Rights of girls who are victims of violence

• WHAT IS BILL C-2?

  Bill C-2 is an Act to amend the Criminal Code and the Canada Evidence Act which expresses a commitment by the Canadian government to increase protection for children and other vulnerable persons who find themselves involved in the criminal justice system as victims or witnesses. Highlights of Bill C-2 amendments include expanded child pornography provisions, expanded provisions to the offence of sexual exploitation, increased maximum penalties for child related offences and the creation of mandatory minimum sentences, increased availability and facilitation of testimonial aids and the creation of new voyeurism related offences.

• WHAT DOES BILL C-2 HAVE TO DO WITH JUSTICE FOR GIRLS?

  Justice for Girls (JFG) believes that the amendments created by Bill C-2 have the potential to have a positive impact on the experience of girls who become involved in the justice system. However, JFG also believes that the changes brought about by the enactment of Bill C-2 will only be meaningful if those changes are relentlessly enforced within the court system.

  JFG believes it is not enough to assume the professionals within the criminal justice system will be the ambassadors for these changes. That is why we believe it is our responsibility to educate girls about their rights under this act so that they are aware of their rights and can also push for their rights to be enforced

• TESTIMONIAL AIDS AVAILABLE AS OF JANUARY 2, 2006

  Prior to the enactment of Bill C-2, section 486 of the Criminal Code provided for a variety of protections/accommodations for child and youth victims or witnesses. Bill C-2 expands upon those protections and also states that these protections will be made available to persons under the age of 18 upon application. In other words, if a witness/victim who is under the age of 18 requests a testimonial aid it will be made available to them unless it can be demonstrated (by the defense) that doing so would interfere with the proper administration of justice. Such testimonial aids include:

  • exclusion of the public
  • presence of a support person
  • a variety of testimonial aids such as screens, closed circuit television or another device
  • not to be cross examined by the accused where the accused is unrepresented

  “Crown counsel must inform the child or youth victim or witness and the parent or guardian about these available accommodations. Crown should make an application for an order where appropriate, taking into account all relevant factors, including whether the witness requests one of the accommodations. Any witness may be permitted to testify from outside the courtroom or with a screen or other device on any offence if it is necessary to obtain a full and candid account. A judge must appoint council to cross examine a witness if the witness is under 18 or is a victim in a case of criminal harassment, unless doing so would interfere with the proper administration of justice. In all other cases, the court may appoint council to cross- examine a witness if it is necessary to obtain a full and candid account. Furthermore, any witness under 18 is permitted to have a support person present unless the accused shows why this would interfere with the proper administration of justice. Lastly, video recorded evidence from victims or witnesses who were under 18 at the time of the alleged offence may be admitted unless the judge thinks it would interfere with the proper administration of justice”.*
  (*Information gathered from a summary prepared by Lee Porteous, Headquarters Crown Counsel, 2005)

• THE EXPANDED OFFENCE OF SEXUAL EXPLOITATION & BILL C-2

  Bill C-2 amends section 153 of the Criminal Code to better protect persons between the ages of 14 and 18 from violence.  Bill C-2 shifts the focus to the wrongful conduct of the exploiter as opposed to the issue of whether or not the young person consented to such conduct. Bill C-2 makes it so that consent is negated by virtue of the existence of an exploitative relationship with a young person. According to the Criminal Code an “exploitative relationship” is one which is based upon trust, authority or dependency. In recognition that there are many factors which contribute to the exploitation of young people, Bill C-2 amends section 153 of the Criminal Code to include a list of factors to be considered by a judge to determine the existence of an exploitative relationship. Such factors include:

  • The age of the young person
  • The age difference between the person and the young person
  • The evolution of the relationship; and
  • The degree of control or influence by the person over the young person
    
    
  • THE NEW OFFENCE OF VOYEURISM

  In recognition of recent technological advancements in video recording and surveillance, Bill C-2 targets voyeurism as both a sexual and privacy offence.

• INCREASED MAXIMUM PENALITES & MANDITORY MINIMUM SENTENCES

  Bill C-2 also demonstrates a heightened awareness of the gravity of sexually based offences by increasing maximum available jail terms for sexual offences where the victim is under 14 and also imposes mandatory minimum sentences upon those convicted of sexually based offences. For example, the maximum available jail time for Criminal Code offences under sections 151, 152 & 163 have been raised from 6-18 months if the Crown proceeds summarily. Furthermore, mandatory minimum sentences have also been imposed when sections 151. 152 & 163 have been violated resulting in 14-45 day minimum prison sentences for convictions.

  Prepared by Brianne Nowicki

  “I am a woman,
  And if I live I fight,
  And if I fight I contribute to the liberation of all women,
  And so victory is born even in the darkest hours”
  -Author unknown-