The Tangent Series
Episode 4
The Victim's Act—A Bill of Suggestions NOT Rights
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** Disclaimer**
This blog post reflects my personal experiences and the perspectives I have gained
through them. It is not intended to be a comprehensive guide or a representation of all
victims' experiences, as each person’s journey is unique. The views and opinions
expressed here are my own and do not reflect the official stance of any legal,
governmental, or advocacy body.
Please note that the content of this post may be distressing to some, as it discusses
sensitive topics such as trauma, abuse, and mental health. If you are affected by these
subjects, please take care of yourself while reading.
This post is intended for informational purposes only and should not be construed as
legal or professional advice.
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My Runaway Bride Moment
This tangent might just be the one that does me in—my very own runaway bride
moment. Gung-ho at first, but now I’m eyeing the exit like Julia Roberts in a white dress
and sneakers. Still, here we are, about to wade into the murky waters of justice, victims'
rights, and what I can only describe as the “wink-wink, nudge-nudge” promises of the
legal system.
This one’s a real doozy, folks—so grab your coffee or, better yet, join me and the
“sipping saints” with a glass of wine in hand. (Don’t worry, I’ll circle back to that tangent
another time.) And don’t fret about passing judgment—my husband and kids didn’t peg
me as tough as boot leather on a whim. Let’s just say they might be onto something--
its unfortunately what grew me strong enough to land here in the first place!
I might wade through these waters more successfully if not for the blaring triggers
reminding me that both my oldest daughter and I have had to navigate the tightrope of
victimhood while being inconspicuously disregarded. Oh, and let me mention—I loathe
the words victim and victimhood. These terms have become synonymous with a pity
party of traits that demoralize and minimize the immense strength it takes to claw your
way out of the pit you’ve been thrown into. Nevertheless, I’m stuck with the abominate
label for now. But I will say this much—Victims have been significantly shortchanged.
That said, the subtitle of my book, A Victim’s Journey, isn’t lost on me—the emphasis is
on the journey. As a survivor of childhood sexual assault, that violation hurled my life
into a hellish journey. But the term victim doesn’t even begin to capture the resilience,
grit, or rebirth it takes to rise from the ashes. A Phoenix feels far more fitting.
Let’s start calling it what it is. I’ve never met anyone stronger than someone who’s
fought tooth and nail through a legal system, begging for help, while simply trying to
survive. And what do they get for it? Branded as attention-seeking weaklings sucking
the lifeforce out of society!
For the record, the original title of my book was Wrestling with God – NOT for
Pharisees. I was talked out of it because it was deemed too offensive. I settled on
Blaming God – A Victim’s Journey. Looking back, it’s ironic—almost laughable—that I
accepted the label victim instead of calling out the Pharisaic crap that landed me there
in the first place. And yes, it was Christian advice that guided me there. I promise this –
I won’t cowl again to Christianese sugarcoating, silencing my right to defend in their fear
of being offended!
By the way—I love Jesus with my whole heart and owe everything I am
and have to Him. Jesus Himself intentionally sought out those society marginalized or
harmed, such as the poor, sick and oppressed. He didn’t define them by their
suffering—He healed them, restored them, and gave them a new identity rooted in
dignity and hope.
Scripture reflects this truth. In Isaiah 61:3, it says, “to bestow on them a crown of beauty
instead of ashes, the oil of joy instead of mourning, and a garment of praise instead of a
spirit of despair.” That’s the message of the Gospel—restoration, not stagnation in
victimhood.
We need to follow Christ’s example. He didn’t lock people into a static identity of pain or
pity, and neither should we. Victims aren’t weak; they are warriors—rising, healing, and
reclaiming their stories. It’s time we speak truth, honor resilience, and ditch the labels
that chain people to the past.
I vote that it’s time to retire the word victim altogether.
I regress here—but not without a little heart thumping and rise in blood pressure.
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False Allegations—Rare but Conveniently Overblown
I fully recognize the importance of fair trials. Wrongful convictions and miscarriages of
justice harm everyone, and it’s essential to have safeguards to protect the innocent from
unjust punishment. However, when it comes to victims—particularly in cases of sexual
crimes, which this post will focus on—the scales of justice aren’t just tilted; they’re
doing full-on backflips in favor of the accused.
Let’s tackle the big myth first—false allegations of sexual crimes are rampant. Wrong.
Studies consistently place this figure between 2% and 10%, with most hovering around
the 3% mark. Go ahead, do a quick Google search—I’ll wait.
What’s even rarer? Justice for the victims. Most sexual assaults are never reported.
Those that are face a gauntlet of systemic hurdles, and only a fraction result in charges
or trials, let alone convictions. The scales of justice don’t just tilt; they practically
cartwheel away from victims. But sure, let’s keep wringing our hands over those pesky
false allegations. Priorities, right?
**As a side note—before we dive in, I encourage you to take a look at The Charter of
Rights and Freedoms and the Victim Bill of Rights for yourself. Compare them, dig a
little deeper, and see if you notice any discrepancies in how justice is served. **
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The Charter—A Love Letter to the Accused
You’re likely familiar with the Canadian Charter of Rights and Freedoms, enacted on
April 17, 1982, as part of the Canadian Constitution. Its purpose? To guarantee and
protect the fundamental rights and freedoms of individuals in Canada while balancing
these rights with the broader needs of society.
Sounds noble, doesn’t it? A shining beacon of democracy! There is a little caveat
however, when the Charter defines “all individuals” in Canada…there seems to be a
little heavy handedness (or should I say light) applied to those who are charged with a
crime. So, what about the ones making the charge—the victims? Surely, they too qualify
as participants in this lofty category of “all individuals.” Or do they?
Again, I reiterate my stanch that safeguards against government overreach and
wrongful convictions are the backbone of any just society. But here’s the rub regarding
The Charter—victims don’t even get a mention. Not one line in this vaunted document
acknowledges their existence or their rights.
The reality is this—the Charter is laser-focused on shielding the accused. And while that
might serve justice in theory, it leaves victims on the sidelines, hoping someone will
throw them a scrap of recognition. It’s a glaring omission, especially in a system that
claims to balance the scales of justice.
Really, it’s a masterpiece. Governments, please—protect the accused from those awful
victims of harm. Surely, we’re all just in it for fame, fortune, and glory.
The truth is, the Charter’s framework is a love letter to the accused, ensuring they’re
wrapped in the warm blanket of fairness. Meanwhile, victims are left outside, shivering,
wondering if anyone even notices.
This isn’t to say the rights of the accused should be diminished—far from it. Justice
must be fair, impartial, and thorough. But fairness shouldn’t come at the expense of
those who have already suffered. Victims deserve more than silence in the documents
that define our democracy.
Canada prides itself on fairness and justice. So why is one half of the equation missing
from the conversation? It’s time we write victims into the story, not as an afterthought,
but as equal stakeholders in the pursuit of justice.
The Charter offers clear, enforceable rights to the accused, supported by robust
mechanisms for accountability and action.
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Key Protections for the Accused
1. Presumption of Innocence—Innocent Until Proven Guilty—Fair Enough
Charter Reference: Section 11(d)
Explanation: The presumption of innocence is a foundational principle in criminal
law. Section 11(d) of the Charter specifically states that any individual charged with an
offense has the right to be presumed innocent until proven guilty. This protects against
unjust punishment before a fair trial has been conducted, ensuring that the burden of
proof rests with the prosecution. The principle upholds the idea that it is better for ten
guilty individuals to go free than for one innocent person to be wrongfully convicted.
2. Right to Legal Counsel—Lawyers for Everyone!
Charter Reference: Section 10(b)
Explanation: Section 10(b) of the Charter guarantees that any person arrested or
detained has the right to retain and instruct counsel (i.e., a lawyer) without delay. This
ensures that individuals are not forced to navigate the complex legal system alone,
allowing them to receive advice, representation, and a fair defense. This right
safeguards against coercion and unfair treatment during police questioning and legal
proceedings.
3. Right to a Fair Trial—Neutrality and Fairness are Paramount
Charter Reference: Section 11(d)
Explanation: In addition to the presumption of innocence, Section 11(d) also grants
individuals the right to a fair and public trial by an independent and impartial tribunal.
This protects the accused from bias or unfair treatment during legal proceedings. A fair
trial includes the right to be heard, to confront witnesses, to present evidence, and to
have an unbiased judge or jury decide the outcome. It ensures that justice is not only
done, but seen to be done, upholding the integrity of the judicial process.
4. Protection from Self-Incrimination—Because Silence is Golden
Charter Reference: Section 11(c)
Explanation: Section 11(c) of the Charter protects an individual from being compelled
to be a witness against themselves. This is the right to remain silent and to not testify
in a manner that could incriminate them. The protection against self-incrimination is a
crucial safeguard to prevent individuals from being forced into confessing or making
statements that could be used to their disadvantage. It ensures that the prosecution has
to prove the case beyond a reasonable doubt without relying on coerced confessions or
self-incriminating testimony.
5. Right to Appeal—A Second (or Third, or Fourth) Chance to Set the Record Straight
Charter Reference: Section 7 (Right to Life, Liberty, and Security of the Person) and
Section 11(f)
Explanation: While the right to appeal is not explicitly stated in the Charter, the right
to life, liberty, and security under Section 7 is interpreted to include the right to a fair
process, which extends to the ability to appeal a conviction or sentence. Additionally,
Section 11(f) provides that any individual charged with an offense has the right to be
tried within a reasonable time, which supports the right to challenge a conviction or
sentence. The appeal process allows the accused to request a review of their case by a
higher court, potentially correcting errors made in the original trial and ensuring that
justice is served.
6. Protection from Cruel and Unusual Punishment—Human Dignity Matters
Charter Reference: Section 12
Explanation: Section 12 of the Charter ensures that no individual is subjected to
treatment or punishment that is grossly disproportionate, degrading, or inhumane. This
protection applies to the accused once they are convicted, ensuring that sentencing and
penalties respect human dignity and adhere to principles of justice. It prevents the
imposition of punishments that are extreme or disproportionate to the offense, reflecting
society's commitment to fairness and decency even in the administration of justice.
7. Right to Be Informed of the Charges—Transparency is Key
Charter Reference: Section 11(a)
Explanation: Section 11(a) ensures that anyone charged with an offense is informed of
the specific offense they are accused of committing. This right is crucial for
transparency, allowing the accused to understand the nature of the allegations against
them and to prepare an adequate defense. It prevents unfair surprises during the trial
and aligns with principles of natural justice.
8. Right to a Trial Within a Reasonable Time—Justice Delayed is Justice Denied
Charter Reference: Section 11(b)
Explanation: Section 11(b) protects individuals from unreasonable delays in the legal
process. A timely trial is essential to ensuring the fairness of proceedings, preserving
evidence, and reducing the prolonged anxiety of awaiting judgment. This also prevents
the accused from experiencing undue hardship from prolonged legal uncertainty or pre-
trial detention.
9. Protection Against Arbitrary Detention or Imprisonment—Liberty Matters
Charter Reference: Section 9
Explanation: Section 9 guarantees that individuals have the right not to be arbitrarily
detained or imprisoned. This protection ensures that any arrest or detention must be
lawful, reasonable, and justified. It acts as a check against misuse of state power and
reinforces the rule of law.
10. Right to Habeas Corpus—Challenging Unlawful Detention
Charter Reference: Section 10(c)
Explanation: Section 10(c) guarantees the right to challenge the legality of one’s
detention through habeas corpus. This critical safeguard ensures that individuals can
seek judicial review of their detention to prevent wrongful or prolonged imprisonment.
11. Protection Against Double Jeopardy—No Retrials for the Same Crime
Charter Reference: Section 11(h)
Explanation: Section 11(h) protects against being tried or punished more than once for
the same offense after a final verdict has been rendered. This principle upholds the
finality of legal proceedings and prevents the state from subjecting individuals to
repeated prosecutions for the same act.
12. Right to an Interpreter—Language Shouldn’t Be a Barrier
Charter Reference: Section 14
Explanation: Section 14 ensures that individuals who do not speak the language of the
court or who are deaf have the right to an interpreter. This guarantees equal access to
justice, ensuring that language barriers do not impede the ability to understand the
proceedings or participate in one’s defense.
Each of these rights reflects Canada’s commitment to ensuring fair treatment and
protection under the law for those accused of crimes. The Charter of Rights and
Freedoms establishes these key principles as a bulwark against wrongful convictions,
ensuring a balance between the rights of the accused and the interests of justice.
These are vital safeguards—no argument there. But the Charter’s complete silence on
victims is deafening. It’s like throwing a party and forgetting to invite the person whose
house you’re using.
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The Victims Bill of Rights—Because Token Gestures Count Too
There are few mechanisms in The Charter to directly address the harm done to victims
or ensure their voices are heard.
On that note, a little lesser well-known, if at all, is The Victims Bill of Rights. The Victims
Bill – or CVBR for short, was enacted on July 23, 2015, when it officially came into
force. The law was introduced as part of Bill C-32, which received Royal Assent on April
23, 2015. I imagine the drafters patting themselves on the back for what they likely
considered a groundbreaking moment. But when you peel back the layers, it’s clear this
Bill is more about optics than outcomes.
Oh, but don’t worry, I’m sure that 33 years, 3 months, and 15 days was exactly the
amount of time needed to fine-tune this masterpiece. Because, you know, rushing to
protect victims might have been a bit too... ambitious. And hey, who needs enforcement
or accountability when you’ve got a fancy title like the Victims Bill of Rights? That’s gotta
count for something—like maybe a participation ribbon in the justice reform Olympics.
Everybody gets a participation ribbon nowadays, right?
Now, if you’ll indulge me, I’d love to throw a little hissy fit about how I wish something
like this had existed when my mom and I were battered and left for dead during my
teenage years. But who am I kidding? That could possibly be the most hyperbolic
statement that ever left my lips. So, I did a little digging. (Cue my Pop’s chuckle and his
signature “My Young Missy”) Yes, Pop—I was just as surprised as you!
So, while I’ll suppress my inner cheerleader and refrain from waving pom-poms for this
groundbreaking achievement, let me instead play the humble messenger.
Dear "Victims," allow me to gently burst the bubble:
This Bill doesn’t quite "fit the bill" when it comes to delivering the equality and
justice promised to those of us on the receiving end of harm. Spoiler alert—it’s a
little light on the "rights" part. Sounds great—but the devil’s in the details—or, in
this case, the non-binding language.
So, let’s have a frank conversation. Let’s talk about the “other side” of the accused—the
ones responsible for putting the “A” in Accused. Now, don’t rush ahead and hand me an
“A” for Acquittal. Sure, that fits, but just for a moment, entertain me here. It’s not like I’m
asking for free legal representation or anything!
On a lighter note—while I was deadlifting in one of my training sessions recently, it hit
me—the CVBR is a bit of a “dead-lift” itself. I know, its not even punny! Really, it’s just
toxic positivity wrapped in clickbait. The name sounds nice, but the actual bill... not so
much. Forgive me if I don’t come across all warm and fuzzy, as though I’m overflowing
with gratitude for something tossed our way decades too late.
To my fellow Canadians, those living under this pseudo-wrapped intention of justice, I’m
left wondering: equality for the Charter—or equity? Let’s pause and consider that for a
second. Where’s the reconciliation for those of us who’ve been overlooked, treated like
an afterthought in a meeting, shoved into the margins where we’re not even worth a
footnote in the history books?
I suppose we could always rely on jury nullification—because, apparently, juries can
acquit someone they believe is guilty if they feel the law is unjust. Imagine if victims had
that same kind of power to nullify the harm they’ve experienced or the system’s failure
to protect them. But, hey, let’s not get carried away...
I guess we could file a Freedom of Information request. I’m sure that’s listed under the
CVBR... unless it’s deemed “unfounded,” since, you know, the investigation found no
offense was committed.
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What the CVBR Promises
1. Right to Information: Updates on Case Proceedings (Eventually)
CVBR Reference: Section 4 – Right to Information
Wording to Note:
“A victim has the right to receive, without delay, information about: (a) the criminal
justice system and their role in it; (b) the progress of the investigation or proceedings;
(c) the sentencing of the offender.”
“The information should be provided in clear, simple language and should be
accessible to the victim.”
How a Victim Can Activate This:
While this section states that a victim “has the right” to receive information, it doesn’t mandate
that they will be actively informed. Instead, it suggests that updates “should” be
provided, which implies no firm obligation or timeline for delivery. The language here is
far from binding. Victims must request updates from the police, the Crown prosecutor,
or the court. However, there’s no clear outline of when or how these updates must
occur, leaving much to the discretion of the agencies involved. The vague wording
make it difficult for victims to hold authorities accountable for failing to provide
timely or adequate information.
2. Right to Participation: Impact Statements
CVBR Reference: Section 6 – Right to Participate
Wording to Note:
“A victim has the right to provide a victim impact statement at any stage of the criminal
justice process, including sentencing and parole hearings.”
“A victim may also be given an opportunity to be heard at the sentencing hearing, or at
any hearing relating to parole.”
How a Victim Can Activate This:
Victims have the right to submit a victim impact statement, but this is not automatic; they
must request to do so. It also does not guarantee its application—as the CVBR simply
states they have the right to provide it. The CVBR will "consider" giving victims a chance to be
heard during sentencing or parole hearings, but this is not a guaranteed part of the
process. There is no specific guarantee of how or when this will happen, leaving it to the
discretion of the court and other justice system officials. The inclusion of the word "consider"
again highlights the lack of enforceability—this right could easily be overlooked if the
victim does not actively follow up.
3. Right to Protection: A Vague Promise of Safety
CVBR Reference: Section 9 – Right to Protection
Wording to Note:
“Victims have the right to have their security considered by authorities. They are entitled to measures protecting them from intimidation and retaliation."
“This may include measures to safeguard privacy and identity.”
How a Victim Can Activate This:
While this section promises a right to protection, the word “considered” makes it clear that this
protection is not guaranteed. The “considered” leaves the decision of what measures are taken
(if any) in the hands of the authorities. Victims must actively request these protections,
such as requesting no-contact orders or informing officials of their concerns regarding
potential intimidation or retaliation. However, even with these requests, the actual
protection measures taken are not clearly defined and can vary, potentially leaving
victims vulnerable. As per the CVBR—their "entitlement" to safety is “considered.”
4. Right to Restitution: The Offender Might Pay, But Don’t Hold Your Breath
CVBR Reference: Section 7 – Right to Restitution
Wording to Note:
“A victim has the right to request restitution from the offender for any expenses or losses
resulting from the crime, including lost wages, medical costs, and counseling services.”
“Victims need to request a standard form from the Crown Attorney or a police officer to claim losses."
"Amounts claimed must be easy to calculate and based on records of actual financial loss. The amount can only include losses up to the date that the offender is sentenced (future losses cannot be included)."
How a Victim Can Activate This:
I’ll be honest, I laughed out loud when I read this one. But here goes—the right to
restitution is once again left to the victim to “request,” meaning that it is far from a guarantee.
Restitution depends on the offender’s financial ability, and even when feasible, there’s
no clear outline of how it will be collected or distributed. Victims must actively pursue
restitution (good luck), often through the courts or through victim services, which may
require further paperwork and ongoing follow-up. The vagueness in the language,
especially the repeated use of “request,” means that victims can’t count on restitution
being guaranteed or timely, even if the offender is found able to pay. I personally
especially love the "future losses cannot be included." Victims consider yourself healed
on the day of sentencing! All I can say is, “Don’t hold your breath!”
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The CVBR's Vague Protections
In theory, the Canadian Victims Bill of Rights is meant to provide a broad range of
protections for victims of crime. However, the repeated use of words like “should,”
“may,” and “consider” turns these rights into polite suggestions rather than firm
guarantees.
There’s no clear enforcement mechanism for these promises, and victims are left to
navigate the justice system, often with little support or recourse if their rights are
ignored. For many, these protections feel more like empty promises than actionable
rights—promising much but delivering little.
So, while the CVBR looks great on paper, its vagueness and reliance on victim initiative
to activate these rights leave a lot to be desired. Simply put, the legal system may say
there are rights, but it often falls short on delivering them. Also, let’s not forget—victims
have already been harmed, and the CVBR’s tendency to pass the buck only
compounds that harm rather than alleviating it.
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The Victim's Trajectory: A Legacy of Abuse
So, in light of the unfounded, I’d like to shift the focus to the victim’s journey. Let me
outline the trajectory of a victim’s life—a legacy shaped by my own experiences and
countless others, showing where such cases can potentially lead. I’ll gladly use my own
life as an example.
I’ll keep it brief, as entire volumes could be written on the actual reality of what this looks
like in real life. No description or example I provide here could fully capture the depth of
harm a victim faces and the lasting legacy it leaves behind.
On that note, let’s break down what life could potentially look like for the victim—the
very ones this Bill is supposed to uplift. Spoiler alert—it’s not pretty.
1. Abuse Incident: The Starting Point
The starting point of harm, whether physical, emotional, sexual, or neglect. Trauma
begins here. The immediate aftermath is self-blame, fear, shame, guilt, betrayal,
vulnerability and isolation. Cue the societal whispers of “What were they wearing?” and
“Why didn’t they fight back?” Because, of course, it’s never the abuser’s fault.
2. Emotional and Physical Health Issues
- Mental Health: Trauma victims are at a higher risk of self-harm, suicide attempts,
panic attacks, anxiety, depression, and disorders—basically, a cocktail of misery.
- Physical Health: Chronic illnesses like heart disease, gastrointestinal issues,
migraines, fatigue, and autoimmune disorders courtesy of stress.
- Mid-Life Manifestations: Stress-related conditions accelerate. Worsening of
depression or anxiety without treatment. Substance Abuse—Drugs or alcohol as
coping mechanisms, leading to addiction and further health decline.
3. Dysfunctional Relationships
Trust? What’s that? Relationships become a minefield of codependency, manipulation,
or outright abuse. Inability to set boundaries or assert needs, further perpetuating
unhealthy dynamics.
4. Interference with Work and Education
Trauma doesn’t stop at home—it seeps into work and school. It affects focus and
ambition. Difficulty concentrating, poor academic performance, or dropping out.
Workplace conflicts, absenteeism, or inability to hold stable employment. Financial instability,
exacerbating feelings of inadequacy.
5. Unhealthy Partner Choices
Let’s call this one the “rinse and repeat” stage. Victims often find themselves drawn to
partners who mirror their abuser. Trauma influences relationship patterns and the cycle
continues as victims gravitate toward partners who evoke that familiar “wringing of the
rag sensation” in the pit of their stomach they’ve become so accustomed to. Many
victims stay in toxic or abusive relationships due to fear, low self-esteem, or
dependency, perpetuating the cycle.
6. Passing Trauma to Children (Womb & Parenting)
- During Pregnancy: Maternal stress affects fetal brain development and stress regulation
systems (epigenetics). There is specific research showing that mothers
with post-traumatic stress disorder (PTSD) during pregnancy can have a higher
risk of giving birth to children who experience behavioral or emotional problems.
For instance, children of mothers who experienced trauma or PTSD may have
higher rates of anxiety, depression, and behavioral disorders. This is thought to
result not only from direct maternal behavior but also from biological processes such
as stress hormone transmission. Do your own digging here to further inform.
- Parenting Challenges: Inconsistent or emotionally distant parenting due to unresolved
trauma. Overprotectiveness or neglect, unintentionally modeling harmful behaviors.
Synapsis—trauma doesn’t stop with one generation. Through epigenetics and learned
behaviors, children inherit stress, anxiety, and vulnerability--trauma becomes the family
heirloom nobody wants but everyone gets.
7. Children’s Struggles
The next generation faces their own battles with depression, anxiety, low self-worth and
poor relationship dynamics. Choosing toxic partners due to modeled behaviors. Risk of
becoming an abuser themselves or continuing the cycle of victimhood. Early onset of
stress-related diseases or chronic pain conditions.
8. Generational Trauma
Children grow into adults who mirror their parents' struggles. Each generation
compounds the unresolved issues of the previous one. And so, the cycle repeats,
unchecked by a system that barely acknowledges its existence.
I’d love to put a dollar amount to this life trajectory. Thinking about my own life and that
of my girls, I can’t help but wonder—has this been the reason victims have been
historically overlooked? Could it be that, as a society, we simply can’t afford to
acknowledge them, so it’s easier to minimize and omit them from the equation?
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The Accused's Trajectory: A First-Class Ticket
Now, let’s flip the script and look at the accused’s path under the Charter:
1. Charged with a Crime: Enter a system that bends over backward for fairness.
Legal protections kick in immediately.
2. Access to Legal Counsel: Lawyers, legal aid, the works. Representation
guaranteed, even if unaffordable.
3. Presumption of Innocence: A golden shield against judgment. The system
bends over backward to ensure fairness. Protection from bias or pre-conviction
assumptions.
4. Right to a Fair Trial: Ensures a neutral and just hearing of the case.
5. Protection from Self-Incrimination: Safeguards against forced confessions or
evidence use.
6. Right to Appeal Decisions: Enables further legal recourse if the trial outcome is
contested.
7. Rehabilitation Programs: Second chances galore. Opportunities for self-
improvement.
8. Support During Incarceration: Access to mental health care, education, and
skills training.
9. Early Parole or Reduced Sentences: Opportunities for reduced time based on
behavior or circumstances.
10. Freedom and Restoration: Reintegration with a side of societal sympathy, often
with state assistance with housing and employment.
It’s like a rehab spa, while the victim is stuck dragging a boulder uphill.
The contrast is stark. While the accused enjoys structured support, the victim faces a
fractured and inconsistent system of “maybe-rights.”
The accused’s path often leads toward reintegration and restoration, whereas the
victim’s path risks perpetuating harm and generational trauma without intervention.
The Charter of Rights and Freedoms provides clear, enforceable avenues for the
accused to exercise their rights, with mechanisms like appeals and constitutional
challenges.
In contrast, the Victims Bill of Rights lacks enforcement power. Its promises are merely
aspirational and do not grant victims legal recourse when their rights are violated.
This highlights the imbalance in support systems, calling for greater focus on
addressing victims' needs to create a truly equitable justice process.
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Balancing the Scales—What Victims Need
What would it take for victims to receive the same level of care and consideration? Glad
you asked:
The CVBR represents an important step toward recognizing and empowering victims in
Canada’s justice system. However, its lack of enforceability, limited scope, and potential
conflicts with the Charter reveal its shortcomings. While the CVBR raises awareness of
victims' rights, it stops short of ensuring that those rights are consistently upheld,
leaving ample room for improvement in how the justice system serves victims.
If we truly wanted to ensure rights for “all individuals,” there should be an amendment to
the Charter that applies equally to victims. Just as the accused are afforded rights
based on the charges they face, victims should be entitled to similar protections in light
of the offenses they have suffered.
While the accused is "presumed innocent until proven guilty," it seems only fair, given
the statistics, that victims—particularly those of sexual offenses—be regarded as
"presumed credible until proven otherwise." While I won’t hold my breath for such an
application of rights in the near future (if ever), the CVBR is the best we have for now.
With that in mind, here’s a side-by-side comparison of how the Charter of Rights and
Freedoms supports the accused and how the Victims Bill of Rights (CVBR) “could be”
enhanced to offer comparable support to victims:
Charter Protections for the
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Potential CVBR Protections for Victims
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