Violence can swiftly and dramatically alter the course of our lives, turning us into victims within the familiar spaces of our homes, schools, workplaces, or communities. Whether it manifests as physical assaults, stabbings, shootings, or other forms of aggression, the aftermath can inflict severe physical and psychological trauma and, tragically, even lead to loss of life. Recognizing the importance of supporting victims and safeguarding their rights, the federal government recently appointed a Federal Ombudsman for Victims of Crime to ensure access to vital support services. Concurrently, the House of Commons standing committee on justice and human rights is diligently exploring ways to enhance the alignment of the criminal justice system with the specific needs of victims. It is disconcerting to note that violent crimes witnessed a concerning increase of five percent from 2019, with over 1,313,105 violent crimes reported in the US in 2020.
Black and Indigenous people, young women, sexual minorities, and disabled people are disproportionately affected due to racism, sexism, homophobia, and ableism. However, only about a quarter reported these incidents to the police due to little faith in being taken seriously or fear of re-traumatization from the legal process. However, the sooner you begin working with an attorney, the sooner your legal advisor can begin collecting and preserving evidence to establish a strong defense. Speaking to criminal lawyer Christoper Adams of Adams and Bischoff, LLC can certainly help your case.
How has the justice system negatively impacted victims?
The criminal justice system's default approach is punishing accused perpetrators rather than providing healing for victims. This often excludes them from proceedings and denies adequate access to counselling or compensation. The Department of Justice also found that victims feel re-victimized by this current approach.
Increased policing and prisons are ineffective solutions for this issue because they lead to further violence against vulnerable people in society; if an accused person is found guilty, the current system may cause people to become angrier or even unable to get the help they need, placing more people at risk. The root causes of such problems must instead be addressed through policies that target poverty and racism; unfortunately, these issues are largely ignored by the state, leading to hyper-policing and mass incarceration of disadvantaged people.
An alternative approach known as Restorative Justice (RJ) offers a way forward; through dialogue, justice can be done by bringing victims, those who caused harm, and community members together to come up with a plan for personal change while addressing broader social issues like poverty or racism that also contribute towards violence. With cooperation from both sides plus financial support from the government, restorative justice initiatives could be widely implemented across Canada - something made possible by the Victims Bill of Rights Act (2015), which granted all victims access to information protection, participation & restitution.
In a 2020 progress report from the ombudsman, it was revealed that the bill had seen sporadic and inconsistent implementation due to the absence of a strategic action plan, limited training opportunities for justice officials, ineffective data collection measures, little public awareness or outreach about victims' rights and insufficient funding for restorative justice. Additionally, victims' rights are not legally enforceable, and the legislation only offers a complaints process for possible remedies.
The Justice and Human Rights Committee is expected to publish its report in the coming year. It is our sincere hope that the federal government will allocate funds to provincial and territorial governments, empowering them to enhance victim services and promote restorative justice. Additionally, establishing a dedicated office solely focused on victims' rights, operating across departments and jurisdictions is crucial to implementing a comprehensive strategy. This initiative should extend beyond limited pilot projects and victim education, actively engaging with non-governmental organizations and grassroots collectives to genuinely listen to the voices of victims and drive meaningful transformation.
Conclusion
Real progress for victims necessitates more action than words - this means providing better support for their needs by offering more alternatives for restorative justice systems and overhauling the existing system to make it more human-centric while upholding their rights.
