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For the first time ever in the history of Canadian law, victims are initiating an action against the government for mistreatment. In this unique case, Linda Marie Even and Karen Lee Vanscoy are asking the court to invalidate section 2.5 of the Ontario Victims' Bill of Rights which prevents victims of crime from initiating lawsuits against the government. In 1996, Ms. Even was the victim of a vicious attack by her former common-law partner who stabbed her 18 times with a pair of a scissors. He was charged with attempted murder, plea bargained to aggravated assault and sentenced to five years. Ms. Vanscoy's fourteen-year-old daughter Jasmine was shot in the head and killed by a 17-year-old acquaintance. He was charged with second degree murder, which was plead down to manslaughter; he was tried as a young offender and sentenced to two years. Both Even and Vanscoy claim they were not kept informed of the developments in each case. The Ontario Bill of Rights is an acknowledgment that victims should have certain rights but it does not guarantee these rights. The act does not compel the government to see that measures are taken that will give effect to these principles. Furthermore, there is no legal recourse if the principles are violated. Rights, unenforceable by law are hollow, empty rhetoric. For three hundred years there has been a principle of common law that there will be no rights without remedies and yet currently virtually all the provinces of Canada, with the exception of Manitoba and British Columbia, have failed to provide any form of remedy for the statutory rights of victims. Victims are not asking to sue, we are asking to be given a remedy and in the absence of that remedy, we are forced to ask that section 2.5 be struck down. We must have a conventional, civil remedy which will lead to accountability so that the victims' bill of rights is not just a symbolic commitment but provides meaningful protection. For information, contact: Alan Young at 416-736-5595, or CAVEAT at 905-632-1733. |
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