CONFERENCE
My Take on things: (notes by) Deanna
HALIBURTON (DAY2) NOVEMBER 28th 2004
Unfortunately, Jonathan stopped to use the washrooms situated in the park. A group of local teenagers who live in his neighbourhood (ages 16-17) attacked him and punched him. Somehow Jonathan managed to get away, and rather than going directly home, he ran the other way. The gang got in a car and followed him.
Jonathan tried to hide between two houses behind a bush but they spotted him and attacked him again. He could not escape as a large fence between the houses trapped him. They knocked him down and kicked him viciously until they fractured his skull.
Jonathan almost died several times, on the way to Toronto Sick Children's Hospital and on the operating table. It was over 3 weeks before he was stable enough to be moved to the trauma center at Sick Children's Hospital. Joe and Lozanne never left his side in the critical care ward. The kicks to Jonathan's head and upper body shattered his skull and bone fragments severed major arteries. The internal bleeding was so massive; it compressed Jonathan's brain into his spinal cord, resulting in ripped and torn neuropathways and damage to the brain stem, the frontal, parietal and temporal lobes.
Jonathan was transferred to the Bloorview Center, a neuro-rehabilitation centre for children under 18 at Leslie and Shepherd, where he remained in a coma for the next 2 � months. It was uncertain whether or not he would ever recover.
Joe and Lozanne lived with him in his room, never left his side and tirelessly worked with Jonathan to provide positive stimulation to all of his senses. They took over his nursing care and would not allow anyone, including doctors to speak negatively in his presence.
Miraculously Jonathan gained consciousness several days before Thanksgiving. He is now working hard to regain the functionality that he once had. His progress is slow. Jonathan is still being cared for at the Bloorview Center . Joe and Lozanne were able to take him home on weekends and recently Jonathan was able to have a feeding tube removed from his stomach, which was very uncomfortable. Jonathan is undaunted by all of this and is determined that "he can do it" and that he will be the same as he was before the vicious attack.
Jonathan's attackers were arrested within 48 hours and were charged at a preliminary hearing with attempted murder and were free on bail to enjoy their lives with their families.
Each day is a struggle for Jonathan but failure is not an option.
Jonathan and his family continue to remain positive and believe that hard work, positive thoughts, love and understanding will ultimately see Jonathan as good as new.
The young men that attacked Jonathan are 16 and 17. They are well educated and live in an affluent area. They have caused previous problems at their school and have intimidated many other individuals before they attacked Jonathan. They are not innocent young kids who accidentally got involved in something that they believed to be harmless.
They are now enjoying the benefits of the "Young Offenders" legislation in Canada.
JOE WAMBACK
Founder, Chairman & Director of Canadian Crime Victim Foundation
Joe has become a well-known victims rights advocate and has presented to the House of Commons Justice Committee and Canadian Senate Committee representing and advocating positive legislative change.
Joe was awarded the Queen's Golden Jubilee Medal in 2003 for proving positive change for the community and country.
Joe is also the recipient of the Positive Impact Award in recognition for his contributions presented by Positive Impact Foundation for creating a positive influence in the community.
LOZANNE WAMBACK
Support Chair for �CCVF�
Lozanne is an honours graduate in Science from York University and is a personal trainer, a profession which she has practiced full time until the injury of her son Jonathan. Lozanne provides professional training services to selected clients in her home studio as well as supports and works diligently with victims of violent crime in Canada.
"Each and every person; each and every community can and will benefit socially and psychologically from the humane treatment of its victims of crime. Canadians deserve a better future and quality of life"
The Wamback family has researched and worked with victims of crime, service providers and justice personnel and have begun to understand:
� Criminal activity
� Victim aftermath
� Criminal legislation
� The legal system
� How existing victim supports serve victims
SERIOUS TALK ABOUT THE TRUE COST OF CRIME.
"The American September 11th Victim Compensation Fund sets a new standard for Americans to help victims of crime rebuild their lives. Finally, the fund draws from general tax revenues, acknowledging a societal obligation to crime victims" ***
In 1999-2000 Canada spent $10.5 Billion for law enforcement and corrections. Compare that with the roughly $2 million the Federal government makes available each year for victim compensation and support services.
In addition to that Federal money, additional provincial funds are made available solely from offender fines and penalties.
It is fundamentally wrong to commit federal and provincial tax dollars for every aspect of our response to crime, except compensating victims.
Crime wreaks havoc on victims' lives. Many victims of crime will suffer decreased work productivity, lowered academic performance and strained family relations. Depression, suicide, as well as drug and alcohol abuse are far more common among crime victims than in the general public.
Victimization of our young people by their peer groups cause school drop outs, ruined futures, and increased vulnerability to drugs, early pregnancy, low self esteem and criminal conduct.
Crime also takes an enormous toll on families, communities and society at large. When significant portions of the almost 8 million people who become victims of crime each year remain psychologically, physically and financially unstable, there are real consequences. We all pay a heavy price for failing to help victims rebuild their lives.
The American response to the Sept. 11 victims must also challenge us to think about how we as a society address victims' needs.
The Canadian prison population exceeds 30,000 convicts.
Victims of violent crimes far outnumber the offenders.
But can we determine the value of a human life, or the value of innocence destroyed or family units broken, or the loss of productivity of any survivor?
The loss of income sustained by a murder victim's family as well as the cost of counselling a rape victim. Murder cost society on average $2.7 million*. And while a robbery on average nets the robber $2,900 in actual cash, it produces $14,900 in "quality of life" expenses to the victim*. Rape, the secret crime, and assaults cost $40,800 in "quality of life" expenses.*
Since 1975, Convicted murderers on parole have murdered 489 Canadians.**
The cost to the Canadian Society? $1.3 billion*
In the year 2000 alone:
24000 Canadian women were raped**
Cost to Canadian society � $980 Million*
582 Canadians were murdered**
Cost to Canadian society � $1.6 Billion*
27000 robberies were committed**
Cost to Canadian society � $403 Million*
234000 Assaults were committed**
Cost to Canadian society � $7 Billion*
*Mark Cohen, Vanderbilt law professor, tallied all of the costs associated with various kinds of crime. All dollar amounts shown are in US Dollars.
** Statistics Canada
***Susan Herman is executive director of the National Center for Victims of Crime, Washington, D.C.
Joe spoke of �THE TEN KEY PRINCIPLES OF "BALANCED JUSTICE"
1. A societal commitment to help victims of crime rebuild their lives.
2. Victim centered forums, to listen, discuss what happened, what individual victim's needs are and formulate appropriate response programs.
3. Priority access to social services.
4. Emergency, transitional, and ongoing services as needed.
5. Compensation for economic losses, pain and suffering and ongoing crime-related needs.
6. Fair, balanced and respectful treatment of victims within the Criminal Justice System.
7. Enforcement of Restitution Orders.
8. Recognition that the impact of crime may require special allowances.
9. Safety planning to prevent repeat victimization.
10. Regular surveys of victims and the creation of a confidential victim data base.
1. A societal commitment to assist victims of crime rebuild their lives.
We must recognize that many victims of crime have had their lives inexorably altered and we must create a national strategy and commitment to assist them to rebuild their lives to the greatest extent possible. We must establish that moral imperative, we need more public dialogue about how the powerful, and life-changing impact of crime on individuals ultimately produces tremendous negative consequences for us all. I believe that when the public really understands the strong link between victimization, revictimization, poor mental health, unwanted pregnancy, alcohol and drug abuse, homelessness, unemployment, suicide, delinquency, crime and so many overwhelming social problems, then we, as a nation (or community) will put far more resources into creating "Balanced justice", helping victims rebuild their lives. Resources that will "give victims a voice", and "create balance" This commitment must extend to all victims of any crime. They must have the right to participate fully in, and be treated with dignity and respect by, the health care, social service, and criminal justice systems. Everyone who has been harmed by crime, who wants help to recover, should get the help they need.
Balanced justice cannot make distinctions or label crime victims by the very nature of the crime committed against them. Someone who has been mugged and lost their wallet, or has been assaulted has a right to be present and participate at all critical stages of the criminal justice process, as should someone who has lost his entire life savings through a telemarketing scam.
We cannot be satisfied with victim's compensation legislation that provides minimal financial compensation for victims of violent crime and ignore victims of burglary and identity theft? We have allowed our victim services to be too narrowly focused. A victim of crime is a victim of crime, and the first essential ingredient of "Balanced Justice" is a commitment to help all of them rebuilds their lives.
2. Victim centered forums, to listen, discuss what happened, what individual victim's needs are and formulate appropriate response programs.
Society must to hear the personal accounts of crime, to understand victims' experiences to be able to address the impact of crime, to prevent it and to respond to it.
We also need to hear victims' stories to be able to help them and those that follow with the most appropriate and effective services and resources. My experience reveals that this process can be therapeutic in and of itself to know that someone and in this case, our governments, cares enough to take the time to listen.
I have spoken to and listened to the accounts of victims telling their "stories". I have been amazed by the many victims who have said how important these sessions have been for their sanity and well-being.
This forum is not a psychologist providing therapy or a family member providing caring attention, it is a forum representing society as a whole, through the government, listening to crime victims.
"Balanced Justice" forums should provide a comfortable, non-adversarial process.
It should be triggered by a police report giving the opportunity for victims to participate, without having to prove who committed the crime. Victims should be given the chance to explain the impact of the crime, and help identify what they need to assist them to restore their lives. They should also be able to submit their statements in writing or in person and come back again as often as their needs require. The goal should be to convey, "What happened to you was wrong and we, as Canadians' will do everything we can to help you.
3. Priority access whenever possible to social services.
What should we do for the person who has been mugged and is now too frightened to leave home to buy food or go to work? Should they be offered counselling, should we try to organize transportation for them? What happens to a bank teller who was held up and can no longer face going to work in a bank? Should we help them learn how to earn a living a new way? What can we say to the elderly victim of a telemarketing scam who lost his or her entire life savings and can't earn it back? Should we offer emergency financial assistance? What can we offer the battered woman who wants desperately to leave her violent home but will need a job, day care, and new housing to do it? Can we make her a priority? What do we say to the young victim of sexual assault, incest or child abuse, who has begun to use drugs to numb the pain? Can we give him priority access to drug treatment?
"Balanced Justice" should make every effort to help victims feel safe and attempt to restore their lives. Crime harms everyone involved directly and indirectly and we need to reintegrate victims, as well as offenders, back into productive community life.
Only the government can marshal the resources needed to address victims' long-term, complicated problems. The necessary health care, job training, or the relocation needs, cannot be addressed by offenders and neighbours alone. Society must take stewardship and ownership of "Balance Justice".
4. Emergency, transitional, and ongoing services as needed.
"Balanced Justice" requires awareness of the impact of crime on individuals, families, and on communities. All victims should be attended to directly after the crime occurs. All victims should be offered a variety of services from supportive counselling and psychotherapy to very practical assistance such as financial advice or new locks for smashed doors and new glass for broken windows. Services offered must go beyond crisis intervention; they should be available on an ongoing basis to meet victims' long-term needs. This ingredient recognizes that a crime may last only a moment, but its impact can be felt for a lifetime. In many cases the traumatic devastation of crime does not set in until years after the fact.
5. Compensation for economic losses, ongoing crime-related needs, and pain and suffering.
In 2001-2002, the Federal government expended nearly $11 billion for law enforcement and corrections. Compare that with the roughly $?????(RESEARCH REQUIRED HERE) the government makes available each year for victim compensation and support services�money that comes solely from offender fines and penalties. With rare exception, Ontario for example relies almost solely on offender fines to fund programs for victims, as though victims' well being is solely offenders' responsibility.
I believe it is fundamentally wrong to commit federal and provincial tax dollars for every aspect of our response to crime and criminals and ignore financing for our response to victims. Lessons can be learned from the post-September 11 experience in the United States. Shortly after the attacks, federal tax dollars were used to fund an enormous amount of services for victims of the attacks, from mental health counselling, to relocation, to employment training. We also witnessed an unprecedented attempt by the American government to compensate victims for their financial losses. Congress created a new September 11 Federal Victim Compensation Fund to help victims regain financial security. The Fund set a new standard in America in helping victims of crime rebuild their lives.
Unlike current and woefully inadequate provincial compensation legislation that provide crime victims minimal aid to cover immediate out-of-pocket expenses, the American initiative makes significant strides in addressing victims' long-term needs. In fact, in many respects, it provides a good model. The Fund also draws from general tax revenues, not just offender fines, acknowledging a societal obligation to victims and sending an important message that we are all helping these victims get back on track. Can we continue to compensate all victims of crime at the same level as the American model or the September 11 Fund? Probably not�but the critical question should not be whether our tax payer dollars should be used to help victims at all, but rather how much can we afford.
6. Fair and respectful treatment of victims within the Criminal Justice System.
As "balanced justice" principles are implemented across Canada, we must continue to advocate for fair and respectful treatment of victims when they interact with the traditional offender-oriented criminal justice system. Fair treatment and balance for victims within the criminal system will provide additional benefits to the future of our Canadian justice system.
� Victims and the public at large will have greater confidence and trust in the criminal justice system if victims' views are heard, regardless of the outcomes.
� Participation and fair treatment in the process of determining what happens to an offender is often a part of what victims need as a result of a crime.
The victims rights movement developed a new role in the form of Provincial Victims' Bill of Rights in the criminal justice system by attempting to create participatory rights including the right to consultation before plea agreements, the right to be present during critical stages of the process, the right to provide victim impact statements, the right to be heard at sentencing, the right to participate in parole hearings, and the right to notice of release. These rights must be entrenched in law to provide legal rights and remedies for crime victims, not just statements of principles that are routinely ignored at the whim of the justice system.
A recent study found that even in provinces with strong legal rights for crime victims, nearly two-thirds of victims were not informed of the pre-trial release of the accused, half of all victims in cases resulting in plea agreements were not given an opportunity to consult with the crown prior to the plea agreement, and nearly half were never notified of the sentencing hearing at all. As a nation, our collective conscience tells us to vigorously uphold due process guarantees for offenders (Canadian Charter of Rights and Freedoms,) not only because it's good for individual offenders, but also because these rights reflect a higher value, how we as a society want to treat our citizens. Crime Victims rights should also be entrenched in our Canadian Charter. It's fair, it's the right thing to do. "Balanced Justice" requires that we hold true those values of fairness and justice for victims. We need to create an expectation that victims are treated fairly in the criminal justice system. We need to create strong legal rights, and we need to enforce them.
7. Enforcement of Restitution Orders.
Just as rights should be enforced, court orders of restitution should be enforced. Restitution is particularly important to victims. A restitution order is recognition, by the courts and society, that the offender has a specific obligation to the victim, to repay the victim for specific losses. From a victim's perspective, a restitution order conveys a powerful message that their experience matters to the court, and their losses are real. The widespread failure to enforce these orders conveys another message that talk is cheap, that the courts don't really mean what they say, that even victims who endure the hardships of the court process get no more than an empty promise. So, restitution orders must be enforced, to enhance the credibility of the criminal justice system, but more important to provide justice for victims.
8. Recognition that the impact of crime may require special allowances.
In the aftermath of September 11 in New York City, Governments bent over backwards to ease the many burdens facing the victims of the attacks. They announced that victims would get federal tax relief, that they could postpone or reduce payments on federal college loans. The Workers Compensation Board and life insurance companies decided to accept affidavits in lieu of death certificates to expedite the processing of claims. The federal government, through the Department of Labour, created services and temporary jobs for workers temporarily or permanently impacted. The government even provided equipment and training for those in transitional employment, and, whatever state victims compensation programs did not cover in the way of crisis counselling, funeral expenses or clean up. The point here is not that every crime victim should be given all of these allowances, rather, that we should, as a nation, always consider how crippling the impact of crime can be, and continue to bend rules when we can afford to do so. This could mean more than time off from work to attend court proceedings. It could also mean providing tax relief and low-interest loans, job retraining, and certainly allowances for late payments, and flexibility regarding other legal obligations.
9. Safety planning to prevent repeat victimization.
It is well known that after you become a victim of almost any kind of crime, you are more likely to be victimized again. It is therefore in the interest of victims, and society at large, that reasonable steps be taken to prevent repeat victimization. Perhaps our most fundamental imperative for all crime victims is to provide for their safety. This means that, when police respond to a crime, a primary goal, in addition to collecting evidence and apprehending the offender, should be to reduce the chances that the victim will be victimized again. Victims cannot rebuild their lives if they are unsafe or fearful. Victims that must attend court should have separate waiting areas, free from interaction and intimidation from the accused. Every victim deserves a safety plan and victim advocates should be involved at every step along the way, supporting victims, bringing their expertise into the safety planning process. This obligation extends beyond the police. When judges set bail conditions, they should consider victim safety. When crowns enter into plea agreements, they should consider victim safety. When Corrections Canada release prisoners back into the community, and parole agencies supervise them, they should also consider victim safety. Every case, every time, every victim.
10. Regular surveys of crime victims.
Because crime affects both individuals and communities, the only way to effectively understand what specific resources are needed and what services should be available is to conduct regular surveys of victims.
The first should be a random household victimization survey, where the public is interviewed. This can tell us the kinds of crimes that are taking place in our communities, reported and unreported, as well as the nature of the crime and the prevalence. The second survey should be of individual victims to tell us whether they are being treated appropriately and respectfully by criminal justice, victim service providers and social service agencies.
We need to know, at the community level, whether crime prevention strategies make sense and whether appropriate services are available to meet the actual needs of crime victims in any given community. To create "Balanced Justice", we need a number of ways to listen to victims, on a regular basis, and household victimization surveys and focused victim interviews provide objective, efficient, and useful ways to achieve that goal. The focused victim surveys will provide the answers necessary to design and implement services that will be of the most benefit for those in need. Services that will be timely, effective and consistent. Without this information we cannot react proactively to victims needs.
The Canadian Crime Victim Foundation stands poised to work with all levels of Government to implement the Balanced Justice initiative across Canada.