Victim notification and participation in the justice system

Victim participation in the criminal justice
system increased during the 1990s. Attention to
victims’ rights and public safety resulted in
legislation and policies that formally recognized
the role of victims in the criminal justice system.

Prior to legislation that required notifying
victims of crimes about parole hearings, release
dates and movement through the system, it was
Branch practice to contact victims whenever
they wished to be notified. There was no formal
system to ensure that all victims were notified
of important dates and no mechanism to make
all victims aware of the practice.

The victim was also contacted for comment
when probation officers prepared:

» Community assessments for parole hearings
or temporary absences;

» Pretrial inquiries; and
» Predisposition and pre-sentence reports.

Victim comments were included in these
reports, but were especially sought in cases
involving crimes of violence. With respect to
bail clients, victims who were family members
were notified of the conditions of release. They
were also advised what to do if the accused
violated the conditions.

Verbal impact statements at parole
hearings

In 1992, the federal government passed the
Correctional and Conditional Release Act. This act
granted victims the right to attend a parole

heating as observers. Prior to this legislation,
victims could only submit a letter to a parole
hearing,

In July 1996, the federal Wsetims of Crime Act
gave victims the right to request the dates
affecting the custody of an offender. It also
granted them permission from a parole board
to attend a hearing. These rulings significantly
expanded victims’ rights. Although legislation
did not specify verbal statements by victims, it
did not prohibit them.

In December 1996, the B.C. Parole Board,
under the direction of presiding Chair Irene
Heese, introduced a new policy granting victims
or theit representatives the right to make verbal
impact statements during parole hearings. The
Branch facilitated opportunities for victims to
speak at hearings.

In most cases, victims went to institutions
where hearings were held. A process was
developed to ensure victim notification,
preparation of victims entering an institution
for a hearing, and assistance to victims about
follow-up to a hearing.

B.C. was the first province to grant rights to
victims during parole hearings. Victim
participation at parole hearings moved the
process towatds victim/offender reconciliation
and restorative justice. The National Parole
Board started to move in this direction by
allowing victim statements to be read at the
beginning of a hearing,

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Corrections in British Columbia