are non-partisan. We believe that preserving life and the quality
of life for all Canadians should never become a political football, but
must be a major consideration for all thinking voters when electing government. Three and a half years ago, CAVEAT presented a petition signed by 2.5
million Canadians to the incoming Justice Minister, Allan Rock. The petition
set a climate for serious change in Canadian criminal justice, and since
then there has been unprecedented legislation enacted to address key issues.
The National Crime Prevention Council, originally proposed under the Conservative
government, has also been created. Much remains to be done, We, the voters, must look beyond the rhetoric
if we are to accomplish a coherent, integrated long-term approach to crime
prevention and the protection of the citizens of this country. The Canadian
public has become far more aware of justice and safety issues since we presented
the petition. CAVEAT's program spans the entire spectrum of crime prevention, from
primary prevention through justice reform to the rehabilitation of the victim.
It is of great concern to us that parties that are champions of victims'
rights espouse the full repeal of gun control. Comprehensive crime prevention
means taking a holistic approach, with a realistic and long-term balancing
of interests. All available preventive measures must be taken, because once
you have a victim, it is too late. From our point of view, the public health model is instructive: if crime
is a social disease, then clearly early detection, prevention, intervention,
and education are critical. The disease must be treated holistically. We are looking for a recogntion by government that innocent victims of
crime should be afforded every possible support and should play a defined
role in the system. We are listening for a clearly articulated, comprehensive
justice strategy. We decry political grandstanding and the unacceptable
exploitation of personal pain in order to attract media attention. In response to the concerns of victims' issues, there has been much discussion
about a federal victims' bill of rights. Most provinces have introduced
bills protecting the rights of victims, which fall largely under their jurisdiction.
These provide a detailed outline of the rights of victims to participate
and be kept informed at each stage of the justice process. For example,
nine provinces provide a right to be informed of available victims' services,
but only four provinces provide a right to be informed of the outcome of
the case and only one province provides a right to advice and representation
by counsel. Eight provinces clearly state that the enumerated rights do
not carry a remedy for enforcement; in other words, they are symbolic only
and guarantee nothing. When considering a federal victims' bill of rights, we are faced with
multi-jurisdictional complexities in administering any such legislation,
as some of the proposed bills of rights cover the spectrum from federal
through provincial to the local jurisdictions. The proposals are often deceptively
simple, but we are given no indication of how they would be enacted or funded. While the need to respect the dignity of victims is an important philosophical tenet, what we must demand are enforceable, concrete rights and services. Currently without real legal recourse, victims' rights are often disregarded.
Public officials must be accountable for violations of the rights of victims,
just as they are for violations of the rights of the accused. We need a clear definition of participation. We need to harmonize provincial
and federal laws. Federal jurisdiction over criminal law and procedure is
far more extensive than provincial jurisdiction; therefore it is imperative
that a federal government take the lead. As we count down to the election, the time has come to give serious consideration
to the proposed platforms of the parties. For the Liberal party, as the
incumbent government, we have listed what they have accomplished to date,
as well as what they propose to do. We encourage all Canadians to contact their local candidates and ask for background information about party platforms, including how they intend to live up to their promises. Our lives depend upon it. What Victims' Rights Involves
A federal election approaches and politicians of all stripes are trumpeting
their commitment to victims' rights. CAVEAT applauds this apparent increase
in awareness of the impact of crime on victims and the justice system. However,
we must ensure that this is not merely empty rhetoric. The quest for victims' rights is too often portrayed as desire for revenge.
This gross over-simplification further marginalizes and injures victims
of crime and polarizes the debate. The man who killed my daughter in 1991
committed suicide. I am not motivated by a desire for revenge but by a desire
for change. I want to correct the failings of the system which contributed
to my daughter's death and to help prevent the victimization of others.
I want more than crocodile tears and sympathy. I want action. Victims of violence, by their very presence in the community, provoke
great discomfort, undermining the public's complacency. Many wish that we
would silently fade away and not serve as grim reminders of the public's
own vulnerability. Conversely, there are those who would exploit our tragedies and expropriate
our experiences for their own political or editorial ends. The media treats
us like the flavour of the month, briefly wallowing in lurid details and
then abruptly abandoning us. While offenders are accorded superstar status, victims' names are soon
forgotten. Disinterest in victims and the preoccupation with offenders in
the media and the justice system undermines society's avowed commitment
to safety and security. Community safety requires more participation by citizens, but this participation
depends on the public's willingness to report crime or pursue charges. This
is turn is directly related to the way in which victims are treated by the
justice system. The credibility of the justice system depends on the way in which victims are treated and the system's sensitivity to their experience. Currently, victims are often revictimized by the justice system itself. While inordinate attention is paid to the rights of the offender, the victims are marginalized. With the murder of my daughter, I suddenly became a victim with no voice,
no face, no standing and no representation. I received no legal assistance
nor advice to help me understand the process at a time when I was barely
functioning. There is little recognition of the financial toll of violent
crime, both on the victim and the community. Victims are not demanding the right to be judge and jury. They are, however,
demanding the right to be heard and to be valued in the process. Justice
is not just an interaction between the state and the offender. It must actively
involve victims as representative of the community. We need a complete review
of the role of the victims in our justice system. We need structural changes
at all levels. Contrary to public perception, most victims do not act out of a narrowly-defined
self-interest. Research has shown that the sentence of the offender is less
important to most victims than their experience with the judicial process
itself. Concern for victims is not merely about validating and responding to the pain of individuals. Violent crime victimizes entire communities by undermining their sense of security. Fear of crime is based on the perception of one's chances of victimization and this is why random violence, though statistically infrequent, generates huge public outcry. Loss of confidence in the justice system's ability to deal swiftly and certainly with violent crime further undermines the community's feelings of security and safety and places the very social order at risk. Appropriate sentencing is essential to public confidence in the justice
system. Justice must be seen to be done. The moral force of the law is entirely
dependent on the justice system having credibility in the eyes of the public. Respect for victims rights is not about words, it is about action. It
is not about making victims judge and jury. It is about taking action to
prevent crime, to restore confidence in the justice system. It is about
respecting the rights of victims to have a voice in the process. It is about
protecting community safety. It has often been said that the measure of a democracy is how it treats
its prisoners; surely another measure is how it treats its victims. Priscilla de Villiers is president of CAVEAT (Canadains Against Violence Everywhere Advocating its Termination), headquartered in Burlington, Ontario.
Party PlatformsInformation provided is not an endorsement of any political party and is compiled from official campaign literature. Liberal information includes their record. Key: (*) means steps taken (format of chart has been slightly modified from the printed version for posting to this web site; content remains the same)
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