Victim Matters. Volume 4, Issue 6, July 2014
Transcription
Victim Matters. Volume 4, Issue 6, July 2014
Welcome to the July/August Issue of Victim Matters, A Publication of Victims of Violence. IN THIS ISSUE… VICTIMS VOICE: Please share this publication with colleagues and friends, or have them sign-up to receive it by emailing victim_matters@victimsofviolence.on.ca. MY DAUGHTER - REHTAEH ANNE PARSONS - MEANT EVERYTHING TO ME by Glen Canning …………………...1 LAYING DOWN THE LAW: Victim Matters would not be possible without Funding from The Department of Justice-Victims Fund. TELLING THE TRUTH: THE USE OF TESTIMONIAL AIDS TO HELP WITNESSES PROVIDE EVIDENCE............……...…..…3 EXPANDING THE HEADLINES: Department of Justice Canada Ministère de la Justice Canada Views – expressed or implied – in Victim Matters are not necessarily those of the Department of Justice. REWARDS PROGRAMS: THE KEY TO SOLVING MANY CANADIAN CRIMINAL CASES..................................4 SPOTLIGHT: VICTIMS VOICE SHEDDING LIGHT ON A HIDDEN CRIME: THE BC OFFICE TO COMBAT TRAFFICKING IN PERSONS………………...….6 RESPONDING TO WHAT MATTERS TO YOU MY DAUGHTER - REHTAEH ANNE PARSONS MEANT EVERYTHING TO ME RESTRICTIONS ON SEX OFFENDER RESIDENCY..................7 EXPLORING OTHER ISSUES IS HEALING POSSIBLE AFTER A TRAGEDY? By Heidi Illingworth...............................8 By Glen Canning It’s difficult for me to write about my daughter without coming across as angry and cynical. The truth is I am angry and cynical. My daughter, Rehtaeh Parsons, was violated in November 2012. She was violated again by an indifferent police investigation and it feels like our family continues to be violated by a system more interested in excuses than justice. I don’t know how to tell this story anymore. I have more questions than answers and it starts to sound like I’m selling a conspiracy. An angry dad not wanting to see his daughter in bad light no matter what the evidence says. I understand that’s how I might seem and I hope whoever reads this just gives me the chance to explain why I’m angry, hurt, and cynical. In November 2012 my wife Krista and I were home alone, in bed reading. It was past ten o’clock and we were about to call it a night when the phone rang. It was Rehtaeh’s mom. She said she had the worst news - as bad as I could ever imagine. She was wrong. The worst news came a year and a half later in a hospital corridor. The silence of that early morning let the doctors words echo in my head and down the hall even though he barely spoke above a whisper. “This is as grim as it gets,” he said, “She won’t recover.” And with those few simple words my life would never be the same. I learned at that time my precious daughter would not be a survivor, she would be a victim. I would die with her in that bed. I would die and walk out the door forever changed. I would no longer look forward to sharing all she was going to do in life. She’s a story now. Memories, pictures, dreams, glimpses of her in the city, and brief moments when I forget she died and think of calling her. My daughter - Rehtaeh Anne Parsons - meant everything to me. She was my sunshine, my pride and joy. My only child. She was the girl who reached through her pain and suffering to give me the last words I would hear from her, “I love you dad.” She said them the day before she decided her life was not worth living anymore. She said those words in my car as I dropped her off at her mom’s. I watched her walk into the house and I drove away. Rehtaeh died April 7th, 2013. She killed herself. The passage to her death was hell. I remember everything about the week she was raped. Her mom’s voice, shaking, telling me Rehtaeh was attacked the weekend before at the home of some boys a new friend took her to. It was supposed to be a sleep over. Something fun teenagers do. Something safe and normal. The following year was a nightmare. I can’t bring myself to say living hell because there was no living about it. Hers was a slow, painful death. We watched our caring, loving, compassionate, and intelligent daughter turn into an unrecognizable ghost. Bloody, scarred, angry, afraid, fixated on death and suicide. It seems unbelievable how this story unfolded. In brief, the assault happened while she was throwing up from drinking too much vodka and it continued into the next morning. Four boys Continued on Page 2 Victims of Violence Canadian Centre for Missing Children 340-117 Centrepointe Drive, Ottawa, Ontario K2G 5X3 1-888-606-0000 1 raped her. One of them took a photo of it with a cell phone. For the next few days they spread around the story and the photo. They said she was a slut. They openly admitted she was throwing up sick while they had sex with her. Their description was graphic, they held nothing back. Later text messages sent to Rehtaeh would read, “Are you the slut hanging out a window throwing up and getting f---ed?” When Rehtaeh broke down and told her mom what happened the police were called, then a crisis team, and the local sexual assault centre. The assault centre was, and continues to be, amazing. The police might as well as not bothered to pick up the phone at all. For the officers involved with Rehtaeh’s case I can only look back and wonder why? Why didn’t you do something? I see other charges and cases for similar crimes and it’s so maddening. Why didn’t you do that in my daughter's case? Why didn’t you care? Most of the time you didn’t even offer us the courtesy of returning our calls. Rehtaeh hung herself in the bathroom of her mom’s house on the evening of April 4th, 2013. She died alone, fighting the demons to the end. We donated her organs as she would have wanted. I had a letter arrive a few months ago from a 17 year old that now has the chance to live a full life thanks to Rehtaeh’s heart. The letter ends with a promise that they’ll take good care of it. Rehtaeh could have written it. What happened after Rehtaeh died still seems surreal. Her mom, Leah Parsons, went home from the hospital and wrote a few words on Facebook about losing her daughter to bullies and rapists. The story exploded and soon the boy in the photo with Rehtaeh tried to call her. He wanted to explain what happened. He said everyone is blaming him for her death. He then reached out to her on Facebook. Leah told him she has nothing to say to him and that if he wanted to he could inbox her what happened. So he did. She screen captured his long confession and forwarded it to the police and they reopened the case in light of “new and credible evidence” that came forward. A few months ago an officer involved with making training videos for the Ontario Provincial Police interviewed me as part of a victims’ of crime series. He asked if there was anything I’d like officers to know. There is and it’s simple — if at the end of your investigation if you don’t believe you have enough evidence to lay charges we would understand. We know nothing is perfect. We just would want to know that you did everything you could. That you tried. That you cared. As a police officer, victims and victims’ families shouldn't be left with dozens of unanswered questions about what you did and didn’t do. The following week an officer sat in my living room and told me the statement the boy made to Rehtaeh’s mother didn’t tell them anything they didn’t already know. So based on that they should have already known Rehtaeh was throwing up as four boys had sex with her, that she had to be carried around the house, that they took a photo of it and sent it to God knows who, and that when they were finished they had to dress her because she was unconscious. The police claimed they already knew all of that. It was and remains infuriating that the police told Rehtaeh there wasn’t enough evidence to lay charges. We knew it would end that way if the investigating officer didn’t bother to collect any. How else could it end? At one point the officer told us not to tell her how to do her investigation but we weren’t telling her anything of the sort. We were wondering instead, why she wasn’t doing any investigating at all. And yet, they did nothing when it would have mattered. All of what I just wrote is in that kids email along with his plea that he’s “not a rapist.” Clearly, something is wrong here. The police had a photograph of a rape in progress (and there is no other way it can be interpreted), a confession, and, if they wanted to put some effort into it, dozens of people who got photo-text messages sent to them by two of the boys who say it’s Rehtaeh in the picture. They closed the case after almost a year. Few witnesses were spoken too, no cell phones seized as evidence, no visits to Rehtaeh’s school, not one of the four boys Rehtaeh said raped her — the ones that openly bragged about having sex with her as she threw up — were spoken to by police. Not one boy, during the entire year-long investigation. Instead it appeared the investigation was focused on Rehtaeh, what she did, and what she said. Does that seem right? We did everything we could to save our daughter. She was in and out of therapy. She spent five weeks in a youth mental health centre. Moved in with me, away from the drama, but as it turned out, not the photo or the story. A reporter later told us the photo spread throughout the whole school district. Hundreds of people ended up with it and probably still have it. VICTIMS OF VIOLENCE “VICTIM MATTERS” The police later appeared on national television and said there is no evidence to substantiate a charge of sexual assault. Saying we were kicked when we were down really wouldn’t do justice to how I felt reading the news a couple weeks after Rehtaeh died. A National Post reporter claimed to have been given access to and had first-hand knowledge of Rehtaeh’s police file. A file we still can’t see. The reporter claimed her source was close to the case and at first I thought it had to be a cop. They were trying to defend themselves. But perhaps it was a Crown Attorney, possibly the one who told the police they weren’t going to proceed with charges. Think about that. Someone in the justice system, linked to this case, could have revealed confidential information about it. What a disgusting violation of our trust. I will never have faith Continued on Page 3 Volume 4, Issue 6, July/August 2014 2 in our justice system again. The reporter's “source” claims that there was an independent witness there that night and that the witness told the police the sex was consensual. We wondered how that could be? Rehtaeh remembers nothing so how could it have been consensual? That article, and the source behind it, has caused me an insurmountable amount of grief. Every time I read something about Rehtaeh there it is, down in the comments sections, someone writing about a witness saying Rehtaeh wasn’t raped. I’ve been targeted online by trolls numerous times who say the same thing my daughter was a slut who made up a rape story. Last December a local reporter from the Halifax Chronicle Herald did an in-depth story about Rehtaeh and the case. Unlike the National Post reporter they actually spoke to the witness who told the police the sex was consensual. When they asked the girl what happened she said that there was a woman in the house that night and if someone was being raped there would have been screaming and fighting, especially if it was by four people. The witness said the woman didn’t wake up so Rehtaeh couldn’t have been raped, thus the sex must have been consensual. Is that why this case never went ahead? Does that explain why nothing was done to bring our daughter justice while she was alive? A case outcome predetermined based on a 15 year old witness with no knowledge of what rape is or what consent means. A girlfriend of one of the boys involved. We’ve tried our best to do as much as we can during the past year in making a difference for the future. I’ve talked to many people about Rehtaeh and her heartbreaking story. We've spoken out about rape culture, cyber bullying, the law, sexual assault, and even weighed in on Bill C-13 [The Protecting Canadians from Online Crime Act]. The Federal Government is going to pass a new law to address the sharing of intimate images without consent. Peace now eludes me. I’m not too big to admit I suffer and am in pain. I will be for a long time I imagine. There are charges in the case before the courts now. Two of the boys there that night are up on child porn charges. We’re not sure why the first investigating officer didn’t go that route. It’s the same photo. Again, more questions than answers. One of the two told me that if I didn’t shut up he’d kill me. He’s being charged for that as well. Once the charges are over Murray Segal, a respected attorney from Ontario is going to launch a review of how the police handled this case. We are eager to finally have some answers. I want this nightmare too end, but I can’t wake up from it unless I know I’ve done everything I can to prevent this from happening to another family. Rehtaeh would be graduating from high school this year. She dreamed of university. LAYING DOWN THE LAW TELLING THE TRUTH: THE USE OF TESTIMONIAL AIDS TO HELP WITNESSES PROVIDE EVIDENCE Testimonial aids are special accommodations made for some witnesses to help them testify in court, and ensure that are able to give a complete and candid account of their evidence. As victims are often called as witnesses, testimonial aids also help to reduce re-victimization. The Criminal Code of Canada sets out which aids and accommodations can be used and for whom in Section 486. These provisions recognize that some witnesses (particularly children under the age of 18 and adults with physical or mental disabilities) may have difficultly telling their stories, and testimonial aids and accommodations can help them to feel more comfortable when doing so. These aids and accommodations include: 1. Witness screens (s. 486.2(1)): A witness may testify behind a screen in the court room, which allows them to make their statements without having to see the accused. 2. Closed-circuit television (s. 486.2(1)): A witness may testify outside of the court room via closed-circuit television. The witness will communicate with the defence lawyer, prosecutor, and other court personnel digitally from a separate location. This testimonial aid is normally reserved for child witnesses (less than 18 years of age) and/or when the judge has serious safety concerns regarding a witness (i.e. those who witnessed a crime associated with a criminal organization or terrorism offence). 3. Support person (s. 486.1(1)): A person of the witness’ choice may be permitted to be present and be close to the witness while the witness testifies. The support person cannot speak to the witness, and cannot be a witness themselves. 4. The exclusion of the public from the courtroom (s. 486(2)): This accommodation may be ordered to ensure that the interests of witnesses are safeguarded (i.e. their privacy is protected), if the presence of people in the gallery would inhibit a full and candid account of their evidence, and/or to ensure the safety of all courtroom personnel. 5. Publication bans (s. 486.4 (1)): An order can be made directing that any information that could identify a witness of any age shall not be published in any document or broadcasted in any way. This accommodation is most often made when the witness is Continued On Page 4 VICTIMS OF VIOLENCE “VICTIM MATTERS” 340-117 Centrepointe Drive Ottawa, Ontario K2G 5X3 1-888-606-0000 3 “THERE IS NO QUESTION THAT IF WE DID NOT HAVE TESTIMONIAL AIDS THERE WOULD BE CASES THAT COULD NOT PROCEED TO TRIAL. IF WE HAVE A WITNESS THAT IS SO TRAUMATIZED, WE WOULD NOT PROCEED WITHOUT TESTIMONIAL AIDS.” - Excerpt of an interview with a crown attorney conducted for the research paper “Vulnerable Adult Witnesses” by Pamela Hurley. the victims and is under the age of 18 years, and/or in proceedings related to sexual offences. 6. Self represented accused to not cross examine a witness (s. 486.3(1)). This accommodation is most often used in cases of sexual assault and criminal harassment, and/or where the witness is under 18 years of age. With this accommodation, an alternative counsel is appointed to cross examine the witness where the accused person has chosen to represent him/herself, and has been charged with one of the previously mentioned crimes. Most testimonial aids and accommodations are applied for presumptively (automatically) when the witness is a child under the age of 18 years, or in the case of an adult where the person has a mental or physical disability. However, any other adult witness may make an application at any time during court proceedings to use an aid they feel is necessary for them to give a full account of their evidence. The prosecutor, through a combination of their own meetings with the witness, the input/recommendations of victim services, and the review of police information, will make an application for a testimonial aid on behalf of the witness if they believe it is necessary. If you are a witness and would like to use a testimonial aid, it is important to let the prosecutor of the case know your concerns as far in advance as possible so that they can make an application. When making a decision about whether to allow a testimonial aid or accommodation to be used, the presiding judge will take into account the age of the witness, whether the witness has a mental or physical disability, the nature and type of the offence, the nature of any relationship between the witness and the accused, and any other circumstance that the judge or justice considers relevant. Usually, the prosecutor will also submit evidence in support of the witness using the testimonial aid, such as a letter from a doctor or testimony from police or victim service providers about their observations of the witness, and the judge will consider this information as well. The judge also has to take into account whether the use of the testimonial aid would bring the administration of justice into disrepute. In Canada, criminal proceedings are open to the public in order to maintain transparency, and banning the public from the courtroom, issuing a publication ban, or even using a screen can impact this important pillar of the justice system. Likewise, the accused has the right to see and hear all evidence presented against him or her and to question all witnesses about their evidence against them. The impact of not allowing a self-represented accused to question a witness or having the witness testify out of the courtroom, for example, must be weighed against these rights of the offender when a judge makes a decision. Consequently, the accused will also have the opportunity to oppose a witness’ application for a testimonial aid, however this happens very rarely. To learn more about testimonial aids, please see The Centre for Children and Families in the Justice System papers on testifying in court at: www.lfcc.on.ca/full_and_candid_account.html. You may also wish to review the following Department of Justice research paper on the use of testimonial aids with vulnerable adult witnesses at: www.justice.gc.ca/eng/rp-pr/cjjp/victim/rr13_15a/rr13_15a.pdf. EXPANDING THE HEADLINES REWARDS PROGRAMS: THE KEY TO SOLVING MANY CANADIAN CRIMINAL CASES There are numerous programs in Canada that offer monetary rewards for information leading to the conviction of criminal offenders. Police credit the availability of monetary incentive with bringing in key pieces of information to investigators in many cases. In addition to being a tool for information, rewards programs also serve to keep these cases in the public spotlight, as well as show victims and their families that they have not been forgotten. The different rewards programs frequently make headlines, as the news media serves as an important tool in disseminating information about the availability of rewards offered in unsolved cases. Recent headlines have highlighted new cases eligible for rewards as well as rewards that have been increased in existing unsolved cases. The Rewards for Major Unsolved Crimes program in Nova Scotia made headlines in the spring of this year, when the murder of Kevin Martin was added to the list of cases eligible for reward. Thirteen-year-old Kevin went missing from his Stellarton home in May 1994 and it was initially believed by police that he was a runaway; however, the discovery of his remains in November 2000 led police to conclude that he was murdered. The Rewards for Major Unsolved Crimes program was founded in 2006 and offers a reward of up to $150,000 for information leading to the arrest and conviction of person(s) responsible for specific crimes. The cases are recommended to the provincial justice department by local police agencies if they feel the case could be moved forward with the reward as an incentive for people to come forward. There are currently Continued on Page 5 Victims of Violence Canadian Centre for Missing Children “VICTIM MATTERS” Volume 4, Issue 6, July/August 2014 4 THE CRIME STOPPERS TIP LINE IS STAFFED BY TRAINED PERSONNEL WHO RECEIVE, PROCESS, AND PASS ON TIP INFORMATION TO INVESTIGATING OFFICERS. CALLERS ARE GIVEN A CODE NUMBER WHICH IS USED IN ALL SUBSEQUENT CALLS AND CALLERS DO NOT HAVE TO IDENTIFY THEMSELVES. A REWARD OF UP TO $2,000 IS OFFERED TO ANYONE PROVIDING INFORMATION WHICH LEADS TO AN ARREST FOR A CRIME. REWARDS MAY ALSO BE MADE FOR INFORMATION LEADING TO THE RECOVERY OF STOLEN PROPERTY, THE SEIZURE OF ILLEGAL DRUGS OR AN ARREST ON AN OUTSTANDING WARRANT. over 70 cases listed on the government’s website, now including that of Kevin Martin, with the majority being homicides and missing person’s cases. For Martin’s mother, she stated in a CTV News interview (May 20, 2014), “I don’t know how they can live with themselves, knowing what they’ve done to a little innocent boy that didn’t deserve that.” She hopes that after the long, emotional journey her family has gone through that the reward will encourage someone to come forward with information pertaining to the case. The Nova Scotia Rewards for Major Unsolved Crimes program has been successful in compelling several tipsters to come forward in the last number of years. Police credit the program with being the difference in solving the homicide of Melissa Peacock in 2012; the key tip coming in to the hotline the same month the reward was offered. Police also credit the program with leading to two other murder charges in the deaths of Narico Downey and Ryan White. When Downey’s July 2012 death was added to the program in September of that year, a man was charged the following month. White’s July 2010 death was added to the program in July 2012 resulting in arrests made the following month and official charges laid in August 2013. Similar to the Nova Scotia program, the Ontario Provincial Police also offer rewards for information that leads to the conviction of an offender, although to a smaller maximum amount of $50,000. In June 2014 the unsolved hit-and-run death of Nancy Quick in Windsor was added to the program with the full maximum reward offered. Det. Insp. Dave Hillman of the OPP’s Criminal Investigative Branch stated in a Windsor Star article (June 6, 2014) that the OPP never closes the files of unsolved homicides, and that the investigation team remains confident that someone holds information that will be key to helping them solve this case for the victim and for her family and friends. He hopes that the new monetary incentive will encourage a member of the community to come forward with this information. The Nova Scotia and Ontario reward programs are the only province-wide reward programs in Canada, however many municipal police agencies have their own programs, usually funded by local police commissioner boards. An example of a municipal reward program that has made recent headlines is that of the Regina Police Service (RPS). On June 25, 2014 with the ten year anniversary of the disappearance of Tamra Keepness approaching, the RPS announced the doubling of reward money offered for information in her case from $25,000 to $50,000. Five-year-old Tamra went missing from her family’s home in Regina July 5, 2004 sparking the largest search in the city’s history, however she has never been found. Tamra’s father, Troy Keepness, summarized to news media the importance of reward programs to the families of victims, especially in cases like his daughter’s where the person has been missing for many years: “It means a lot. Tells me that the city police are looking into this and it gives me hope.” On a national level, most police agencies (including local and provincial forces, as well as the RCMP) also partner with the Canadian Crime Stoppers Association to offer rewards to people who may have information on any number and variety of cases, not just major crimes. Unlike the police or government based programs already mentioned, Crime Stoppers is a charitable agency and is funded by donations of money, goods and services from the community. Since its inception, Crime Stoppers has lead to over 189,000 arrests and has seen almost 14 million dollars in rewards paid out to tipsters. The maximum reward amount that can be offered to tipsters through this program is $2,000 for information leading to an arrest. While this is a lesser amount of money than other programs offer, this program is unique in that tipsters are allowed to remain anonymous, whereas with the other police and government programs they may be required to present themselves to the police or in court to provide information in order to receive the reward. Interestingly, it has also been recently reported in the media that some police officials do not believe that it is the incentive of money that brings forth tipsters, rather, it is the added publicity that cases receive when a reward is offered. For example, Toronto Police Det. Sgt. Graham Gibson stated to The Star that rewards keep attention focused on cases and offer comfort to victims’ families. Alternatively, Darlene Ross of Crime Stoppers Toronto offered her explanation to The Star that often rewards are not given out because people simply call in tips in order to do the right thing, not necessarily for the money. Clearly the use of rewards programs, whether by providing a greater incentive for tipsters to come forward, by keeping the case alive in the media through announcements of rewards, or to assure the families of victims that their loved one’s case has not been forgotten, has been beneficial in both recent and historical cases. As in the case of Kevin Martin, decades may pass without families receiving closure and police labeling a case solved. It is the hope of victims and criminal justice officials that offering a monetary incentive will elicit information that may otherwise have remained unknown. Continued on Page 6 VICTIMS OF VIOLENCE “VICTIM MATTERS” 340-117 Centrepointe Drive Ottawa, Ontario K2G 5X3 1-888-606-0000 5 Whether directly or indirectly leading to the resolution of a case, the use of rewards programs has a positive effect for victims and law enforcement alike. seeking protection and services in B.C. And finally, by lending their expertise to local, national and international efforts to prevent human trafficking. For more information on Nova Scotia’s Rewards for Major Unsolved Crimes program see: http://novascotia.ca/just/Public_Safety/Rewards/ Some of the specific activities that OCTIP takes part in include assisting communities in developing local service networks and community responses to human trafficking, developing prevention-based education for youth about domestic human trafficking, and negotiating the roles and responsibilities of key community and government partners regarding human trafficking responses. Perhaps their most important activities are those related to increasing public knowledge of human trafficking, however. As OCTIP’s Program and Research Analyst Victor Porter explained, one of the key challenges that OCTIP has faced is “raising awareness of human trafficking, because people believe that human trafficking is something that happens far away in other countries. Connecting it to British Colombia and a Canadian reality is very difficult.” For an interview with the family of Kevin Martin see: http://atlantic.ctvnews.ca/mother-still-searching-for-answers-20-yearsafter-son-s-murder-1.1829980 For more information on Nancy Quick’s case see: http://blogs.windsorstar.com/2014/06/06/opp-offers-50000-reward-inunsolved-nancy-quick-murder/ For more information on the Tamra Keepness case see: http://cjme.com/story/regina-police-double-reward-tamra-keepnesscase/376123 and http://www.reginapolice.ca/2014/06/police-boarddoubles-reward-in-tamra-keepness-case/ SPOTLIGHT SHEDDING LIGHT ON A HIDDEN CRIME: THE BRITISH COLUMBIA OFFICE TO COMBAT TRAFFICKING IN PERSONS In 2005, the RCMP in B.C. requested assistance from the provincial Ministry of Justice to respond to cases of human trafficking, after the new Criminal Code offences regarding human trafficking were brought into force earlier that year. Around the same time the U.S. State Department in its annual Trafficking in Persons Report (known as the US TIP Report) identified the city of Vancouver as a port of major concern for trafficking situations. Both of these events lead to the establishment of the British Columbia Office to Combat Trafficking in Persons (OCTIP) in July of 2007. Soon after, consultations with front line service providers, community organizations and shelter providers confirmed that human trafficking was a growing issue in BC. OCTIP is unique in that it is the only provincial government office of its kind in Canada. The mandate of this office is to develop and coordinate British Columbia's response to domestic and international human trafficking. To do this, OCTIP follows the 4-P’s approach outlined in the UN’s Trafficking in Persons Protocol that guides countries efforts around the world to combat human trafficking. The Protocol identifies that implementing an effective response to human trafficking requires the prevention of human trafficking, protection of victims, prosecution of offenders, and partnerships with relevant stakeholders. Generally, the office meets these goals in three ways. First, by coordinating services for trafficked persons in British Columbia with key stakeholders such as RCMP, Citizenship and Immigration Canada, Canada Border Services Agency and Public Safety Canada, as well as many community based and aboriginal organizations. Second, by identifying gaps and barriers present in local communities that trafficked persons may encounter when Perhaps equally as important is raising awareness among relevant service providers and stakeholders, and educating them on how to best respond to situations of human trafficking. OCTIP does this in two main ways: through an online training course called “Human Trafficking: Canada Is Not Immune,” and through Train the Trainer events in local communities. The online training program is available for free on OCTIP’s website and is organized into four modules: 1) Defining human trafficking, which discusses what trafficking is, how it is perpetrated, why it is perpetrated, and why victims continue to stay with perpetrators; 2) Canada’s response to human trafficking, which includes information on the Canadian and British Columbian Action Plans to Combat Human Trafficking, the Manitoba Sexual Exploitation Strategy, and the various laws contained in the Criminal Code and Immigration and Refugee Protection Act regarding this offence; 3) How to recognize a trafficked person, which illustrates a number of “red flag” indicators that service providers should watch for; and 4) How to help a trafficked person, which includes information on how to illicit information from a trafficked person and decipher which needs they may have. This training is promoted under the federal government’s National Action Plan to Combat Human Trafficking as the key way to train first responders and service providers on how to both recognize human trafficking situations and provide culturally appropriate care to victims. The training course was recently updated, with the 2nd edition launched on April 14th, 2014. This course is the cornerstone of OCTIP’s commitment to helping trafficked persons and providing information to service providers. OCTIP’s Train the Trainer events have recently occurred in two communities: Prince George and Williams Lake. Four more are going to be conducted this spring and fall in Northern B.C. communities, including Quesnel, Saulteau Continued on Page 7 “VICTIM MATTERS” A Publication of Victims of Violence WWW.VICTIMSOFVIOLENCE.ON.CA 1-888-606-0000 6 “ALL OF OUR EFFORTS HAVE HAD ONE CENTRAL FOCUS- THE TRAFFICKED PERSON. THE OCTIP’S HUMAN RIGHTS FRAMEWORK PUTS THE NEEDS OF THE TRAFFICKED PERSON AT THE CENTRE OF ALL THAT WE DO. WE HAVE WORKED TIRELESSLY TO ENSURE THAT TRAFFICKED PERSONS ARE PROVIDED WITH THE DIGNITY AND RESPECT THEY DESERVE, AS WELL AS THE SERVICES THAT WILL ENABLE THEM TO REGAIN CONTROL OF THEIR LIVES.” - Robin Pike, first Executive Director of OCTIP First Nation, Prince Rupert, and in the Nisga’a community of New Aiyansh. Analyst Victor Porter explained that these projects are two-day training events presented to various community leaders (particularly, aboriginal service providers, nurses, social workers, youth workers and police) that provide information and skills on how they can decipher if someone has been a victim of human trafficking, how to help them, how trafficking looks in their particular region, identifies capacities in the community, and draws attention to services and resources that the community may be missing in order to respond to cases of human trafficking. Importantly, these projects also specifically look at the vulnerability of Aboriginal Peoples in the community, and OCTIP works with local community organizers to address those risk factors. Aboriginal people face unique vulnerabilities to human trafficking due to colonization, racism, the legacy of residential schools and extreme poverty. Also as part of their awareness raising and training efforts, on March 5th, 2014, in collaboration with West Coast Domestic Workers Association and the International Centre for Criminal Law Reform and Criminal Justice Policy, OCTIP completed a project that helped them to further their work in the area of protecting vulnerable workers. On this day, the organizations ended their “Preventing Labour Exploitation and Trafficking of Live-inCaregivers” project, which had been a yearlong undertaking to provide legal education to more than 200 live in caregivers and service providers in 14 B.C. communities. In addition to discussing ideas for preventing the trafficking of live-in-caregivers, the project also resulted in recommendations on how British Columbia could address the broader issue of labour trafficking, particularly regarding how to increase the number of investigations and successful conviction or perpetrators. These projects are just a small sample of the work that OCTIP has completed over the last seven years to address human trafficking in BC. In the future, analyst Victor Porter stated that OCTIP plans to continue to implement the B.C. Action Plan to Combat Human Trafficking. Porter states that “while much progress has been made in the coordination of services when a trafficked person emerges, this is something that still needs to be improved.” To date, OCTIP’s success and positive impact can been seen in the fact that it has assisted in more than 200 cases involving trafficked persons since 2007, and in the last year has received almost forty trafficking related phone calls on its toll free, 24 hour assistance line. OCTIP’s integrated response to human trafficking in B.C. and has contributed greatly to Canada’s wider response to this grave breach of human rights. For more information on OCTIP, please visit their website at: www.pssg.gov.bc.ca/octip/about.htm. To view and take part in their online training course, please visit: http://www.pssg.gov.bc.ca/octiptraining/index.html. For assistance with coordination of services in BC 24 hours a day, 7 days a week please contact the OCTIP help line at: 1-888-712-7974. OCTIP staff can also be reached during regular office hours at: 604-660-5199. “THE DIVERSE NEEDS OF DIFFERENT REGIONS OF THE PROVINCE WILL BE TAKEN INTO ACCOUNT, SUCH AS THOSE OF RURAL, REMOTE, ABORIGINAL, AND URBAN COMMUNITIES IN EFFORTS TO EFFECTIVELY ADDRESS HUMAN TRAFFICKING IN BC. OCTIP WILL TAKE INTO ACCOUNT ITS PROVINCE-WIDE MANDATE WHEN DEVELOPING RESPONSES TO HUMAN TRAFFICKING.” – One of Ten Guiding Principles of BC’s Plan to Combat Human Trafficking. RESPONDING TO WHAT MATTERS TO YOU Q: Are residents notified when a sex offender is living in close proximity to them? What if they have children? – Marie from Halifax, NS A: RESTRICTIONS ON SEX OFFENDER RESIDENCY Upon release from a correctional facility, sexual offenders can be restricted from living close to (i.e. within 1000m) areas where children are likely to be found. These areas include those such as schools, parks, or daycares. However, unless there is a very specific concern about a particular individual or family, a sex offender cannot be prohibited from living in a home or apartment complex where families with children may live. In some cases, when an offender is going to be released, the public may be notified of their release if the police and correctional services feel that the person poses a significant risk to the community. Generally, the type of information that the police can disclose to the public in these situations includes a picture of the offender, their name, their past Continued on Page 8 Victims of Violence www.victimsofviolence.on.ca “VICTIM MATTERS” Volume 4, Issue 6, July/August 2014 7 “PERSONS CONVICTED OF A SEX OFFENCE ARE OBLIGATED TO REGISTER [WITH THE NATIONAL SEX OFFENDER REGISTRY] WITHIN 7 DAYS OF CONVICTION AND/OR RELEASE FROM A CUSTODIAL INSTITUTION. THEY MUST RE-REGISTER OR NOTIFY THEIR LOCAL REGISTRATION CENTRE ANNUALLY AND EVERY TIME THEY CHANGE ADDRESSES OR LEGAL NAME.” Royal Canadian Mounted Police, National Sex Offender Registry offences, the area where the offender is expected to reside, the type of person who is at risk from the offender (ex. adult females, children), and any other information necessary for public safety. These notifications are meant to ensure that all residents in a specific area are able to take suitable measures to protect themselves, and are not meant to encourage vigilante actions or other activity against the identified person(s). These notifications are only made when a specific safety concern has been identified; a notification will not be made in all cases for all sexual offenders who are released. In Canada, the public does not have access to information about all sex offenders on provincial or federal registries. For general information about the release of offenders, please visit: www.publicsafety.gc.ca/cnt/cntrng-crm/crrctns/protctn-gnst-hgh-rskffndrs/faq-eng.aspx Have a question you’d like to see answered in the next issue? Email us at: victim_matters@victimsofviolence.on.ca. you can do to help someone in your community who may be struggling: 1. Be there. Some people think that those who experience trauma need space to sort things through. Assume the opposite. Most people need others to be present. Being there for someone, even if they are an acquaintance, is powerful and appreciated. Don’t be afraid or let your own busy life get in the way. 2. Don’t compare losses. Although it is natural to try and offer words of comfort to someone, it is not helpful to compare traumas. Losing someone in a traumatic event is not the same as losing a much loved pet or someone who is elderly and has lived a full life. 3. Offer practical assistance. Non-verbal expressions of love are healing. Bringing food or helping with household chores are simple, kind gestures that will be appreciated and remembered. 4. Do not say “you will get over it”. In a traumatic loss, there is no such thing as closure or getting over it. People have to learn to cope without a treasured loved one in their lives – it is a new normal and it takes time to heal. EXPLORING OTHER ISSUES: IS HEALING POSSIBLE AFTER A TRAGEDY? By Heidi Illingworth The community of Nanaimo, BC is reeling following a shooting on April 30th at a sawmill. Kevin Douglas Addison has been charged with two counts of first-degree murder and two counts of attempted murder for the attack that took place where he used to work. Earlier this month, Kaiti Perras, 23, Josh Hunter, 23, Zackariah Rathwell, 21, Jordan Segura, 22, and Lawrence Hong, 27, were fatally stabbed at a house where they were celebrating the last day of classes at the University of Calgary. When tragedy strikes in communities across Canada citizens suffer a traumatic loss. Grief after a traumatic event is a lifelong journey that transforms someone. Each person goes through the process in a different way and in their own time. There are challenges along the way that can disrupt the healing process, or provide strength and a pathway to move forward. The support of family, friends and acquaintances is critical as people cope with loss and try to create new meaning in their lives. There are simple things 5. Listen & offer long-term support. Individuals and families who experience traumatic loss will be dealing with it for the rest of their lives. Let them know you are here for them now and in the future. Offering compassion and active listening are key. As human beings, we have a tendency to want to solve problems and repair brokenness. Yet, what people need most in the aftermath of tragedy is someone to be there with them. People who are suffering need to have control over their lives and the ability to make choices. Being there for someone who is in pain is difficult, but your presence will show them they are not alone and that they have support as they move toward healing and recovery. Heidi Illingworth is the full-time Executive Director of the Canadian Resource Centre for Victims of Crime. Since 1993, the Canadian Resource Centre for Victims of Crime (CRCVC) has been a leader in advocacy for victims and survivors of serious crime in Canada. For more information about Heidi or the CRCVC, please visit http://crcvc.ca/. Continued on Page 10 Continued on Page 9 Victims of Violence www.victimsofviolence.on.ca “VICTIM MATTERS” Volume 4, Issue 6, July/August 2014 8 “RESTORATIVE JUSTICE IN THE COMMUNITY CAN RESULT IN BETTER OUTCOMES, LOWER REOFFENCE RATES AND GREATER CONFIDENCE OF VICTIMS” - Justice Minister Andrew Swan MANITOBA EMBRACES AN ALTERNATIVE APPROACH TO DEALING WITH VICTIMS AND OFFENDERS The government of Manitoba has recently introduced legislation which would enhance restorative justice and community-based solutions in the province. The provincial Justice Minister, Andrew Swan, stated that Manitoba is seeking to create a balanced approach to increase public safety and reduce crime. The intention of the Restorative Justice Act is to provide a framework to further develop restorative justice programs and increase their use for adult and young offenders across the province. Also included in the Act is an instruction to create a Restorative Justice Advisory Council to provide advice and expertise to the Justice Minister about the development of effective restorative justice programs. Restorative justice provides a way for offenders to be dealt with outside of the traditional court system. The goal is to repair harm that has been caused and make amends to the victim and the community by working with community representatives and whenever possible, the victims of the crimes. Restorative justice also helps the offender identify the root causes of their behaviour and then allows them to address the personal risk factors that may cause them to re-offend. Justice Minister Swan noted that public safety is enhanced through restorative justice processes because it has been shown to decrease offender recidivism. He also indicated that the use of restorative COMMENTS OR FEED BACK? IDEAS? We encourage you to send us your thoughts to: victim_matters@victimsofviolence.on.ca TELL YOUR STORY: Make a submission for “VICTIMS VOICE” justice would help support a more effective justice system in Manitoba as these cases would be handled in the community outside of the traditional court process. The diversion of some cases away from the court system frees up resources to be used for those cases which are more pressing to public safety and would also assist in reducing over-crowding in correctional facilities. There are currently several programs that provide an alternative to the traditional court system available in Manitoba. These programs will be enhanced and utilized as part of new legislation. They include: mediation services; Onashowewin, a community-based, non-profit organization dedicated to establishing restorative and holistic approaches for achieving justice; Salvation Army programs; the Prostitution Diversion Program; FireStop; and community justice committees that work directly with offenders. For more information on Bill 60 - The Restorative Justice Act please see: https://web2.gov.mb.ca/bills/40-3/b060e.php “This Bill promotes the development and use of restorative justice programs in Manitoba. It requires the Department of Justice to develop policies respecting the use of restorative justice programs. It establishes an advisory council that includes people with expertise in the study of restorative justice as well as those with experience in delivering restorative justice programs, counselling or treatment programs or other social services. The advisory council will provide advice to the government on the design and implementation of restorative justice programs.” (Explanatory Note) LINKS OF INTEREST www.justice.gc.ca/eng/pi/pcvi-cpcv/index.html VICTIMS OF VIOLENCE 340 – 117 CENTREPOINTE DRIVE, OTTAWA, ONTARIO K2G 5X3 “Go Paperless” If you have received this publication in paper format and would prefer to receive it by e-mail, please send us a quick e-mail to the address above. “VICTIM MATTERS” A Publication of Victims of Violence DEPARTMENT OF JUSTICE www.justice.gc.ca FEDERAL OMBUDSMAN FOR VICTIMS OF CRIME www.victimsfirst.gc.ca Have a question? E-mail us and have it answered in the next issue. POLICY CENTRE FOR VICTIM ISSUES BC OFFICE TO COMBAT TRAFFICKING IN PERSONS www.pssg.gov.bc.ca/octip/about.htm THE CENTRE FOR CHILDREN AND FAMILIES IN THE JUSTICE SYSTEM www.lfcc.on.ca/index.htm Volume 4, Issue 6, July/August 2014 9