CAVEAT

STOPWATCH Vol. 5, No. 3

June 1997

Representing victims internationally

CAVEAT President
at The Hague

Priscilla de Villiers took part in an international conference on victims held in The Hague, The Netherlands, in March, 1997. The Expert Group Meeting was organized by the Ministry of Justice of The Netherlands, with the support of the Crime Prevention and Criminal Justice Division of the United Nations. Mrs. de Villiers took part in the three-day meeting as a representative of Canada's National Crime Prevention Council which funded her trip.

In her capacity as a victim, Priscilla de Villiers brought with her a wealth of personal experience, and, as a founder and president of CAVEAT, she was able to represent the many victims who are seeking a voice on the national and international scene.

United Nations principles of justice

The purpose of the meeting was to discuss ways to foster the implementation of the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, passed by the UN General Assembly in 1985.

The passing of this Declaration reflects the desire of the international community to restore the balance between the fundamental rights of suspects and offenders, and the rights and interests of victims.

The Declaration is based on the philosophy that victims should be treated with compassion and respect for their dignity and that they are entitled to access the mechanisms of justice and to prompt redress for the harm that they have suffered.

The adoption of this Declaration, however, does not guarantee actual improvements in practice. There is probably no jurisdiction where the treatment of victims is fully in accordance with the Declaration. Governments must be urged to implement those principles on the international, regional, national and local levels.

Victim-care policies needed

It was decided that government officials, who are responsible for the implementation of victim-care services, need guidance in developing policies to achieve an acceptable level of victim care in their own countries.

Participants of previous meetings had begun to address this need by formulating a draft manual that would provide the reader with an overview of what can be done to improve victim care in their own country. Participants at The Hague meeting gathered to build on this work.

CAVEAT is pleased to be a part of the very important process of encouraging the global recognition of victims' rights.

International Symposium on Victimology, Amsterdam

Priscilla de Villiers has been invited to the 9th International Symposium on Victimology this August. It is being organized under the auspices of the World Society of Victimology (WSV). The WSV symposia have been on the cutting edge of both practical and theoretical research and analysis of criminological and victimological topics. This year's symposium will again bring together government, academic, civil, and private sector practitioners and researchers from around the world. The principal theme is "Caring for Victims: roles of the community and the professions."

Dating Violence
Focus of Youth Forum

by Ginette Marcoux-Frigon

If we ever hope to make a difference on the issue of dating violence, we must educate and empower our youth to recognize and deal with violence.

On May 9, 1997, students, workers and human service professionals worked together to examine the issues that surround dating violence during a forum held in Jasper, Alberta.

The target audience for this one-day Youth Challenge was high school students (Grade 10-12) and young seasonal workers who work in Jasper's tourism and hospitality industry. Community agencies have documented dating violence as a serious issue among the young seasonal worker population, which reaches up to 5,000 annually.

The keynote speaker, Sandy Atkin, shared her powerful story about the effects of a controlling and abusive relationship on her life.

Delegates proceeded to workshops on dating violence, relationships and conflict management and substance abuse where they developed community initiatives to address the issues.

The forum wrapped up with a brainstorming session on implementing school and community initiatives against date violence. CAVEAT Alberta Chair Colette Mandin-Kossowan closed the event with a brief presentation about CAVEAT.

Much of the vision of this forum was guided by the on-going work of CAVEAT and the community input from key community organizers, including RCMP Cst. Mike Wallsmith, Joanie Veitch from the Peer Education project and Ginette Marcoux-Frigon, a member of CAVEAT Alberta in Jasper.

The forum was made possible by a grant from the RCMP's national Strategy on Community Safety and Crime Prevention.

CAVEAT Alberta would like to give a special thank you to the RCMP for its generous support and to Ginette Marcoux-Frigon whose organizational talents and hard work made this forum a success.

CAVEAT Seeks Holistic
Approach to Crime Prevention

The following article was written for The Hamilton Spectator prior to the June 2nd federal election.

Anyone can become a victim of crime, anywhere, and at any time.

CAVEAT's mission 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, the Honourable Allan Rock. The petition set a climate for serious change in Canadian criminal justice, and since then several key issues have been addressed through new legislation. The National Crime Prevention Council, originally proposed under the Conservative government, has also been created.

Canadians far more aware

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. 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 recognition 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.

Protecting victims' rights

In response to the concerns about 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.

Federal government must take the lead

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.

Community Remembers Victims

Members of the community of Bear River, Nova Scotia were kind enough to send in photos of their annual December 6th ceremony in remembrance of victims of violent crime across Canada.

For the past two years the community has gathered to float candles down the Bear River--each candle bearing the name of a victim. Many people also wear ribbons year-round as a reminder that violence is an everyday occurrence.

Election Derails Bills

The June federal election effectively put an end to two important pieces of legislation introduced by the government earlier this year: the DNA Data Bank Bill as well as a bill that would have given Canada Customs officers the power to arrest people for criminal offences.

Any legislation that has not been passed by the time parliament is dissolved and an election is called dies on the table. Of course, a government can, if re-elected, re-introduce the bills again in the next session of parliament.

The DNA Identification Act was introduced to help police identify repeat violent and sex offenders. Under the legislation, offenders convicted of serious violent or sexual crimes would be required to provide samples of "bodily substances" (blood, hair or saliva). The resulting DNA profiles would be stored in an indexed computerized data bank. A second index would contain DNA information obtained from scenes of crimes not yet solved. The government believes such a system would enable the police to clear up many unsolved crimes as they would be able to identify and arrest repeat offenders by comparing DNA information from the crime scene to the convicted offender index.

Police officers have been fighting for such a data bank for years. However, the Canadian Police Association has many reservations about the Bill (see Flawed DNA Databank Bill, page 8) and will be voicing their concerns if and when the Bill is re-introduced this fall.

Legislation that would have increased the powers of customs officers also was derailed by the federal election. Introduced in March, the new provisions would have given officers at border crossings the power to detain and arrest suspected child abductors, drunk drivers and other offenders attempting to enter Canada. At present, officers can only make arrests for Custom Act offences dealing with illegal drugs, guns, tobacco, and liquor.

Private Bills Victims
of Early Election Call

Several private bills were killed by the election call, including MP Tom Wappel's bill that would have prevented criminals from profiting from selling, authorizing, or authoring the story of a crime. Any money made would be deemed "proceeds of crime", subject to seizure by the crown. Mr. Wappel's bill would not have prohibited criminals from telling their story, but would prohibit them from profiting from telling their stories. The Bill died when parliament was dissolved.

Also gone are MP Val Meredith's high risk offender bill and MP Janko Peric's bill to amend the Immigration Act to make it easier to deport criminals.

Do you know a young person
working to make a difference?

Here is an opportunity to recognize that deserving person, or persons, through the 5th annual CAVEAT Youth Awards. Each year CAVEAT recognizes youth who have demonstrated a dedication to the prevention and elimination of violence.

Nominations for the awards may be made from anywhere in Canada. Nominees must be 10-19 years of age, and will have worked toward the prevention of violence through an individual act and/or through involvement in a program or project aimed at helping to stop violence in their community.

Here's what to do

• Contact the CAVEAT office nearest you for a nomination form (see back page of this newsletter for a listing of CAVEAT offices);
• Include reasons why you feel this individual(s) is deserving (2 pages maximum);
• Please ensure that the nominee has been notified;
• Mail or fax nominations to the nearest CAVEAT office.

Awards will be presented this fall

It's probable that the fine work many of our youth are doing toward the prevention and elimination of violence is not recognized or acknowledged frequently enough. Here's our chance to tell them that we appreciate their efforts. Send your nomination today!

Public Confidence in
Legal Systems Must be Maintained

The following are excerpts from a speech made by The Honourable Lois Moorcroft, Minister of Justice, Government of Yukon, at the Ministers of Justice Meeting, February 27-28, 1997.

Dear Colleagues:

I want to address "Violence against Women" as an issue that is coming up in hundreds of cases in Canadian courts every day. It is an issue that affects all of us in our efforts to administer justice within our jurisdictions.

Facts: violence against women

In a recent survey by Statistics Canada done in 1993, which focuses on violence against women, these horrifying facts emerged:

• One half of all Canadian women have experienced at least one incident of violence since the age of 16;
• One quarter of all women have experienced violence at the hands of a current or past marital partner (including common-law unions);
• One woman in every six currently married women reported physical or sexual violation by their spouses; one half of women reported violence by a previous spouse;
• More than one in every ten women who reported violence at the hands of a current husband felt that at some point their lives were in danger.

The trend continues and women continue to be killed. According to a CCIS report on Homicide in Canada - 1995:

• In 1995, six out of ten spousal homicides involved a history of domestic violence known to the police;
• Women were the victims in 77% of spousal homicides in 1995;
• From 1985 to 1994, there was an average of 110 victims killed by a spouse each year, with women representing three quarters of these victims.

As I read the public mood there is increasing concern that the sentences applied when a husband kills his wife are not strong enough. Leniency of sentencing for spousal homicides is no longer being tolerated. Two or three years or even five years for manslaughter in such incidents is just not acceptable to the public.

There is a public perception that the criminal justice system often excuses men who intentionally kill their spouses on the basis that the homicide was committed in a fit of anger. Many people are concerned that the defence of provocation is accepted by the Courts in such a way as to trivialize violence against women. They feel the sentences imposed reflect this trivialization.

I respectfully suggest that in a democracy, we as public officials need to pay heed to the concerns of the people, properly expressed. I recognize that we must be mindful that hue and cry does not dictate what reason and law require. We have a duty to ensure--to the extent that we reasonably can--that public confidence in legal systems is maintained. While the mood of the public cannot rule, we need to be careful we are not so anxious to demonstrate that we will not be swayed by public passion, that we ignore public opinion.

What I am hearing are not demands for extraordinary penalties, but for a measure of proportion in the offence of manslaughter which, after all, does carry a life sentence as a maximum sanction. There are cases of manslaughter that are close to accidental; there are those which are close to murder. In the latter, the sentences should approximate that for murder....

I suggest we ask our officials to recommend specific legislative and policy changes to deal with this issue.

Reviewing our laws

The suggestions I want to table for possible action include:

• review the provisions of the Criminal Code relating to homicide committed in the "heat of passion." These are archaic words more commonly associated with a sexual context, which do not convey the expectation that everyone in society will behave and react reasonably. Much can be done in this area if we agree to take action.
• in cases where a man has killed his partner, there ought to be some guidance in the Criminal Code, or at least model jury instructions, where a judge is required to instruct the jury on gender bias, and on how they might consider it in their deliberations.
• where a man has been previously convicted of stalking, assault, threatening, or any other aggressive act against his partner, such as damaging her property, or breaks a peace bond which has been taken out against him, the Criminal Code should be amended to provide that such a conviction be admissible in evidence in a prosecution for murder or manslaughter.

These are really modest proposals which I think do not violate notions of due process or presumptions of innocence. It may be, after due consideration, that it is appropriate to strictly limit or eliminate the use of the defence of provocation altogether in prosecutions for murder or manslaughter where a person has killed a partner....

Solving the broader issues associated with violence in our own communities begins with each one of us having a shared vision of a safe and equitable society. The way in which our laws define that vision is of paramount importance, and it is my view that our laws can do the job much better than they have done.

CAVEAT Comment:

Canadians were shocked by the use of provocation-type evidence in the Yukon trial of Ralph Klassen for the murder of his wife Susan. He was convicted of manslaughter and sentenced to five years. For more details on the Klassen case, see the last issue of STOPWATCH.

Date-Rape Drug in Circulation

What is it?

• brand name of the drug is Rohypnol.
• banned in Canada and the U.S.
• often called roofies, rape, la roche, rib, R-2, or rope
• 10x more potent than Valium

What does it look like?

• small, flesh-coloured pill
• it has been reported to be circulating as a liquid
• difficult to recognize as it is tasteless and odourless

Signs and symptoms of Use:

• creates extreme sedation, amnesia, muscle relaxation, slowing of reflexes, slurred speech, bloodshot eyes
• mimics drunkenness
• it has also been reported to cause hallucination, insomnia, and extreme disorientation
• it reacts violently with alcohol, augmenting the effects, and potentially leading to respiratory depression, aspiration and death

Symptoms upon withdrawal include:

• headache
• muscle pain and/or numbness
• extreme anxiety and restlessness
• tingling of extremities
• hallucinations and delirium
• convulsions
• shock

What to do if you suspect you've been drugged:

• see your doctor immediately
• you must have a blood test within 12 to 24 hours for the drug to be detected

Prevention:

• if you go out drinking, go with people you know and trust
• don't leave your drink unattended
• don't accept drinks from anyone unless you see the bartender serve it
• if you feel you have potentially been drugged, tell someone!

Availability:

• growing in popularity due to cheap manufacturing ($2 - $5 per vial)
• already seen in Ottawa, and Montreal, although some news reports claim that it isn't yet in Canada

Letters to the Editor

Improving information sharing

In the February issue of STOPWATCH, CAVEAT wrote an article on the Auditor General's review of the National Parole Board. The Auditor General had concluded in a report that public safety is jeopardized by the Parole Board's making release decisions based on incomplete information. It appears that corrections officials are often unable to obtain police reports, judges' reasons for sentencing and Crown briefs. Ole Ingstrup of the Correctional Service of Canada responded to CAVEAT with the following letter:

Thank you very much for forwarding me your February STOPWATCH newsletter. The articles are very
interesting.

With regard to the article, "Auditor General Critical of Parole Process", I have recently accepted to be part of a Steering Committee on Integrated Justice Information Systems. The overall objective of the Committee is to promote improved co-operation among federal systems which support the management and sharing of justice information. To support the sharing of information, a Working Group is to be organized. The creation of this group would confirm and support existing communication among CSC and the various other project teams.

Furthermore, an agreement between the federal and the Ontario provincial government was signed to facilitate the sharing of information. This agreement will not only improve co-operation, but it will help enhance public safety by having pertinent information on hand for the rendering of decisions for the safe reintegration of offenders.

Again thank you for the newsletter article.

Yours sincerely,
Ole Ingstrup, Commissioner
Correctional Service of Canada

March 10th news conference re: Olson's Section 745 application

In the last issue of STOPWATCH, CAVEAT printed a speech made by Ray King at a news conference regarding Olson's Section 745 application for early parole eligibility. Mr. King's son, Raymond King Jr., was murdered by Olson at the age of 15. Mr. King writes the following letter:

I received the latest STOPWATCH this morning and read it with great interest. Thank you so much for your kind comments regarding the statement I submitted at the news conference and for even printing it.

If you saw the news conference you'll understand that I am much better at writing words than I am at saying them.

I can't tell you how pleased I am, after all these years, to be associated with an organization and surrounded by people who aren't totally focussed on personal agendas. After 16 years of groping in the dark it's good to know there are people out there that I can trust.

I just hope it isn't too late to rebuild my life.

Kindest Regards,
Ray King

"Let's Talk"

From my desk to you...

Johanne is CAVEAT's Victim Resources/Program Co-ordinator. Before joining CAVEAT, Johanne worked as a service co-ordinator for victims of childhood sexual abuse and as a group therapy co-ordinator.

Welcome to "Let's Talk"! This section is a regular feature of STOPWATCH which makes space available to you and me--the victims of crime.

Who are the victims of crime? We all are. Violent crime has devastated children, spouses, partners and parents, but the effect of violent crime reaches beyond the immediate family. It mushrooms. Cousins, aunts and uncles, grandparents, co-workers, friends, neighbours and the whole community are ultimately affected.

"Let's Talk" provides an opportunity to support each other by sharing views and experiences. For my part, I will share with you information that comes across my desk, such as:

• letters from you about your experiences, your feelings and the impact crime has had on your personal life and on those around you
• letters sharing your road to recovery or offering support and guidance to others
• coping skills
• letters venting/expressing your opinions
• safety tips
• suggested reading material
• information on community awareness/wellness programs
• questions/answers
• poems/pictures
• information on other topics suggested by you, the reader.

We at CAVEAT don't have all the answers but we are committed to helping you find them. Submissions should be made to:

Johanne
"Let's Talk",
CAVEAT STOPWATCH
Suite 3-164, 3350 Fairview St.
Burlington, Ontario L7N 3L5

Guidelines

Submissions must be 400 words or less and must be accompanied by your full name, address, and telephone number. CAVEAT will print your full name, city and province, unless you specify that you would like to remain anonymous. CAVEAT will not print telephone numbers or street addresses. CAVEAT reserves the right to edit all submissions.

"Let's Talk"

Abuse of the Elderly

Abuse of the elderly has just recently been recognized as a problem by our society. Although it has been going on for quite some time, it is only within the last few years that we have begun to realize how widespread the problem is. The National Clearinghouse on Family Violence defines elder abuse as "the physical, psycho-social or financial mistreatment of a senior." Physical abuse and neglect often go hand in hand. It can involve actual physical assault, or withholding medication, food, personal health care, or medical care. Psychosocial abuse can involve the withholding of affection or financial help and isolation and intimidation. Often the problems do not surface publicly as the victims do not want to call attention to themselves. They are afraid to take action against the abusers for fear of being put in a home, of being rejected, or of being further abused by family members.

"Financial abuse is the most prevalent type of abuse, affecting 60,000 Canadian elders. It is more likely to be perpetrated by a distant relative or non-relative than by a close family member." This problem is indicated by the cashing of pension cheques without proper authorization from the elder, bills continuously unpaid, the sale of property belonging to an elder, and revisions of a will naming a new beneficiary.

It is difficult for someone who is not close to the family to intervene. We must take into account the wishes of the elderly before any action is taken. If abuse is suspected, it would help if information on local support groups were made available to the families of the elderly and to the elderly, themselves. In cases of sexual assault or physical violence, the victim or police may lay charges. Fraud or misappropriation of funds can be reported to the police.

Support groups and services can be established to help care givers with daily responsibilities. Rather than accusing them of abuse, providing alternatives for them would help reduce the stress of caring for the elderly. These services would also help the seniors to become more independent and would assist them with their problems. The more informed the care givers and the elderly are, the better the chances of identifying, eliminating, and preventing the reoccurrence of abuse.

Where to go for support services:

• Local Police Department; Local Hospitals; Social Service Agencies
  

For further information contact:

• National Clearing House on Family Violence, Family Violence Prevention Division,
  Social Service Programs Branch, Health and Welfare Canada, Ottawa, Ontario, K1A 1B5
  (613) 957-2938 or 1-800-267-1291
• Office for the Prevention of Family Violence, Alberta Family and Social Services, 11th Floor, Seventh Street Plaza, 10030 - 107th St., Edmonton, Alberta, T5J 3E4 (403) 422-5916
  

Suggested Reading:

• Duty Bound: Elder Abuse and Family Care, Suzanne Steinmetz. Newbury Park, California: Sage Productions, 1988.
• Elder Abuse and Neglect, Alberta Senior Citizens Secretariat. Edmonton: Alberta Senior Citizens Secretariat, 1988.
• Elder Abuse and Neglect, Mary Joe Quinn and Susan K. Tomita. New York: Springer Publishing Company, 1986.
• Protection of the Elderly: A Study of Elder Abuse, Donna J. Shell. Winnipeg: (Department of National Health and Welfare), 1982.
  

A Parent Care Checklist:

(Source: Ladies' Home Journal, March 1997)

• Be sure your parent's papers are in order and you know where they are.
• Call the local agency that oversees meal-delivery, adult day care, in-home services and volunteer programs. You can find the agency by calling the Eldercare Locator (1-800-677-1116).
• Even if you think you'll never put your parent in a home for the elderly, learn about all the housing options such as life-care centers for people able to live independently.
• Set up your parent's home to prevent accidents by installing ramps and grab bars, increasing lighting and clearing pathways.
• Be sure your parent has one doctor who oversees all of [his/her] care and checks that medications aren't given in dangerous combinations.
• Be sure your parent's insurance is adequate without being redundant.
• If your parent is in a nursing home, be sure [his/her] rights are protected. If there is trouble, find out the home's procedure for filing grievances.

"Let's Talk"

Writing Victim Impact Statements

A victim impact statement (VIS) provides you with the opportunity to express in detail how a crime has affected you and those close to you. The preparation of this statement is optional and strictly voluntary. Many victims have found that the act of writing this statement, and having input into the sentencing procedure, has been helpful to them in their emotional healing.

"The information that you provide in the VIS is useful for the crown attorney in understanding the full effect of the offence, in preparing the case, and deciding what to say to the judge about how the crime has affected you. A copy of the statement is given to the defence lawyer and may be seen by the accused. In some cases the VIS is filed with the court at the time of sentencing. If this happens, the judge will receive a copy of your VIS. You may be asked questions in court by the defence counsel about what you have said in your statement. Once your statement is in the court file, it is part of the public record and may be seen by a probation officer or by the National Parole Board. For example, if the offender is put in jail, the VIS could be used to help determine conditions for the offender's release." (Victim Impact Statement 'An Information Guide', Ministry of the Attorney General, Ontario)

UPDATING & RE-SUBMITTING

Although you may have submitted your VIS during court proceedings at the time of sentencing, you may wish to update it due to changes in your circumstance,
ie: financial hardships due to medical/
psychological treatments for family members, loss of employment, relationship hardships, etc.

Why:

The impact of violence on victims is an ongoing struggle and cannot be fully measured at time of sentencing. This update would offer correctional services the opportunity to fully demonstrate to the offender the severity of the impact. This VIS would be reviewed with the offender when the Board is considering his/her release.

How:

Call the National Parole Board to get the address of where to mail your updated VIS. Telephone numbers for the various regional offices are as follows:

National Office: (613) 954-6549
Pacific Region: 1-888-999-8828
Prairies Region: 1-888-616-5277
Ontario Region: 1-800-518-8817
Quebec Region: (514) 283-9925
Atlantic Region:1-800-265-8644 or 1-800-265-8744

Also state the name of the offender you are addressing and ask that both the National Parole Board and the Correctional Service of Canada acknowledge receipt of your VIS. Along with their confirmation to you there should be a file number related to the offender's name. This number will be useful to you when accessing the Victim Information Service established by the National Parole Board and the Correctional Service of Canada (Ontario Region) which can be accessed by calling 1-800-518-8817. In Ontario, VIS information pamphlets may be obtained by contacting:

Communications Branch
Ministry of the Attorney General, Ontario
720 Bay St., 1st floor
Toronto, ON M5G 2K1
(416) 326-2200

SOME SUGGESTIONS OF WHAT TO INCLUDE:

Physical:

• physical injuries
• medical treatment, name of hospital, physician and treatment
• ongoing pain or discomfort and treatment history
• need for physical aids (crutches, hearing aid, neck brace, splint etc.)
• scarring
• drastic weight gain or loss
• other

Emotional:

• changes in sleep patterns
• need for counselling (past, present and future)
• changes in eating patterns, increased use of alcohol or drugs (prescribed or otherwise), changes in general feelings (depression, anger, fear, trust, etc.)
• hospitalization for emotional reasons
• changes in sexual activity
• loss or changes in job or schooling
• changes in personal relationships (family, friends, social activities)

Financial:

• direct or indirect
• relocation expenses or changing or unlisting your telephone number
• change of employment or schooling
• home security measures (locks, alarm systems)
• therapy
• lifestyle
• other

The Future:

• fear of the convicted person harming the victim or others, and reasons why this is a likelihood
• how does the victim view the future
• other concerns.

"Let's Talk"

Q&A

Dear Let's Talk,

I am a secretary at a local school. Every time I walk into the faculty room to put up notices, get coffee or use the washroom, one of the teachers feels it is necessary to make rude, often lewd comments about me, my figure, how I am dressed and so on. I am so embarrassed I do not want to go in there if I even think he is there. Part of my job calls for me delivering teachers' mail and putting up notices on the bulletin board in this room. What can I do?

Signed, Embarrassed

Dear Embarrassed,

According to Workplace Harassment, An Action Guide for Women put out by the Ontario Women's Directorate, sexual harassment is "any unwanted attention of a sexual nature, like remarks about your looks or personal life. Sometimes these comments sound like compliments, but they make you feel uneasy. Sexual harassment can include:

• degrading words or pictures
• physical contact of any kind
• sexual demands"
  

If you require additional information, please try the following resources:

• Ontario Human Rights Commission, Head Office, 400 University Ave., Toronto, ON, M7A 2R9, (416) 314-4500
• Ontario Federation of Labour, 15 Gervais Dr., Toronto, ON, M3C 1Y8, (416) 441-2731 or 1-800-668-9138
• Ontario Ministry of Labour, Office of the Worker Advisor, 123 Edward Street, Suite 1300, Toronto, ON, M5G 1E2, (416) 325-8570 or 1-800-268-4343

Publications:

• Sexual Harassment: A Guide for Understanding and Prevention, Arjun P. Aggarwal, Butterworths, Toronto, 1992
• The 9 to 5 Guide to Combating Sexual Harassment, Ellen Bravo & Ellen Cassedy, Wiley & Sons, Inc. 1992
• Workplace Harassment, An Action Guide for Women, Ontario Women's Directorate, Toronto, Ontario

Workplace Harassment:

WHAT SHOULD YOU DO IF YOU FEEL YOU ARE BEING HARASSED?

Trust your instincts -- If something makes you uncomfortable, there is a reason. Tell someone you trust right away.

Seek out support -- You do not have to deal with harassment alone. Talk to friends and people who can support and encourage you. Learn as much as you can. You need information about your options. You need to use the help that is available. When you know what is possible, you will be able to decide what to do.

Take care of yourself -- Harassment affects more than just your job. It can upset your home life, your relationship and your health.

Deal with the harasser yourself first -- You will gain some control over the situation if you take any or all of these steps.

• record every incident in detail;
• keep records of your job performance;
• speak clearly to the harasser and tell him to stop the offensive behavior;
• If you are uncomfortable speaking to him/her, write to the person and take someone with you as a witness when you speak to the harasser or deliver your message.

If these procedures do not work, speak to someone in authority whom you can trust. In your school, it might be the principal or union steward. See if your school has a workplace harassment policy. If it does, follow the directions of that policy.

"Let's Talk"

Yesterday's Victims

In Memory of Joan Heimbecker - March 30, 1994

We are yesterday's victims who are forgotten in your world today
There was no choice when our lives from us were stolen away
We knew grave moments of terror as our lives before us waned
Take up our cause for injustice so our lives were not in vain.

We valued life and we enjoyed pleasures as you do
The dreams we had were high, just the same as you.
We were mystified by the stars and the rainbow's hue
And watched the beauty of the sunset when the day was through.

We saw joy in little things like the gentle falling rain
And fluffy white snowflakes brushing against a window pane.
We walked trails amid wild flowers in nature's tranquillity
Each changing season was a gift from God, picturesque to see.

We felt the warmth on our body, the warm gentle breeze would bring
When winter gave up its icy chill to balmy days of spring.
We smelt the fragrance of flowers and treasured every tree
We were proud to be living in a land proclaimed free.

We were sentenced to the grave by murderers' brutal fury
We were not granted a courtroom, a judge or a jury.
We were victims of a society where crime and violence soar
Where just punishment for murderers is not administered any more.

Stop a moment and reflect at the injustice that was done
We were once a parent, sibling, daughter or a son.
We are yesterday's victims condemned to the grave to sleep
If e'er you pass by our graves, don't be ashamed to weep.

Marlene Heimbecker

Joan Heimbecker

25 years old; murdered by her ex-boyfriend, March 30, 1994, Hamilton, Ontario.
Killer was convicted of first degree murder on May 23, 1996, and sentenced to life with no parole for 25 years.

"Let's Talk"

Understanding Homicide Bereavement

Oe'Livia Chasse is a guardian angel to survivors of homicide in Edmonton. At a time when we thought there was no help for families who have lost members to violence, Oe'Livia offered to provide information and counsel to the Farion Homicide Support Group. This support group was started as a volunteer initiative by Noel and Joyce Farion to reach out to families of murder victims. The Farions lost their son Scott as a result of a violent crime. Oe'Livia trains professionals who work with death and bereavement. She does consulting on the grief process in all areas of change and transition in the form of workshops, courses, healing circles and keynote speaking. The following was put together by Oe'Livia based on the book Just Us by Wanda Henry-Jenkins.

Understanding the Homicide Bereavement Process

Homicide bereavement is a cyclical process survivors experience when they are forced to relive the murder over and over, (especially while the case is before the courts) or when they are faced with various external events that trigger wide fluctuations in their emotional state. Understanding the cycles, including the crisis cycle, the conflict cycle and the commencement cycle, enables survivors to understand their feelings, actions or thoughts. They can then take charge of their lives.

The cycles are not separate or distinct. Survivors may experience and identify feelings from all cycles at once.

The Crisis Cycle

This is the cycle of loss:

• You become the living victim.
• You have to accept two shocks: the death and the homicide.
• Dimensions of your grief may include anger, numbness, flushed feeling. You may have screamed, fought, fainted, panicked. What you said, felt or did was alright. No two people say or do the same things.
• Shock is a physical phenomenon which provides you with a trauma-absorber. You may deny the homicide took place. This shock neutralizes your senses for a while. It gives you time to sort out your feelings and thoughts. You are able to do things you probably never thought you could ever face.
• This is a time when you can only think and wonder about how such a loss could happen. You are overwhelmed; you want company and compassion but also peace and privacy.
• Anger may be very prevalent. It may be transferred from the murder to those nearest to you: family, friends, the police or the media. Do not be ashamed.

The only thing you could have coped with during this cycle was mourning your tragic loss.

You will be able to:

a) function in the world when:

• you are able to meet the demands of each day without feeling overly stressed,
• you experience days when you don't concentrate on or think about the deceased;

b) transfer your feelings and energy when:

• you begin to think about and care more for your living loved ones rather than concentrating on your feelings for your dead family member,
• you spend more time and energy on those who are alive,
• you keep special belongings, pictures and mementos, but you give away the victim's clothing and other personal belongings;

c) live in the present when:

• you know it is time to move on when the trial is over or you are simply tired of grieving (trust yourself, go with your feelings);

d) think of your loved one with pleasant memories and feelings.

Meeting the goal of grief resolution happens by:

• talking about your loss with those who want to listen,
• believing it is okay to move on with your life,
• accepting that you could not change circumstances surrounding the murder.

Your life has been irrevocably changed, but it is not over or destroyed. It is altered.

No two people grieve in the same way. Times of healing and re-establishment will vary.

Social re-organization begins when:

• you find you want to spend less time alone,
• you want to have more contact with your peers,
• you return to organizations you left after the murder,
• you become involved in activities that support victims,
• you become involved in the fight against crime.
  

The Conflict Cycle

This cycle begins after the funeral is over, and after the visitors are gone. The law enforcement and/or criminal justice phase begins.

• Your actions and emotions are wrapped around what happens during that phase.
• You may feel shock and anger at what you hear in court.
• You may feel frustrated at the time it takes for the "wheels of justice" to grind.
• You may feel cheated and further victimized by the sentence of the defendant.
  

The Commencement Cycle

This cycle is signaled by your own willingness to mourn. You are a survivor and you are still making adjustments to your sudden loss.

• There comes a time when you want to start to reorganize your life. You remember that before the murder you had dreams and plans. You want your dreams to come true, but the reality of the murder has altered the way you act, feel and think.
• But you want to change and develop from your experience. Your life becomes more important to you than the cause of your loved one's death.

Two things must take place in this cycle: grief resolution and social reorganization. There are four tasks in grief resolution:

a) accepting the reality of the loss;

b) experiencing the pain of the loss (during the crisis and conflict cycle you were probably forced in one way or another to accept and experience the horrendous reality and pain of losing a loved one to homicidal death);

c) adjusting to an environment with the deceased missing;

d) withdrawing emotional energy from the deceased and reinvesting it into other relationships and activities.

Stumbling Blocks to Homicide Bereavement

• Senselessness of the death interferes with our ability to perceive the death as timely, acceptable, or appropriate.
• Imagining the death (if you were not there) may be more painful for you than it actually was for him or her.
• Legal and insurance proceedings: grief often is put on hold until legal proceedings are completed. Survivors often feel victimized by the legal system, media, insurance company, etc. Legal and insurance proceedings add stress to your grief. Sometimes grief is shelved as you focus on those battles.

Recognize your relative disadvantage and work to counteract it. Capitalize on whatever support you can muster while at the same time coping with the legal process.

Oe'Livia Chasse and Associates can be contacted at (403) 477-2380 or by fax at (403) 477-6215.
Also, contact the above for a subscription to Living Our Losses, a bi-annual newsletter with information and coping skills.

"Let's Talk" -- end of section

Donna French Moves Audience

"An Evening with Donna French," organized by CAVEAT's Youth Council and held in May at McMaster University in Hamilton, Ontario, provided audience members with an informative and emotional discussion of the trauma caused by the kidnapping, sexual torture, and murder of her daughter Kristen. Donna spoke eloquently of her family's experience with Canada's justice system, from the moment of Kristen's disappearance, through the police investigation and subsequent arrest and conviction of Paul Bernardo and Karla Homolka.

Tremendous support from public and police

Donna described to the audience the family's ordeal in dealing with the disappearance of her daughter, and the tremendous support they received from the police and the public. She detailed the pain of having to deal with the existence of videotapes depicting Kristen's torture and their use in court and on top of that, the grief caused by some members of the media who published a transcript of the audio details from the tapes.

Donna closed her speech with a beautiful video tribute to Kristen. The audience was visibly moved.

CAVEAT and the Youth Council appreciate Donna's participation in this event.

Congratulations on your achievements!

Left: Melissa Crawford, head of CAVEAT's Youth Council, was named Junior Citizen of the Year by the Ontario Community Newspapers Association (photo courtesy of The Hamilton Spectator). She received her award recently from Lieutenant-Governor Hilary Weston at a ceremony in Toronto. Melissa has won several other awards for her work in violence prevention.

Right: CAVEAT Alberta recently honoured Noel and Joyce Farion for their untiring work on behalf of victims. The Farions, whose son Scott was murdered in April 1994, were recognized for the establishment of the Farion Homicide Support Group. Pictured are Joyce Farion (centre) with Louise Kay (left) and Colette Mandin-Kossowan (right) of CAVEAT Alberta.

CAVEAT Works with Police,
Corrections, Parole Staff

Unique role-playing program helps professionals relate to victims

Left photo: Dawna Speers is CAVEAT's liaison with Corrections and Parole. Right photo: Jessie Smith is the advisor to CAVEAT's Youth Council. Together, Dawna and Jessie have created the very successful Victim Awareness Training Program. Both have lost relatives to violence and have been actively involved in CAVEAT since its inception in 1992.The Victim Awareness Training Program

CAVEAT is proud of its volunteers' accomplishments. Two of our volunteers, Dawna Speers and Jessie Smith, have taken their pain as victims of crime and are using it to make changes in the ways justice personnel treat victims.

Not only were they victims of crime, but in many ways they were victims of the systems that often seem designed to protect the perpetrators of crime. They have teamed together to develop the Victim Awareness Training Program, which describes the stress and trauma that victims of violence and their families experience when dealing with justice personnel. Initially, Dawna and Jessie began by presenting their program to employees of the Correctional Service of Canada (CSC). They were so successful that they were asked to continue, expanding their target audience to include volunteers, CSC staff, as well as students at the CSC college. Today, professionals and volunteers associated with the justice system, including police departments and police services, attend the seminars.

"The key to the program is to put the people in the victim's family's shoes," says Dawna. "To do this, I make this a personal story. Using slides of my daughter Monica, I introduce her to the audience and show them that she was a real person, someone's daughter, someone's sister, someone's friend. She is not just a faceless statistic." Dawna presents Monica's story to the audience and tells of her family's trauma in the aftermath of Monica's violent death. Trauma that followed from the loss of a daughter, but also the trauma that followed in dealing with the justice system. As Dawna says, the death of her daughter Monica caused ripples in a pond that are still having an effect.

After listening to "Monica's Story", Jessie asks the audience for their reaction to this powerful and emotional story. The anguish that the audience feels while listening to Dawna mirrors, to a small extent, the anguish felt by victims on an on-going basis. Homicide grief differs radically from other grieving processes. Jessie describes the physical and emotional trauma associated with homicide grief, and explains that there is no pattern. Not only can grief and anger re-appear periodically long after the event, Jessie tells the audience, but also men handle grief differently than women.

Professionals must offer support

The professionals who come into contact with victims' families must understand the impact that they have, positive or negative, in this time of grief. Dawna and Jessie stress that professionals throughout the justice system, from the police officers and police services personnel to the legal personnel they will later encounter, must offer support and they must be aware of what to say and especially, what not to say to the grieving survivors.

Dawna and Jessie use role-playing to illustrate to staff how they should respond to victims. Dawna represents the victim and Jessie assumes the role of a staff person, first in a face-to-face meeting, and then in a simulated telephone conversation in which the professional is unable to see the victim's body language. It is vital for anyone dealing with victims and their families to learn how to offer support. What to say and do and what not to say and do. How to listen. How to determine what the person needs. How to leave the door open for further communication. Dawna and Jessie teach this through their program.

Next in the seminar is a discussion, from the victim's perspective as well as from the offender's perspective, of the importance of victim impact statements and information-sharing among all units of the justice system. So often vital information is not conveyed by the police and the Crown to Corrections Canada or the Parole Board. This results in the possible re-victimization of victims, and also affects offenders who might not receive the help they need in their rehabilitation process if the complete history is not known.

Audience 'owns' the pain

After an intense day and with the knowledge they have accumulated, the seminar participants are asked to form focus groups and using role-playing techniques, they learn more about listening to and understanding victims. "The role-play at this point is phenomenal," Dawna says. "The audience has been with us all day and at this point they 'own' the pain. They've heard Monica's story and they've been there."

"I can't imagine anything more effective," commented one participant. "Although I have not been through such a tragedy, I felt a great deal of emotion and empathy for victims; not knowing how terrible it must be to lose a loved one to violence, but imagining the grief and pain as heard through your stories."

After a question period, Jessie closes the session by reading a letter from her niece describing the difference between the Christmases she remembers sharing with her grandparents, and the Christmases following their murder.

Dawna and Jessie continue to receive positive feedback from participants regarding their program. Interest is growing and the University of Toronto is considering including this seminar in their law program.

Victims are becoming increasingly involved in the justice system. It is crucial that employees within the system learn to communicate with victims of violent crime, and understand the trauma they endure. CAVEAT is proud of Dawna and Jessie!

For more information on the Victim Awareness Training Program, please contact Dawna Speers at the CAVEAT Head Office at (905) 632-1733.

Tools of Awareness

Tools of Awareness, a booklet compiled by Dawna Speers, is now available from CAVEAT at a price of $10. It was developed as an educational tool that can be used by schools, and community and women's groups in their Domestic Violence Prevention initiatives. Tools of Awareness presents material in a user-friendly format that will help people to recognize the danger signs of aggressive and controlling behaviours in relationships.

The material is based on Dawna's extensive research in the area of abusive relationships. The catalyst for her interest in the subject was her daughter, Monica's, experiences with an abusive boyfriend and her subsequent death at his hands in October 1991.

NJN UPDATE

Excerpts from: March/1997 Volume 3 Issue 3 & April/1997 Volume 3 Issue 4
The following are reprints from the NJN Update.
The National Justice Network (NJN) Update is published monthly by
the Canadian Resource Centre for Victims of Crime (VRC), Ottawa.

NJN Update, by the Victims Resource Centre, Ottawa

FLAWED DNA DATABANK BILL INTRODUCED

The Government finally introduced legislation regarding the creation of a DNA databank. Unfortunately, the Bill is a watered down version of what we hoped it would be. Furthermore, the Ministers admitted that the Bill would die when the election call was made on April 27.

The databank is the second phase of the Government's commitment to the use of DNA evidence and the criminal justice system. The first phase was the introduction of the law to allow police to take DNA samples from suspects (Bill C-104).

As far as the DNA Identification Act goes, it would create a National DNA Databank. In theory, it would operate similar to the fingerprint computer system used by the police. The databank, which would contain DNA profiles of offenders, would be operated by the RCMP.

The bank would consist of two parts: the crime scene index and the convicted offender index. Samples could only be taken from convicted offenders (of certain offences) after conviction. Offenders convicted of offences on list 1 (the most serious violent/sexual offences) would automatically have their samples taken. Offenders convicted of offences on list 2 would only have their samples taken if a court is satisfied it is in the best interests of the administration of justice.

The requirement that only convicted offenders be required to have samples put in the bank is cause for some concern. It takes away from the benefit of the bank as an investigative tool.

The point is to put samples in upon arrest and try and match the DNA to any unsolved crimes as is currently done with fingerprints.

The Bill also allows authorities to take samples from those already serving sentences if they have been declared a Dangerous Offender or have been convicted of two or more sexual offences. It does not include convicted killers so, for example, Clifford Olson's DNA could not be taken.

Young offenders could also have their samples taken, but their profiles may not be kept in the bank indefinitely as will be done with adults. Those exonerated of the offence will have their profiles removed as will those who receive pardons.

Many aspects of the Bill need to be addressed, but that will not take place anytime soon. The Bill was introduced weeks before the election call and there was no time to deal with it.

Rock says he wants to do this right the first time. We agree, and will be back in the fall with amendments to ensure it is done right.

NJN Update, by the Victims Resource Centre, Ottawa

LONG TIME VICTIM ADVOCATES RETIRE

Inge Clausen has been fighting for victims since her daughter, Lise, was murdered in 1981. Lise was abducted by Paul Kocurek, a convicted sex offender, as she was jogging. Kocurek was free on mandatory supervision (now called statutory release).

Soon after Inge formed Citizens United for Safety and Justice, she was joined by Noreen Provost, a concerned BC grandmother.

After working tirelessly for 15+ years, both women have decided to retire.

CUSJ was the first victims' advocacy group in Canada, and their work has helped pave the way for those who followed them.

In 1982, Inge was the first victim (or citizen) to attend a parole board hearing. CUSJ was instrumental in changes that allow the parole board to detain offenders for their entire sentences. Over the years, they have also presented numerous briefs to various government committees.

The CUSJ head office will be moving to Bella Coola, B.C. and will be run by Marjean Fitchenberg. The Duncan office will be operated by Cleone Ratcliffe who has worked with the group for many years.

On behalf of the VRC, victims groups throughout the country and all Canadians, the NJN would like to thank Inge and Noreen for their dedication and commitment to making Canada a safer place to live. Your presence and work will be missed, but your impact will always be remembered and appreciated.

NJN Update, by the Victims Resource Centre, Ottawa

COP KILLERS BENEFIT FROM SECTION 745

Clifford Olson may be the most prolific killer using s.745 to get early parole, but he is not the only one. The NJN has reported in the past about Roy Glareman, a cop killer in Calgary. Glareman's second hearing began on March 11. He murdered Constable William Shelever in 1977 after the officer put him in the back of the cruiser to question him. Glareman had a gun and shot Shelever and his partner, killing Shelever.

His first hearing was held in 1991 and the jury denied a reduction in his parole dates but said he could have another hearing in two years. This time around the jury gave him one year off his parole eligibility date. He is now eligible for full parole in 2001 and can seek day parole next year.

The prison experience has not been all bad for Glareman. He managed to get a university degree and he even found a wife with whom he apparently has much in common. She is also a convicted killer serving time.

Another cop killer who benefited from s.745 has been granted day parole. Vincent Cockriell and John Harvey Miller murdered Surrey RCMP Constable Roger Pierlet in 1974.The two were hunting for a police officer in retaliation for the death of Miller's brother during a police chase; Pierlet was chosen at random. Cockriell was originally sentenced to death but it was commuted to life. In 1995, after a successful 745 hearing, the National Parole Board granted him unescorted temporary passes, and last November they granted him day parole.

NJN Update, by the Victims Resource Centre, Ottawa

BOLDUC REPORT HIGHLIGHTS ONGOING PROBLEMS

The Board of Investigation Report into the murder of Isabelle Bolduc has been released. Bolduc was abducted, sexually assaulted and murdered last year in Sherbrooke, Québec. Marcel Blanchette was the first of three men charged to plead guilty to Bolduc's murder as well as the abduction and sexual assault of another woman. She was rescued when police pulled over the stolen car he was driving.

Blanchette was on parole at the time. His criminal history dates back to 1966 and in 1978, he received a 5 year sentence for armed robbery. That original sentence grew to 32+ years because he re-offended everytime he was granted conditional release.

For example, in 1979 while on an Escorted Temporary Absence pass, he forcibly confined two CSC guards. In 1982 while on conditional release he committed several armed robberies as he did in 1986.

Jean-Paul Bainbridge also pleaded guilty to murder. He had finished serving a 2 year sentence for sexual assault months before the murder.

A third man, Guy Labonte, is awaiting trial. He was on statutory release at the time of the murder. He was serving 2 years for several break and enters and assaulting a police officer.

The three men met while residents at the Community Residential Centre l'Etape, and their relationship grew as they attended Alcoholics Anonymous. Blanchette and Labonte had conditions on their release not to associate with criminals (unless approved by supervisor) but both men met regularly with Bainbridge in bars.

They also had conditions not to consume alcohol or drugs and not to go to bars, but they broke those conditions as well. Their parole officer was apparently unaware of any of this.

Blanchard was convicted of impaired driving in 1995. His parole was not revoked and he was merely put back in the halfway house for six months.

The Report was critical of the failure of the parole officer to make better use of
urinalysis tests to see if the offenders were drinking. At times, she warned them a week in advance of her intentions to test them.

The Parole Board decisions were found to be lacking. They noted some shortcomings in the risk assessment of Blanchette. The Board "...did not give full weight required to certain risk factors, such as the serious nature and rapidity of Blanchette's reoffending on each of his previous releases..."

Bolduc's family is suing CSC for $2 million.

NJN Update, by the Victims Resource Centre, Ottawa

DIRECTOR'S REPORT VICTIM IMPACT
STATEMENTS ­ Part II

Many, many years ago, the justice system consisted of two parties: the offender and the victim. It was the victim who initiated a prosecution and decided upon a sentence. Gradually, over the years, the state's role grew and took over the prosecution of offenders. Today, a crime committed is considered to be against the state, not the victim. It is a far cry from how the system once operated.

While no one really wants to return to the days where the victim was the "judge, jury and executioner", victims do want their role in the system recognized. They want their voices heard and opinions considered. One of the most positive ways of doing that is through victim impact statements.

First used in California in 1974, victim impact statements have been part of Canada's common law for many years before they were legislated in 1988. Originally, such statements were used only at sentencing hearings, but their use has grown to include parole hearings, judicial reviews and possibly even bail hearings. In the U.S, they have even been used in death penalty cases.

Victim impact statements are not mandatory. Victims have the option of preparing one if they so choose, but do not have to do so. For many victims, the simple act of telling the court what the crime has done to them is an important part of the healing process.

While advocates of victim impact statements (VIS) argue they provide an opportunity for the victim to be a part of the process and that it is essential the decision makers be aware of the impact of a crime on its victim, they are not without their critics, usually defence lawyers, who say victims should have no formal role within the system.

SENTENCING HEARINGS

In 1988, Bill C-89 was passed, which among other things, amended the Criminal Code to provide victims the right to present victim impact statements. Section 722.(1) reads:

"For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged...the court shall consider a statement...of a victim of the offence describing the harm done to, or loss suffered by, the victim arising from the commission of the offence."

When the legislation was first passed, there was nothing to mandate that a judge consider it. The legislation read that a court "may" consider statements, which indicated some choice. However, that was amended in 1996 when Bill C-41 was passed which requires judges to consider the statements. Changes to the Young Offenders Act in Bill C-37 now allow VIS to be presented in youth court.

The legislation does not specify how the statement is to be presented to the court. It does refer to a statement in writing, but nothing prevents statements from being made orally or by other means. While traditionally statements have been limited to written form, more and more victims are being permitted to provide oral statements. There have been some victims who have been permitted to provide video statements. Debbie Mahaffy was permitted to do so during the sentencing hearing of the man who murdered her daughter. The victim of a drunk driver was allowed to present a video at the sentencing hearing to show the judge the progress he has made regarding his physical injuries.

Victims who do decide to present VIS at sentencing hearings (or judicial reviews) should be aware that they may be required to undergo cross-examination. If there is some concern over the accuracy of anything contained in the statement, the defence may question the victim. Questions will be limited to what is contained in the statement and should not be an opportunity for the defence to humiliate or embarrass the victim. It should be noted that it is very unlikely that a defence lawyer would question a victim, especially at a 745 hearing, because of the negative message it might send to the jury/judge.

PAROLE BOARD HEARINGS

In 1992, the Corrections and Conditional Release Act was adopted and it included a clause to permit victims to present victim impact statements to the National Parole Board when they consider granting conditional release for an offender. Statements presented at the time of sentencing can be made available to the Board or victims can prepare updated statements for the Board. If no statement was prepared at the time of sentencing, it can be done for the parole hearing.

The Board uses the information when making decisions regarding conditional release to help assess the offender's potential risk. Not only can the information provide the Board with the impact the offence has had on the victim and therefore the gravity of the offence, it can also provide the Board with insight and information not available elsewhere. Often the full details of an offence are not heard in court due to plea bargains or other technical reasons. Therefore, an account from the victim of the impact the offence had can allow the Board to question the offender on information they may not have had before them otherwise. The victim's account of the impact of the crime presented at parole hearings is also important because it can help the Board assess the offender's understanding of the offence.

Statements at hearings of the National Parole Board and the Ontario and Quebec boards are limited to written statements. The BC Parole Board now allows victims the opportunity to present oral statements.

Another agency that must consider victims' information is Corrections Canada. The Commissioner's Directive #784 reads:

"The Service is required to collect all information relevant to an offender which could assist in making decisions on his or her case, including existing information from the victim, the victim impact statement, and any other information concerning an offender that a victim provides directly to the Service."

PLEA BARGAINS

One of the most controversial questions about victim impact statements is their use, or lack of it, in cases where a plea bargain has been arranged. The legislation makes it clear that they are to be used at sentencing hearings, and even if a plea bargain has been reached between the Crown and the defence, a judge has the ultimate decision on the sentence. Therefore, VIS can be used even if a plea has been made. The problem may arise where a Crown wants the judge to accept the deal and does not want him/her to be affected by the victim's words.

WHAT DO VICTIM IMPACT STATEMENTS SAY?

One of the main concerns about victim impact statements (mainly from defence lawyers) is that they are nothing more than an opportunity for the victim to condemn the offender. This is not the intent of the legislation, and frankly it is not the reality. Impact statements are exactly that--an opportunity for the victim to tell the court how the offence has affected their lives--emotionally, financially and physically. If the offence involved an assault, the victim may wish to speak about financial losses due to missed work. Sexual assault victims may talk about their emotional loss if they are unable to trust people or be close to people. Homicide survivors often talk about facing life without their child or spouse.

Statements are not an opportunity for the victim to tell the court what an animal the offender is or to go over the offence again. Victims are not supposed to make recommendations to the court on what the appropriate sentence should be or what the offender deserves. Statements may be made by direct victims (i.e. assault victims) or in the case of a homicide, by a spouse or relative of the victim.

DO IMPACT STATEMENTS MAKE A DIFFERENCE?

There is really no empirical way to accurately measure the effect impact statements have had over the last number of years. Theoretically, one could look at sentences handed down in cases where impact statements were presented and compare sentences for similar crimes in cases where statements were not presented. The same could be done for parole hearings. There would not likely be a huge disparity in the types or lengths of sentences where statements were presented and statements were not presented.

Victim impact statements likely have more of an impact at judicial review hearings and parole board hearings. At judicial review hearings, the decision makers are members of the public and a statement from the victim's family can be very powerful. At parole hearings, they can be used to question the offender on aspects of the offence that may not have surfaced during the trial or they can be used to assess the offender's understanding of the offence and his acceptance of responsibility.

The real value of impact statements may be the therapeutic effect they have for victims who do decide to present them. Many victims say it is important to them to be a part of the process and inform the court/jury/parole board how the crime has affected them. For some, it can be part of the healing process.

PROBLEMS/CONCERNS

The most troubling aspect of victim impact statements is not the claim by defence lawyers that they have no value in the criminal justice system. Instead, it is the reality that many victims are never even told that they have the right to present them. While most provincial victims' of crime legislation sets out that victims are to be informed that they can prepare VIS, too many victims never hear about them.

There are some crowns who no doubt feel that VIS are not necessary and do not support them. However, it is not for the Crown to decide if a victim can or cannot prepare one. The legislation makes it clear that it is their right and that the court must consider them. Many Crown offices and police forces have VIS forms, but an emphasis must be made to ensure victims are told that they have this right.

Many victims express concerns that the offenders will be able to see/read their impact statements, whether it be at parole hearings, sentencing or judicial review hearings. Offenders do have the right to see the statements because it is information that will be used to make decisions about them. The other major concern is specific to judicial reviews in that the statements may have to be edited before the jury will hear/see them. This has to be done to ensure the guidelines are followed and that no adverse statements are made that may influence the jury.

CRITICISMS

Critics claim that VIS are nothing more than opportunities for victims to vent their hostility and emotion, which should not be part of the system (except when their defendant killed his wife in a fit of rage and therefore should get a lesser sentence--emotion is acceptable then). Others say that only educated, articulate people will prepare statements. However, if given the chance, victims of all classes and educational levels prepare statements. Formal education is not required to tell someone how you feel.

What critics fail to recognize is that the VIS is but one piece of evidence that a judge may consider. There is little evidence that sentences in which a VIS was presented resulted in a more severe sentence. And not all victims want longer sentences.

Victim impact statements remain one of the most positive means that victims of crime have to be a part of the criminal justice system. Their value and importance should not be overlooked. While the process of informing victims of this right and giving victims the choice of oral/written statements still requires some work, they can be helpful for those victims who do choose to prepare them.

CAVEAT Comment:
See "Let's Talk" on page 4 for information on writing victim impact statements

NJN Update, by the Victims Resource Centre, Ottawa

SEXUAL ABUSE VICTIMS IDENTIFIED FROM TAPES

When the police viewed videotapes they had taken from the house of Michael Gibbons, even the most hardened police officers were disturbed by what they saw. The Agassiz RCMP then had the task of identifying the two young girls on the tape who were being sexually assaulted by Gibbons.

Clearly not the brightest guy in the world, Gibbons posted a message on the Internet asking for photos/tapes of adults having sex with children. He also offered his own material which contained him "doing everything" with children. A U.S. Customs Agent posing as someone looking for pornography saw his message and alerted Canadian authorities.

This is not Gibbons' first dealings with the justice system. He has been investigated by police four times in the last ten years. Twice in 1987 he allegedly sexually assaulted two children at a water slide and on a school bus. In 1991, a film processor who developed his film found photos of a baby's genitals.

In 1992, he was convicted of sexual interference with a 2 year old. He spent three months in jail and was on probation for 30 months. He was likely on probation at the time the tapes were made four years ago.

He supposedly ran a babysitting service and even advertised to do it free of charge.

He now faces charges of possessing and distributing child pornography as well as sexually assaulting the two victims and bestiality offences as well. Five other potential victims have been identified as well.

The British Columbia Attorney General was quick to order an independent investigation into the handling of the case.

The RCMP were heavily criticized for not telling Gibbons' neighbours about his record, but the RCMP said they face very stringent privacy laws.

NJN Update, by the Victims Resource Centre, Ottawa

PAROLEE CHARGED IN MURDERS

Michael Hector was on parole for an armed robbery committed while he was on parole for an armed robbery. And now he is facing three counts of first degree murder.

Earlier this year, he allegedly shot Robert McCellum and Kevin Solomon in a private dwelling, and later shot gas station attendant Blair Aitkens. There was reportedly a robbery involved as well.

Hector's criminal career dates back to 1982 and has a relatively consistent pattern of increasingly serious behaviour. He was serving a 13 year sentence for break and enter, theft, robbery, weapons, etc. In 1991, he was on parole for armed robbery when he re-offended.

He was granted day parole in 1994 and full parole (by paper review only which means the Board did not see Hector) in 1995. Hector's parole board documents indicate that "...60% of like offenders re-offend..." yet he had the universal support of his Case Management Team for day parole.

A preliminary hearing is scheduled for April. The trial may take place this fall.

The National Parole Board and Corrections Canada have ordered an investigation into the case.

NJN Update, by the Victims Resource Centre, Ottawa

TWO BC KILLERS DENIED PAROLE

Two convicted killers have recently been denied parole by the National Parole Board in B.C. Dale Hicks and Kiyonori Fujimori were both convicted of manslaughter in unrelated crimes.

Hicks murdered two women in 1992, Karen Rainey and Laurie Woods (mother of three). He stabbed Karen 17 times and stabbed Laurie 6 times when she tried to help her roommate. Hicks claimed he was suffering from "cocaine psychosis" at the time and blacked out only to wake to find blood everywhere. However, he did not call the police or try to help the two women. Instead, he drove to a friend's house and picked up a gun, drove to a park (all while he was suffering from cocaine psychosis) where he was found by a caretaker. He was charged with second degree murder but the jury apparently accepted his defence and convicted him of manslaughter. The judge gave him ten years.

Fujimori beat Stuart Brown to death in 1993 outside a bar after a scuffle took place inside the bar. Stuart tried to protect a woman from Fujimori and was assaulted. When he went outside, Fujimori went looking for him. Fujimori once again attacked him and repeatedly punched and kicked Stuart in the head as he lay defenseless on the ground. He was also charged with second degree murder but pleaded guilty to manslaughter. He was sentenced to five years.

At the time of Stuart's murder, Fujimori was awaiting trial for a charge of assault causing bodily harm.

NJN Update, by the Victims Resource Centre, Ottawa

SNAPSHOTS

OLSON LOSES HIS ATTEMPT TO STRIKE CSC GAG ORDER

Serial child killer Clifford Olson has lost his attempt to have a CSC-imposed media gag order lifted. He says it violates his rights of freedom of expression and communication, but CSC says it protects the families of his victims as well as being necessary for any chances he has at rehabilitation. The Saskatoon court did not even need to hear from the Government lawyers before they dismissed his case. He may try and appeal to the Supreme Court.

BERNARDO DENIED LEGAL AID

Serial killer Paul Bernardo has been denied access to Legal Aid in his efforts to appeal his convictions for murder. Bernardo is granted an automatic appeal given the seriousness of the charges. He says that the jury selection was flawed, psychiatric evidence about Karla Homolka should not have been allowed and evidence of similar acts he committed on previous occasions should not have been admitted. The Ontario Court of Appeal told Bernardo that the issues were quite simple and he could argue them himself.

CONVICTED KILLER HANGS HIMSELF

Peter Brighteyes recently hanged himself in his cell where he was sentenced to spend the rest of his life. He was convicted of the first degree murder of Edmonton woman Sheila Salter. The police took DNA samples from him under the new law (Bill C-104) which helped get a conviction, and the Edmonton Court of Appeal upheld the law as constitutional. Brighteyes has over 30 previous convictions. No doubt an investigation will be held into the suicide.

JUDGE RECOMMENDS FIVE FEMALE KILLERS BE GRANTED RELEASE

Judge Lynn Ratushny, who was tasked with reviewing dozens of cases of women who claim to have murdered abusive partners, has recommended that five women be given complete freedom. She said that two should have been acquitted because they used self-defence and three others should have been convicted of manslaughter, not murder. The Solicitor General is not promising any swift action on the recommendations as his officials need time to examine them.

COMMITTEE REJECTS ELECTRONIC MONITORING

The Justice Committee examining Bill C-55 (high risk offenders) has rejected provisions relating to electronic monitoring. The section would have allowed judges to impose electronic monitoring on people even though they may never have been convicted of anything (much like a Peace Bond). While the section was kept, the electronic monitoring conditions were dropped. Concerns were raised by many that such an intrusion would be unconstitutional, but instead of admitting that the Department screwed up, the Committee found that such a program would simply be too expensive. One would think that would have been researched before the Bill was drafted.

ESCAPEE GETS LIFE SENTENCE IN U.S.

Timothy Cronin, who escaped from a minimum security prison in BC in 1994, has been convicted of murder in the U.S. He has been sentenced to life without possibility of parole (that means no 745). His partner, Michael Roberts, is awaiting trial and may face the death penalty if convicted.

The National Justice Network is part of the Canadian Resource Centre for Victims of Crime located at 141 Catherine Street, Ottawa, Ontario, K2P 1C3 (613-233-7614 Fax 613-231-3254) e-mail address is cpa@igs.net.

Scott Newark is the President of the Centre and Steve Sullivan is the Executive Director as well as the author of the NJN Update.

NJN Update, by the Victims Resource Centre, Ottawa -- end of section

Parole Board Information Sheet

As an information service to our readers, CAVEAT has decided to reprint fact sheets published by the National Parole Board in the next few issues of STOPWATCH. The fact sheets, which explain how the parole system operates, can also be found on the National Parole Board's web site at http://www.npb-cnlc.gc.ca/

National Parole Board

FACTS: TYPES OF RELEASE

Why are offenders released before the end of their sentence of imprisonment?

By law, all offenders must be considered for some form of conditional release during their sentence. Just because an offender is eligible for release, however, does not mean that the release will be granted -- release on parole is never guaranteed. Conditional release does not mean the sentence is shortened, it means the remainder of the sentence may be served in the community under supervision with specific conditions. The National Parole Board must assess an offender's risk when they become eligible for all types of conditional release, with the exception of Statutory Release. That's because protection of society is the most important consideration of any release decision.

TYPES OF RELEASE:

Temporary absence:

• Usually the first type of release an offender may be granted.
• May be escorted (ETA) or unescorted (UTA).
• Granted so offenders may: receive medical treatment; contact with their family; undergo personal development and/or counselling; and participate in community service work projects.

Eligibility:

• Offenders may apply for ETAs any time throughout their sentence.
• UTAs vary, depending on the length and type of sentence. Offenders classified as maximum security are not eligible for UTAs.
• For sentences of three years or more, offenders are eligible to be considered for UTAs after serving one sixth of their sentence.
• For sentences of two to three years, UTA eligibility is at six months into the sentence.
• For sentences under two years, eligibility for temporary absence is under provincial jurisdiction.
• Offenders serving life sentences are eligible to apply for UTAs three years before their full parole eligibility date.

Day parole:

• Prepares an offender for release on full parole or statutory release by allowing the offender to participate in community-based activities.
• Offenders on day parole must return nightly to an institution or a halfway house unless otherwise authorized by the National Parole Board.

Eligibility:

• Offenders serving sentences of three years or more are eligible to apply for day parole six months prior to full parole eligibility.
• Offenders serving life sentences are eligible to apply for day parole three years before their full parole eligibility date.
• Offenders serving sentences of two to three years are eligible for day parole after serving six months of their sentence.
• For sentences under two years, day parole eligibility comes at one-sixth of their sentence.

Full parole:

• Offender serves the remainder of the sentence under supervision in the community.
• An offender must report to a parole supervisor on a regular basis and must advise on any changes in employment or personal circumstances.

Eligibility:

• Most offenders (except those serving life sentences for murder) are eligible to apply for full parole after serving either one-third of their sentence or seven years.
• Offenders serving life sentences for first-degree murder are eligible after serving 25 years.
• Eligibility dates for offenders serving life sentences for second-degree murder are set between 10 to 25 years by the court.

Statutory release:

• By law, most federal inmates are automatically released after serving two-thirds of their sentence if they have not already been released on parole. This is called statutory release.
• Statutory release is not the same as parole because the decision for release is not made by the National Parole Board.
• Offenders serving life or indeterminate sentences are not eligible for statutory release.
• The Correctional Service of Canada may recommend an offender be denied statutory release if they believe the offender is likely to:
  • commit an offence causing death or serious harm to another person;
  • commit a sexual offence involving a child; or
  • commit a serious drug offence before the end of the sentence.

In such cases, the National Parole Board may detain that offender until the end of the sentence or add specific conditions to the statutory release plan. Offenders must agree to abide by certain conditions before release is granted. These conditions place restrictions on the offender and assist the parole supervisor to manage the risk posed by an offender who is on conditional release. Whether on parole or statutory release, offenders are supervised in the community by the Correctional Service of Canada and will be returned to prison if they are believed to present an undue risk to the public. The National Parole Board has the authority to revoke release if the conditions are breached.

CALL THE NPB OFFICE NEAREST YOU FOR MORE INFORMATION

Pacific Region: 1-888-999-8828 Prairies Region: 1-888-616-5277 National Office: (613) 954-6549
Ontario Region: 1-800-518-8817 Quebec Region: (514) 283-9925 Atlantic Region:1-800-265-8644 or 1-800-265-8744

Tennis Tournament Fills Void,
Supports Community

The Nina de Villiers tennis tournament was again a big success this year, raising much-needed funds for CAVEAT's work.

This sixth annual doubles tournament fills a void in the high school tennis scene as there are simply not enough tournaments of this type available to give students the opportunity to test their skills against their peers.

Nina used to enjoy competing in doubles tennis, but found that there was a shortage of competitions available. This tournament, played in her memory, is an opportunity for budding tennis players to experience the thrill of participating in a tournament.

Growing participation

This year there was a marked increase in the number of registrants, with 112 players from 23 area high schools assembling at the neighbouring Mohawk and Hillfield Strathallan tennis courts in Hamilton, Ontario. They came to vie for girls, boys and mixed doubles tennis titles. This increase proves that there is a need for more tournaments of this type.

To ensure the smooth operation of the tournament, student volunteers were provided with two-way radios to co-ordinate the players and send them to the proper court at the proper time. Once again, Blanche Badenhorst, Mohawk's former tennis professional, organized the draw to ensure that a fluid and efficient exchange of play progressed leaving no courts empty and no players sitting idle for too long.

Priscilla de Villiers later presented awards to the winners.

The potential for the tournament to grow and accommodate even more students is there, but such growth will require a larger volunteer base and increased funding to ensure its success.

1997 TOURNAMENT WINNERS

Girls Doubles:

Susan Simpson and Joanne Wrong, Bishop Strachan H.S.,Toronto.
Runners up: Emily Novak and Jennifer Bolus, Cardinal Newman H.S., Hamilton.

Boys Doubles:

Kris McCrady and Henry Choi, Bishop Ryan H.S., Hamilton.
Runners up: Justin Micamonaco and Ted Musgrave, Trinity College, Port Hope.

Mixed Doubles:

Kathryn Wheatley and James Chan, Ancaster H.S.
Runners up: Alwin Taylor and Tyler Palmer, Oakville Trafalgar H.S.

Recent CAVEAT Fundraisers

"Friends of the Fish"

Delicious seafood and a variety of great music helped make the "Friends of the Fish" Volunteer Jam II an evening to remember. The fundraiser to benefit Danielle Larsen and CAVEAT Alberta was held on May 18th at the Cook County Saloon in Edmonton.

CAVEAT Alberta would like to thank Wayne Larsen, Kris Norman and the "Friends of the Fish" for their hard work in bringing this event together. Watch for more coverage in the next issue of STOPWATCH.

Pictured left to right: Kris Norman, CAVEAT Alberta volunteer Louise Kay, and Wayne Larsen.

John Kelly Charity Dart Tournament

CAVEAT is grateful for being selected as this year's beneficiary for the 4th Annual John Kelly Charity Dart Tournament. The event, held on March 22nd at the Black Sheep Pub in Toronto, raised $336.00 for CAVEAT. A special thank you goes to Michael Stark and everyone who helped with the tournament.Pictured: Michael Stark (far left) and Rhonda McBride (far right) with this year's winners, Steve Dennis (middle left) and John Hobbs (middle right).

Hitting the Links for CAVEAT

CAVEAT BC was the big winner on May 30th at a golf tournament in Chilliwack. The event, held at The Falls Golf & Country Club, raised much-needed funds for the CAVEAT BC office.

CAVEAT BC would like to thank the Spring Chickens and Brad Duggan for organizing the very successful event. And, a special thank you goes to Master of Ceremonies Tiger Williams and 'The Champ' who also made an appearance.

Watch for photos and additional coverage of the event in the next issue of STOPWATCH.

Also, a special thank you to ...

• The Canadian Association of Chiefs of Police which donated $1000 to assist CAVEAT in its work.
• A. N. Myer Secondary School students who raised $300 for CAVEAT from school dances held throughout the year.
• The Zonta Club of Hamilton II for its recent donation of $500 raised from a bingo night.
• Graphos for doing the layout for CAVEAT Alberta's new pamphlet and Douglas Printing for donating its printing services.
• Syncrude for donating a computer to CAVEAT Alberta.
• A special guardian angel. CAVEAT BC is grateful for the generous support of an anonymous donor who has offered to pay the telephone bill for the office each month.
• Van-Son Victims of Violence for a donation of $1000.
• The Canadian Police Association for its generous support of CAVEAT BC during the March rally and the ribbon campaign in memory of the victims of Clifford Olson.

CAVEAT relies upon the generosity of individuals, organizations and community groups for funding. Without such financial support, we could not continue our valuable work.

We kindly thank all of our members and donors.

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