This bill, called the Addressing the Continuing Victimization of Homicide Victims’ Families Act, changes laws about serious crimes resulting in death. It adds rules about offenders who refuse to give authorities information about where the bodies or remains of their victims are located. If offenders refuse to share this information, courts can view it as an aggravating factor, which can lead to longer sentences or delays in parole. Courts can also order that parole or temporary releases be delayed or revoked if this refusal occurs. The goal is to help families find their loved ones and reduce the ongoing suffering they experience when remains are not recovered.
If a person commits a crime resulting in a death and refuses to tell authorities where the body or remains are, the court can increase their punishment. The offender’s refusal can be seen as an aggravating factor when sentencing, meaning they could get a longer sentence. Also, if they are sentenced to prison for two years or more, they can face a longer period before they become eligible for parole—up to half of their sentence or ten years, whichever is less. This may also prevent offenders from being temporarily released from prison or having their parole approved. These rules are meant to encourage offenders to cooperate and help families find their loved ones. However, opponents say it could result in harsher punishments even if that is not directly proven necessary in the case.
Data on the actual cost of implementing this bill is unavailable. The changes involve additional court considerations, potential longer prison times, and delays in parole or temporary releases, which could increase costs for the justice system. These costs depend on how many cases involve offenders refusing to share information and how often courts impose longer sentences or delays. Estimated cost impacts are not specified in the available information.
Supporters argue that the bill will help victims' families by reducing the ongoing suffering caused by offenders who refuse to cooperate. They say that making refusal to share information an aggravating factor will serve as a deterrent, encouraging offenders to provide information about the location of remains. Supporters believe longer sentences and delayed parole will hold offenders accountable and promote justice, aligning with principles of deterrence (discouraging future crimes) and denunciation (punishing wrongdoing). They see this as a way to address a serious problem in Canada: offenders refusing to help authorities locate victims’ remains and the additional pain caused to families.
Opponents argue that the bill could lead to overly harsh punishments based on behavior that may not be directly related to the severity of the crime. They worry it may infringe on rights by punishing an offender for refusing to share information, which may be protected by legal or ethical considerations. Critics warn that longer sentences or delayed parole might be justified without sufficient evidence of added danger or harm, and could result in unjust outcomes. They also point out that the cost and practicality of implementing these new rules have not been analyzed, and that the focus on offenders' refusal to cooperate might divert attention from other factors important for fair sentencing.