Evaluation of the Justice Canada Federal Victims Strategy

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2 Program Profile

2.1 History of the Program

Justice Canada has been taking steps to respond to the needs of victims of crime since the 1970s, when it entered into cost-sharing agreements with provincial governments for provincial criminal injuries compensation programs. After these cost-sharing agreements ended in the 1980s, Justice Canada began funding pilot projects to encourage the development of victim services and implementation of Criminal Code reforms.

In 1988, FPT Ministers responsible for Justice signed the Canadian Statement of Basic Principles of Justice for Victims of Crime, which was part of a broader federal initiative that included a package of Criminal Code amendments informed by the United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and co-sponsored by Canada in 1985. The Canadian Statement was updated and endorsed by FPT Ministers in 2003, reflecting the progress made in responding to the needs of victims of crime in Canada and providing clear principles that focus on the needs of victims and the practical realities of the criminal justice system.

The Parliamentary Standing Committee on Justice and Human Rights launched, in the spring of 1998, a comprehensive review of the victims’ role in the criminal justice system. Its report, Victims’ Rights – A Voice Not A Veto, was tabled in the House of Commons in December 1998. The federal government’s response (also tabled in December 1998) supported the Committee’s recommendations and set out in the government’s strategy. This strategy included a suite of amendments to the Criminal Code related to victims of crime (former Bill C-79 which received Royal Assent on June 17, 1999), and the creation of the federal Victims of Crime Initiative in March 2000.^{Endnote 2} This Initiative established the Policy Centre for Victim Issues (PCVI) within Justice Canada to lead policy development, consultations, research, coordination, and communication activities. It also established a modest Victims Fund transfer payment program that provided Gs&Cs to PT governments and NGOs to develop, promote, and enhance services and assistance for victims.^{Endnote 3} Much of the Justice Canada work to develop a federal strategy and support the Canadian Statement was done in collaboration with the Federal-Provincial-Territorial Working Group on Victims of Crime (FPTWG), which was established in 1996.

The Victims of Crime Initiative was significantly expanded and re-launched in 2007 as the Justice Federal Victims Strategy.^{Endnote 4} The Justice FVS is based on the premise that although many significant advances have been made in services, legislation, policy and programs related to victims of crime, many challenges remain. There are also varying approaches across the country in victim services, programs and policies and many opportunities for the federal government to demonstrate federal leadership in addressing priorities and emerging issues. The Justice FVS has continually evolved to respond to the needs of victims and changes in national legislation and priorities as well as international priorities.

2.2 Program Objectives, Activities and Stakeholders

The ultimate objective of the Justice FVS is to increase access to justice for victims^{Footnote ii} and survivors of crime and give victims of crime a more effective voice in the criminal justice system. The Justice FVS utilizes a multi-pronged approach through three interrelated strategic activities: criminal law reform, program development and delivery, and policy development and federal leadership, which is described in Table 1. Appendix A provides the Justice FVS logic model containing the expected outcomes of the strategy.

Victims can access direct financial support through two Justice FVS funding streams: assistance for victims to attend PBC hearings including support persons to accompany them or for childcare; and financial assistance for Canadians who were victims of serious violent crime abroad including travel and health related costs associated with the victimization as well as assistance to travel to the country where the victimization took place in order to participate in criminal proceedings.

Victims and survivors of crime are the ultimate beneficiaries of Justice FVS activities. Justice Canada works in partnership with PTs, federal departments and agencies, and NGOs/CBOs to meet the expected program objectives. A description of the program stakeholders is provided in Appendix A.

2.3 Program Governance

The work of the Justice FVS is coordinated by PCVI, located in the Criminal Law Policy Section, and the IAID within the Programs Branch.

PCVI manages the multi-faceted policy and criminal law reform components of the Justice FVS, which includes developing and supporting new and ongoing policy and criminal law reform initiatives that meet the FVS objectives, as well as providing victim related policy advice, support, and guidance to other sections within Justice (i.e., program development, research, communications). PCVI has processes and structures in place to support a coordinated federal approach to victim issues and plays a leadership role in interdepartmental collaboration across the federal government landscape (i.e., co-chairing the Interdepartmental WG on Violence and Victimization), as well as in FPT collaboration and coordination through various FPTWGs, including leading the FPTWG on Victims of Crime.

IAID manages the Victims Fund, one of the core components of the Justice FVS, which is used to advance departmental policy priorities in the area of victims and survivors of crime; identify emerging areas of concern and practice; identify and advance promising practices; and advance shared objectives with respect to victim and survivor issues with other levels of government and non-governmental stakeholders. It is also one of the ways the federal government can support victims and survivors of crime while respecting the constitutional division of powers (e.g., through the provision of Gs&Cs to PT governments, victim serving agencies and individual victims of crime).

In addition, the Research and Statistics Division (RSD) provides research support to the Justice FVS. While the Department has undertaken research on victims of crime issues for decades, the Justice FVS provides dedicated funds each year to support contracted work with experts. An annual research work plan is prepared to reflect priorities and address data and research needs and RSD works closely with PCVI officials on all projects. In addition to specific projects, RSD is available to respond to research questions from within the Department as well as from the public, conduct surveys, and participate in relevant meetings in relation to research and data collection about victimization and victim issues in Canada and internationally.

While each directorate is accountable for its own activities, all core activities of the Justice FVS draw on PCVI leadership in the areas of victim and survivor issues, services, and legislation.

Shared FPT Jurisdiction

While the federal government and provincial and territorial governments share the responsibility for responding to the needs and concerns of victims and survivors of crime, provincial and territorial governments in Canada have the responsibility for the administration of justice in their jurisdiction, which includes investigating offences under the Criminal Code, prosecuting Criminal Code offences (except in the territories), delivering victim services, and enacting provincial and territorial victim legislation. Provincial and territorial governments also administer provincial and territorial victim and survivor funds and criminal injuries compensation programs (where they exist), as well as victim surcharges on federal and provincial offences. In addition, they are responsible for service standards, research and the evaluation and monitoring of programs, services, and delivery models within their respective jurisdictions.

Some of the key areas that the federal government has constitutional responsibility include enacting and amending criminal law (Criminal Code, Corrections and Conditional Release Act), monitoring national programs and legislative provisions, victim services and outreach for victims of federally sentenced/incarcerated offenders (e.g., PBC and Correctional Services of Canada [CSC]), prosecution of Criminal Code offences in the territories, Crown-based support for victims/witnesses in the territories and Canadians victimized abroad (note that these are not all within the mandate of the Justice FVS).

In addition to these specific responsibilities, FPT governments have a shared responsibility in the areas of legislative reform, policy and program development, PLEI, research, and training and development. These area of shared responsibility encourages FPT governments to work in a collaborative manner to respond to victim concerns and issues through the Justice FVS and other fora.

2.4 Program Resources

With respect to the Justice FVS Victims Fund transfer payment program, the total budget for the grants and contributions (Gs&Cs) during the years covered by the evaluation (2015-16 to 2019-20) was $125M. The total combined operations and maintenance (O&M) and salary budget from 2015-16 to 2019-20 was $31M. The budget breakdown per fiscal year for the Justice FVS program is presented in the table below.

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Date modified:

2021-08-13