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Hello, I'm John allre Before you
listen to this episode, a couple of

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things. These are podcasts from the
first season of Who Killed Teresa. They

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haven't been heard in over four years. They're raw, it took me a

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while to develop a style. A
lot of people like them that way,

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unvarnished. Others commented that it was
amateurish. Nonetheless, here they are.

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I'm edited. I haven't gone back
and listened to them, I haven't cleaned

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them up. Thanks for listening.
And once again, life isn't fair.

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Justice is blind and dysfunctional, and
some cops aren't smart and dedicated like on

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television. This is Who Killed Teresa? Hey, welcome to the show.

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This Is Who Killed Teresa a podcast
about criminal justice, social justice, and

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some unsolved murders in the province of
Quebec. I'm your host, John A.

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Lore and I'm excited to welcome today's
guest, Joanne Wemmers. She's here

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to talk about her latest book,
Victimology Canadian Perspective. Joanne is a professor

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of criminology at the University of Montreal
and an international expert on victimology. She

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has published over a hundred articles,
chapters and books on the subject and is

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past Secretary General of the World Society
of Victimology and is the editor of the

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International Review of Victimology. Joanne,
Welcome to Who Killed Teresa? Thanks John,

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glad to be here. Great and
here in Montreal. Yes, great,

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fantastic. I hope you're enjoying a
wonderful Saturday. So, you know,

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by means of an introductory or an
introduction to the book on victimology,

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can you kind of lay the groundwork
a little bit and tell our audience.

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I mean it may be self evident, but possibly not, just the difference

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between criminology and victimology or the relationship
between the two disciplines. Great question,

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and I'll give you the shortest answer
possibly possible. Victimology started by it was

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the criminologist that started saying, you
know, while we're studying crime, we

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should be looking at the victim as
well. Originally, their only concern with

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victims was to help them explain the
crime, because after all, they were

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criminologists. And that was around the
time of the Second World War. After

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the Second World War, gradually there
was an evolution in particularly i'd say after

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maybe even the Vietnam War, where
we were becoming more and more where that

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we shouldn't just be looking at victims
as an actor in the crime, but

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also try to understand the consequences of
victimization, the impact that it has on

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people on their lives. And so
there was a growing call for services as

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well, and we saw the emergence
of the first victim compensation programs in countries

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like England, United States, Canada
in the sixties. Already in the seventies

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it continued. So victimology has grown
from criminology, one can say. Over

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the years, there's been quite a
bit of debate whether victimology is a science

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in a dome right, whether it
should be, or whether it should continue

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to stay part of criminology. The
biggest concern or the biggest argument, I

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think the most important one is that
that criminology really focuses on crime, and

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if you want to be strict about
that, the quote is defined as a

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crime. It finds found in the
criminal Code, which means you're very limited

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in terms of what you can look
at. And that's why some people,

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and I'm one of them, argue
for an approach that's much more focused on

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violes of human rights, including crimes. Crime is a violation of the human

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rights of the victim, and that
allows us the freedom to look at things

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that might not be defined in the
criminal code yet classic example abuses of power

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by the state, for example,
that might not legally be crimes but clearly

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victimization, or simply things that haven't
that are new on our radar. For

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example, in Canada, it wasn't
until twenty fifteen that forced marriage became a

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crime, and yet it was something
that victimologists were looking at already, so

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I think, and it's something that
you find in the UN Declaration of Human

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Rights as well or Universal Declaration of
Human Rights where they talk about the freedom

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of choice when it comes to marriages. So it's clearly a human rights violation

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since the forties the fifties, but
it didn't become a crime in Canada at

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least until very recently. So I
think that that victimology focuses on violations of

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human rights, which can include crimes, so that is a little bit larger

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um. What's interesting as well,
as in recent years we've seen criminology become

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i think influenced by the work being
done in victimology, where you see gradually

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criminologists looking at crimes like genocide,
something which had been ignored essentially since the

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Second World War, surprisingly the crime
of crimes um and yet in the last

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ten years criminologist seems to have rediscovered
that. And I think in part is

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influenced by the work we see in
victimology and its focus on gross violations of

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human rights right and in many ways, I guess in it, in its

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earliest sense, the victim's role in
a court process was in its you know,

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in its infancy, really about prepping
a witness. No, I mean,

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I mean that was kind of was
like you had victims who were witnesses

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to crimes, so that's how they
would be integrated into the criminal process.

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Can you talk about a little bit
of the criminal justice system in Canada and

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how how it exists today and how
in many senses that the victims are marginalized

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from the process today, victims still
are, unfortunately in Canada and I believe

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much so in the US as well, witnesses to a crime against the state,

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which can only make sense to a
lawyer, because it doesn't make sense

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to anyone who has not studied law
that they could be the object, they

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could experience a crime, but actually
technically be witnesses to a crime against the

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state. And that is the beginning
and the explains everything that follows regarding victims

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marginalization in the criminal justice process,
because they are there, as you said,

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as witnesses, not as the person
who has some sort of status unique

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as the person who experienced the crime, and that's why we're One of the

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arguments I make is that that crime
is a violation of the victor human rights

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as well as an offense against the
state, and that I think is an

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important distinction to make. But because
victims are only witnesses technically in the criminal

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justice process, they're essentially marginalized and
have no real role in our adversarial process.

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Once they report a crime to the
police. After that all their power,

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any control they had over essentially given
over to the state, and it's

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the state, or in the name
of the police, or later the prosecutor,

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who will decide whether or not there's
sufficient evidence to warrant a criminal justice

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or prosecute prosecution and etc. So
victims don't have any control and they don't

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have any any sort of unique position
or status in the process. And that's

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a fundamental flaw because it just flies
in the face of what the victims experiencing.

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It's not what people expect, and
it ends up being what we refer

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to as the second victimization, the
first being the crime itself in the second

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one being their treatment mistreatment in the
criminal justice process. Right and din you

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discuss this the idea of we we
tend on the one hand to believe in,

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you know, these these tropes about
a just society, yet on the

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other hand, that the general population
seems totally dis disinterested or disaffected by the

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victims experience. They they kind of
see a stereotype of how a victim should

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be behaved and are sometimes quite shocked
when when their responses to the secondary victimization

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may not fit those stereotypes. There
are all sorts of associations or expectations we

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make of victims um, and the
victim is if you think of the word,

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it's not it's not a pretty word. It's not something um that the

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people are are happy, you know, associating or being labeled with ergo.

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You hear a lot of victims say, I don't like the label. I

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don't want to called a victim.
I'd rather be I'm a survivor. One

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of the arguments I'm make in the
book is that this is before we can

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become a survivor, we first have
to recognize the victimization. So why in

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the book I talk about victims and
use that word even though victims often later

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are want to be recognized as survivors. But yes, the victims come across

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as being particularly strong rather than weak, active rather than passive. This is

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often this can lead to you know, negative reactions or judgments by the public

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in general. I mean some interesting
work done for example by Jan Vandyke where

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he looked at in a series of
victims, high profile victims in Europe,

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for example, including a Natasha Kampusch
who was in Austria who had a horrible

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victimization. She had been captured and
I think it was ten years of age

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and kept for years in the basement
of her the home of her aggressor,

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and finally one day she managed to
escape and he when he realized that she

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had escaped, killed himself. So
there never was a criminal justice a trial.

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But afterwards she was in the media
a lot, and in some of

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the interviews she would describe or her
relationship with her aggressor, not always in

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terms of negative horrible monster. Would
you understand at one level, if if

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from the age of you know,
a childhood right through this person is the

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only person you have your relationship is
it's not just one sided, it's not

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one color, it's it's very nuanced. And the fact that she could even

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have any empathy for the person who
had clearly victimized her and done something that

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was clearly unacceptable, and she was
was frowned upon, and she was in

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many ways condemned, one could say
in public opinion because of her reaction.

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Wasn't what people expected? Something we
see as well. I did a paper

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on it with victims of sexual vibe. Again, we have certain expectations about

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how the victims should react. We
expect victims to denounce immediately afterwards, and

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when victims most victims don't denounce immediately
afterwards. And when they don't, why

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didn't you you know, was there
some editing? So we judge people's behavior

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quite quickly, um as opposed to
trying to understand, you know, the

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psychology of the individual and the impact
of trauma on individuals and their behavior.

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Well, one of the complex things
I think you bring up is that in

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the case of sexual assault, certainly
that over sixty percent of those who are

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assaulted in some way have a relationship
with their assailant. And just think about

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how confusing that can be in terms
of that's that's not a black and white

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world we're talking about at all exactly. And then you see the the you

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know, the nuances, and people
start to blame themselves, and the likelihood

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that the person will report the crime
increases when it's a stranger, when it's

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particularly violent. Um So you see
that it's that that question of how obvious

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is because at its heart victimization recognizing
something as a victimization, it's a subjective

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interpretation. So when something happens to
you, there's no real objective criteria to

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say that was a victimizations. It
depends on how you interpret it. And

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that that's I think is key.
So when you come to a type of

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offense where you know the aggressor and
you know maybe it's less violent, more

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psychological, then you can see there
a lot of nuance becomes difficult for the

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person and they start doubting themselves,
they start questioning themselves, and and that's

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that's the reality that you know,
these things happen in relationships with other human

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beings which are very nuanced, very
subtle things. Can you walk us through

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a little bit briefly of the history
of UM I guess victim's advocacy in Canada.

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I think you mentioned that it began
with the creation of women shelters UM

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and with you know, a great
base of volunteers and has gradually become more

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professional. But that certainly as it
becomes more professional and you know, gets

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gets UM intermeshed with with the government, that there's a danger there of being

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compromised by the co opting of the
victims movement. Yeah, that's something that

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people have been talking about for ages, and I think it's very important.

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I mean, I think no matter
what, we always have to keep,

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you know, a critical thought is
key and we can't be lazy as citizens.

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We always have to ask, okay, is who's benefiting from this?

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And the victims movement is a key
example. There's great work by Robert Elias

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of American political scientist on this,
who looks at the state compensation schemes in

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the nineteen eighties in the United States
and says, you know, who who's

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benefiting from these? Because they're excluding
a large group of victims of violence.

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People with serious needs who are being
categorically excluded. Their criteria are so narrow

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um injury victims are not included.
It's only direct victims of certain crimes.

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So who exactly is benefiting from this? And he comes to the conclusion that

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these programs were put in placement to
a large extent to pay lip service to

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victims, to say, look,
we've done something for victims without actually helping

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victims. And it's quite interesting because
if you do look at the compensation schemes

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in the states, in Canada in
particular, I can speak to that because

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I did an analysis of right across
the country, the ten provinces and the

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three territories, what do we have
And the reality is that a we do

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not have victims compensation across the country. The poorest regions in Canada stopped having

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programs when the federal government put an
end to its transfer of funding, so

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sharing the cost, the burden,
financial burden of these programs, and that

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that would that would be the territories
in Newfoundland correct exactly exactly, and that

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was in ninety three, and so
they and all the rest of the provinces,

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with the well even Quebec tried have
since downsized their programs considerably since then,

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simply because they didn't have the funds
anymore to offer the same level of

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service. M SO. And when
you look at well, who who,

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what are they offering and who are
they offering too, what are the rules

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that go with it, it's very
very limited. UM. Some programs,

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for example in Manitoba, they'll look
at whether or not the person has had

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has been convicted of any sort of
crimes in the last few years. So

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we're not talking about whether your injuries
are the result of a crime, but

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whether maybe five years ago you would
stopped for vagrancy for example. I mean

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we're talking serious crimes, we're talking
minor offenses. And if that was the

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case, well then you'll lose points. And the fact that this has nothing

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to do with your current victimization doesn't
matter. You will get less compensation as

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a result. So there was this
one example recently and that would caught of

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a mother in Manitoba. Her daughter
had been murdered and when she applied to

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get some sort of help paying the
funeral expenses, she was essentially refused because

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her daughter had in the past committed
some crimes, had a record which has

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nothing to do with her victimization,
and therefore she was refused any sort of

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assistance with the funeral costs. And
even if the person were to get offense

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or commit an offense after they'd received
compensation, there too they run the risk

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of having their compensation reduced. So
again you see, it had nothing to

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do with their victimization. So you
have to ask yourself, Okay, well

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what's this about, what are we
doing, what's the objective of these programs

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and what should it be? And
what you see is I think they have

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a follow a criminal justice model where
they're very much rewarding behavior people for example,

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reporting to the police, cooperating with
authorities, law abiding behavior, but

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they're not looking at the knee needs
of the individual. So, for example,

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even if you are an ideal model
citizen, but you have a history

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of victimization and your prior victimizations did
not make you eligible. For example,

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you missed the one year deadline for
compensation in your province. But this new

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victimization, you're able to get compensation
if there are psychological consequences that you're suffering

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and those are in a way a
result of prior victimization. They will not

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provide you with psychological assistance or extended
counseling in order to deal with those the

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damages or the problems that you already
had to your victimization. It really will

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stop there. I had one expert
explain to me it's like if someone had

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a broken arm as a result of
their victimization, and prior to that they

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already had some difficulties moving their arm. They're going to give you physiotherapy to

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sort of fix that, to take
it back to the level it was at

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the moment of your victimization, but
they're not going to restore full operation of

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your arm, so it's very very
limited. UM. And when you know

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that prior victimization puts you at risk
of future victimization, UM, you realize

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that we're creating a vicious circle that
makes it very difficult for the most vulnerable

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members of our society to get out
of UM. And we're really creating two

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separate groups, the haves and the
have not and the most needy are in

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many ways being ignored. Well,
I think I think you hit it right

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there with the bar set that high. Think think of the the marginalized communities

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that you're excluding from the mix.
As you say the people most prone to

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secondary victimization, who need the compensation
the most are being excluded. But these

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are the people who are exposed to
systemic violence. I mean, I think

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that's a good transition point where we
can we talk a bit about the I

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guess what you call that, you
know, the word that which must never

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be said in the victim's movement,
and that's the taboo of victim blaming and

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how it's it's you know, on
the one hand, it's one thing to

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say she wore a short skirt,
she had it coming, but that's not

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really what you're getting at. I
think what you're getting at is that certain

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types of victims are more predisposed to
increased violence due to circumstances and environment,

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etc. Yes, exactly. And
I think once we know that, we

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as a society have a moral responsibility
to invest in crime prevention because no one

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wants to be victimized, not a
first time and definitely not a second,

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third, fourth, fifth time.
So when I think we need to we

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have a responsibility to use that information, that knowledge to target programs, services

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to help those who are the highest
risk of victimization, and those are often

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modernized communities in Canada, in particular
the Aboriginal communities. Women are three times

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more likely to be victimized victims of
violence than non Aboriginal Canadians. That's a

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problem and another, you know,
fascinating points when you look at the Canadian

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Victimization survey that comes out every four
or five years, when they present the

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data, they don't even present the
territories. They present the ten provinces.

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The argument is is that that's because
the territories small population, the data is

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collected differently. In a fact,
up until fifteen years ago, they didn't

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even measure victimization in the territories.
It was only the ten provinces. But

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you have to remember then that what
you're doing is presenting a gross underestimation of

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the victimization rate in the country when
you only look at the ten provinces and

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you exclude the territories, which as
you and I know, are have in

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particularly high proportion of Aboriginal people living
there. It's it's yeah, it's such

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a it's such a poor excuse to
not include the territorial data. And what

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you're doing is you're it's it's a
it's a vicious circle there. You're further

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the more you marginalize, the more
they're gonna I mean, as you know,

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the whole idea is it's a self
reporting mechanism. Victims have to come

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forward and be willing to to to
report. And I think, by by

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most professional estimates, um, two
thirds of crime we're not even aware of.

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But the more you alienate the territories, the more they don't report,

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the more they're subjected to more and
more violence. It's just it's it's a

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no win proposition that needs to end. And that's that's why you need to

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target your services to those who are
the most vulnerable, the most needy,

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in order to put an end to
that spiral, that a circle, and

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that I think is something that has
to start. Well, I think there's

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something has to start with the double
government right the way, because one of

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my largest, way most irritating points
I find is that the Canada has a

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responsibility to the unitetations. It's obviously
it's it's a moral responsibility, not a

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legal responsibility. But you know,
we were behind the creation of the UN

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Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power.

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A whole piece on that on victim
compensation and that member states, you know,

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should make sure that these programs are
available. So Canada then has a

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responsibility to make sure that across the
country these programs are available. And as

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I said earlier, it's not the
case. Why is it that in the

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European Union, which is a union
of sovereign states, they're able to make

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that happen, but we cannot do
it in a country like Canada. That

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makes no sense. It's the only
thing missing, I think his political will

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and money to do it. Yeah, well, what's what's going well?

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I mean what's going on there?
I mean, you touch before on.

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We need to be a little suspicious
about who benefits when we adapt these this

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legislation and policies. So there's there's
many contradictions and in a lot of the

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legislation in Canada. I mean you
cite the Correction and Conditional Release Act,

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which all of a sudden wants to
introduce, which is called to bring you

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the Corrections and Conditional Release Act bringing
Fair Earnest to Victims, which is a

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little odd in itself because that document
really isn't about victims at all. And

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then the same thing with the Bill
of Rights, the recently adopted Victims Bill

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of Rights. It says that all
victims rights are guaranteed by the Charter of

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Rights and Freedoms. And yet when
you go and you look, there's no

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mention of victims rights in the Charter
of Rights and Freedoms, I mean.

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And so with all these contradictions,
it makes it very, very difficult for

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a victim or an advocate for victims
to navigate the contradictions. Whose job is

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it, then, is to sort
out this confusion? But part of it's

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our job, I think, as
as critical citizens to stay aware of these

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what's going on at what it means. I mean, clearly, the examples

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you're naming were um textbook examples of
putting a name on a bill and to

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suggest that you're doing something for victims
with really not doing anything for victims.

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This goes back to playing lip service
for victims that I mentioned earlier, which

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is nothing new, not unique to
Canada, exists in many countries. Um.

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Right. The sex offender database in
the United States is known as Megan's

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Law. Correct, Yeah, right, and and and and you're right,

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that's just putting a label on something
that is really a tool for law enforcement.

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Yes, yes, and to do
it under the name of I'm doing

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something for victims, aren't I a
god good you know, elected representative.

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Correct, this is what they do. But at the same time, what

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what what victims really need? They're
they're not doing anything. Um. So,

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for example, you talk about the
victims, the lack of enforceable rights

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for victims here in Canada, that
was a huge concern. There was a

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long debate, loss of discussions,
lots of papers went over it, and

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finally when they came out, they
just came out with the document which really

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in many ways is nothing more than
what was there before. A little bit

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more, but nothing more, because
you still don't have enforceable rights for victims.

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Um. It would have been so
easy to just add victims rights to

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the criminal Code, as they had
done back in the AG with victim impact

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statements, make procedural rights that victims
at certain moments in the criminal justice process

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have a right to information or to
consultation. That would have done it,

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and and to include then at some
measure of you know, what happens when

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this doesn't happen? So what are
the consequences when victims right access to information,

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for example, is not respected?
And there are examples on the plan

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that we can find in the United
States, for example, where victims have

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participatory rights and the you know these
it doesn't lead to a mistrial necessarily,

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but it can mean that things are
put on hold until the victim at least

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has an opportunity to exercise their right. So that's that's one of the things

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that I argue for, is at
least participatory rights for victims because they're not

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looking for decision making power. We're
not looking to overthrow the criminal justice system

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and give all power to victims.
And you know that that exists, it's

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called civil law. If that's what
victims wanted, they would have gone running

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to that a long time ago.
And they don't because, as I said

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before, crime is a violation of
victims rights, but it's also an offense

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against the state. And that's very
important in perception of victims, that that

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recognition by the society, by the
collection, the group, larger group,

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that it's wrong what happened, It
should never have happened. We don't accept

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that in our society. That is
valuable. That's very important to victims and

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they want that as well. So
it's important that it's recognized as a crime

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as well as a violation of their
individual human rights, and therefore why they

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should have some sort of special status
other than a mere witness to a crime

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against the state, Because it wasn't
a crime against the state, it was

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a crime against them. They experienced
it so that it could we could have

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done so much more. Unfortunately we
haven't, but we can. We might

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still get it in the future.
I'm optimistic that we can still change the

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system and make it more responsive to
victims need. So let's let's unpack that

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a little bit, Joanne, since
since you brought it up, Um,

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there are some other examples I think
in the international criminal courts and in the

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United States more more recently, I
mean here in Canada. Um, really

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that the victims impact on the criminal
process comes towards the end that's sentencing to

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be able to to to deliver a
victims impact statement. But as you say,

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there's other examples where you can have
a victims have their own legal representative

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participating at various stages in the process. And on top of that, all

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the literature suggests that that victims don't
really want to be the ones making the

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decision on what happens to the offender. They're not necessarily looking for punishment and

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retribution. What they're looking for is
is to simply participate, which seems to

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me to be a very unthreatening position. So to turn the corner, what

350
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do you think is so threatening to
the Canadian justice system that they have not

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made enforceable victims rights part of the
bill. That's a great question. It's

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a great paper by edna Is written
back in the nineties, Who was Afraid

353
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of the Big Bad Victim? And
it's exactly to that point, And that's

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it. What are they afraid of? Essentially? I think what we're looking

355
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at at a system because because what
the response keeps on is that people the

356
00:28:36.119 --> 00:28:38.200
government will focus on the rights of
the offender, and the argument is if

357
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we limit the frights of the offender, we will be giving rights to victims.

358
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But that's not what it is.
If you go back to the origin

359
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the history of criminal law, criminal
justice process, originally it was like a

360
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civil process. You had the victim
versus the accused and there was a judge.

361
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Gradually, the state came to play
a bigger role and represent the victim,

362
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to the point where the state completely
took over and the victim became a

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witness to a crime against the state, as we said, and essentially then

364
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you had this omnipotent state against the
accused, a citizen, which is why

365
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it became so important to introduce rights
for the accused, and hence the Bill

366
00:29:18.640 --> 00:29:22.359
of Rights in Canada and in many
countries United States as well, to make

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sure to curb, to limit the
power of the state, to reduce the

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risk of abuses of power. That
explains that those rights apply to all of

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00:29:33.039 --> 00:29:38.119
us and should should not should be
respected. They're vital. We don't want

370
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to reduce those rights. What we
do want is for the state to take

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a step back and say there's room
beside me here for the victim. That

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it's still the prosecutor plays a major
role, but there is room beside them

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for the victim or the victim's lawyer. And this is for example, what

374
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we saw, or I saw when
I was at the International Criminal Court,

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and it was it was fastcinating to
watch. It's literally at the table beside

376
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the prosecution, there was a table
with the lawyers for victims representing victims,

377
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and they had a voice in the
criminal justice process. At different moments.

378
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They could bring in questions, they
could raise their concerns. If it was

379
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a legitimate interest of the victims,
their client was involved, they had an

380
00:30:25.519 --> 00:30:29.759
opportunity to speak, and it was
fascinating just to hear that voice in the

381
00:30:29.799 --> 00:30:33.000
courtroom. It didn't change the decision
making process. It was still the judges

382
00:30:33.039 --> 00:30:37.480
who would decide at the end of
the day what would happen. But you

383
00:30:37.599 --> 00:30:42.079
heard at least the arguments of the
victim's legal representatives. You heard at least

384
00:30:42.079 --> 00:30:45.400
the voice of the victim in that
decision making process, and that, as

385
00:30:45.400 --> 00:30:48.119
far as I'm concerned, that makes
all the difference. That's what this is

386
00:30:48.160 --> 00:30:52.519
about. So I was quite fascinated
by my experiences at the International Criminal Court,

387
00:30:52.680 --> 00:30:59.039
and I think it's something that would
be very interesting to see in countries

388
00:30:59.079 --> 00:31:02.640
like Canada. There's also parts you
know, in the States to some extent

389
00:31:02.680 --> 00:31:07.359
already with the Crime Victims Rights Act
for the at the federal level, at

390
00:31:07.440 --> 00:31:15.039
least victims can as well have legal
representation when their right to participate that is

391
00:31:15.039 --> 00:31:18.559
for information for example, is not
respected in the criminal justice process. So

392
00:31:18.839 --> 00:31:23.680
again, an adversarial system where there
is an ability for victims to have legal

393
00:31:23.720 --> 00:31:29.039
representation, where they have rights in
the criminal justice process. And I think

394
00:31:29.079 --> 00:31:32.720
that's the beginning. If you give
victims rights, the rest will follow.

395
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You will see that they can have
legal representation, It will be worth while

396
00:31:36.559 --> 00:31:41.440
hiring a loyal to represent their interest
in the process, and they will begin

397
00:31:41.480 --> 00:31:47.119
to have a voice, they will
begin to be respected and seeing as something

398
00:31:47.160 --> 00:31:51.160
other than a witness to a crime
against the state. Well, you know,

399
00:31:51.200 --> 00:31:56.680
it's almost like the critics are fundamentally
tripped up, even by the architecture

400
00:31:56.680 --> 00:32:00.799
of the court. I mean,
I was in Ottawa last week. I

401
00:32:00.839 --> 00:32:04.079
had a tour of the Supreme Court
of Canada. Frankly because I was walking

402
00:32:04.079 --> 00:32:06.759
down the street and somebody said,
do you want a free tour? And

403
00:32:06.880 --> 00:32:08.720
why wouldn't I want a free tour? And so yeah, you get in

404
00:32:08.759 --> 00:32:14.240
there, and it's it's a triangle, triangular shape. Yes, there's there's

405
00:32:14.240 --> 00:32:16.720
the judge at the head of the
triangle, and then there's to the left

406
00:32:16.759 --> 00:32:22.279
and the right there is the defense
and the Crown. And that's the way

407
00:32:22.319 --> 00:32:27.759
it's set up. And all I
think anyone is saying is between the defense

408
00:32:27.839 --> 00:32:32.359
and the Crown have a third bench, which is another legal representative at certain

409
00:32:32.440 --> 00:32:39.000
point to express an opinion or a
view, or to ask a question,

410
00:32:39.279 --> 00:32:46.480
and I don't see why that is
so objectional to the criminal process, well,

411
00:32:46.480 --> 00:32:52.480
the lawyers among us, because it's
an adversarial system, what we're saying

412
00:32:52.559 --> 00:32:54.480
already, like I said, an
international coming for which is a hybrid court.

413
00:32:54.880 --> 00:33:00.039
And in the inquisitorial procedures that you'll
see in France, in the Netherlands

414
00:33:00.640 --> 00:33:05.359
another legal tradition, and there that
you can have civil parties and you can

415
00:33:05.400 --> 00:33:08.519
add as many parties as you want
in fact to the criminal justice process because

416
00:33:08.799 --> 00:33:15.119
each party there it's inquisitorial, so
they direct their communication. It all goes

417
00:33:15.160 --> 00:33:20.440
to the judge. Whereas here in
our adversarial which is like a dualistic system,

418
00:33:20.519 --> 00:33:23.079
you have two sides, the crown
in the defense, and in between

419
00:33:23.119 --> 00:33:28.640
them the judge that acts almost like
a referee, observes and just make sure

420
00:33:28.640 --> 00:33:32.880
that the rules are observed, you
know, in this process. So the

421
00:33:34.079 --> 00:33:37.240
argument, by from a legal standpoint
is that in this dualistic system, when

422
00:33:37.279 --> 00:33:40.480
you add a third party, it
throws it out of kilter, it throws

423
00:33:40.519 --> 00:33:46.359
it out of balance. So that's
a question of you know, law.

424
00:33:46.400 --> 00:33:50.960
Again, you're seeing in many ways
that there there's a whole other discussion in

425
00:33:51.039 --> 00:33:58.039
law about um similarities between the inquisitorial
and adversarial procedures, and in many ways

426
00:33:58.039 --> 00:34:00.599
they become the growing more and more
similar. I think that it would be.

427
00:34:00.720 --> 00:34:04.839
And again we've seen in the United
States with the Crime Victims Rights Act,

428
00:34:04.920 --> 00:34:12.320
you can add a legal representative for
victims without sacrificing the quality of the

429
00:34:12.400 --> 00:34:15.400
procedures or the justicess, you know, the justice that's being sought. At

430
00:34:15.440 --> 00:34:19.719
the end of the day. It
would be ridiculous to say the International Criminal

431
00:34:19.760 --> 00:34:24.920
Court is less just because they have
standard legal representatives for victims. So there

432
00:34:24.960 --> 00:34:30.880
is a way to balance these different
concerns. Yes, should want to let's

433
00:34:30.000 --> 00:34:32.960
back it up a bit, because
I think we missed a step and I

434
00:34:34.000 --> 00:34:37.920
think it would be fair to to
listeners to explain this a little bit.

435
00:34:37.920 --> 00:34:43.440
And that's that's talking about victims needs. The Canadian attorney you cite Alan Young

436
00:34:43.920 --> 00:34:50.320
mentions that when when a lot of
what we assumed were what victims wanted,

437
00:34:50.679 --> 00:34:57.679
the policies and legislate legislative actions were
not based on research, and so a

438
00:34:57.719 --> 00:35:02.360
lot of what was developed was was
um on victims needs, was based on

439
00:35:02.719 --> 00:35:09.360
based on stereotypical assumptions. What do
victims really want? Well, what's interesting

440
00:35:09.400 --> 00:35:15.239
is growing literature looking at victims needs
and comparing them to human needs. Hey,

441
00:35:15.360 --> 00:35:17.599
I don't you probably remember Masilo back
in the psychology days that he talks

442
00:35:17.599 --> 00:35:22.960
about is different human needs. Well, philosophers have taken that now further.

443
00:35:22.320 --> 00:35:25.559
Um, But you know, Maslow, what he said is still important,

444
00:35:25.599 --> 00:35:30.519
this idea that we have an iierarchy
of needs, some of them are basic

445
00:35:30.559 --> 00:35:34.360
and fundamental for us survival. And
what we see is there are a lot

446
00:35:34.400 --> 00:35:39.079
of similarities between what victims talk about
in terms of their need um, you

447
00:35:39.119 --> 00:35:44.960
know, need to survive, a
financial needs, emotional needs, etc.

448
00:35:45.960 --> 00:35:50.760
Um. And these basic human needs
need to feel accepted, need to feel

449
00:35:50.800 --> 00:35:55.320
recognized, validated. Again. So
I think that when you draw this comparison

450
00:35:55.400 --> 00:36:00.960
to victims needs and human needs,
it shows you the um, you how

451
00:36:00.000 --> 00:36:06.800
fundamental it is for the well being
of the individual as well as the well

452
00:36:06.840 --> 00:36:10.079
being of society, because I think
if we're able to address people's needs,

453
00:36:10.119 --> 00:36:15.599
I think will come to a healthier
place in our society as well. Yeah,

454
00:36:15.639 --> 00:36:20.719
I think I think a lot of
the Canadian literature aligns with what I've

455
00:36:20.760 --> 00:36:23.920
read in the States, particularly coming
out of the Vera Institute that basically says

456
00:36:24.159 --> 00:36:29.800
the five things that victims want our
answers. They want their voices heard,

457
00:36:30.719 --> 00:36:35.360
they want a sense of control.
They want a sense that the repair can

458
00:36:35.480 --> 00:36:40.599
be repair can be restored for the
harm where possible, and that what happened

459
00:36:40.599 --> 00:36:44.639
to them won't happened again. And
I think that's very basic. No,

460
00:36:44.639 --> 00:36:49.920
no, we're in there is mentioned
punishment. Yeah, it's validation really in

461
00:36:49.960 --> 00:36:53.280
many ways, Yes, and that's
key, and I think that that opens

462
00:36:53.320 --> 00:36:57.719
it up to a whole new discussion, for example, about repairative justice,

463
00:36:58.079 --> 00:37:00.119
which is another topic I write about
in the book. Well, let's talk

464
00:37:00.119 --> 00:37:06.880
about that reparative justice, restorative justice, because it's a very interesting element of

465
00:37:07.000 --> 00:37:10.719
victimology. Yeah. Well, I
use the word reparative justice rather than restorative

466
00:37:10.760 --> 00:37:15.639
because one of the things that we
saw in victimology was there was a lot

467
00:37:15.679 --> 00:37:20.639
of pushback from victims groups, particularly
all about two thousands, we can say,

468
00:37:21.360 --> 00:37:24.519
when restorative justice movement became very,
very strong, and they said this

469
00:37:24.599 --> 00:37:30.760
was a offender oriented it was more
about offenders than about victims. And I

470
00:37:30.800 --> 00:37:37.119
think that it's important to recognize that
the roots of restorative justice are with whether

471
00:37:37.239 --> 00:37:43.000
what's the word offender, people who
work with offenders but that there are elements

472
00:37:43.000 --> 00:37:46.840
in it that can be very important
and valuable for victims and resonate with victims,

473
00:37:46.840 --> 00:37:51.440
that correspond with victims needs. And
I think that we need to have

474
00:37:51.480 --> 00:37:55.400
a victim centered approach to the topic, and that means sometimes using our own

475
00:37:55.440 --> 00:38:00.239
words, our own vocabulary. For
example, in restorative justice, there's a

476
00:38:00.280 --> 00:38:04.280
whole discussion about using not talking about
crime, but talking about conflict, for

477
00:38:04.280 --> 00:38:07.320
example, and that was something that
a lot of victims groups were saying,

478
00:38:07.360 --> 00:38:10.400
Hey, but that's offensive, it's
a crime, don't don't evaluate it,

479
00:38:10.440 --> 00:38:15.480
because that was very important to them
that that recognition of that. I said

480
00:38:15.519 --> 00:38:19.480
it before, that that societal condemnation
of an act as something we don't agree.

481
00:38:19.519 --> 00:38:23.000
We don't want that in our society, that kind of behavior. And

482
00:38:23.599 --> 00:38:29.599
so I think that a victim centered
approach, we can change our vocabulary.

483
00:38:29.639 --> 00:38:32.920
We don't talk about conflicts necessarily,
but we recognize something as a crime.

484
00:38:34.679 --> 00:38:38.840
And so I think that that's good
to develop our own victim centered approach to

485
00:38:39.960 --> 00:38:45.119
restorative justice and hence call it something
different, to make sure that we're distinct

486
00:38:45.159 --> 00:38:49.840
and we can differentiate between the two. So I talk about reparative justice and

487
00:38:49.920 --> 00:38:53.320
the focus on reparation, and reparation
is a broad term can mean many different

488
00:38:53.360 --> 00:38:58.280
things. It can mean financial reparation, which in the legal system we often

489
00:38:58.400 --> 00:39:02.960
unfortunately see it taking back to it
can also largely mean rehabilitation of the victim.

490
00:39:04.480 --> 00:39:07.039
And I think that's where we DW
I draw a link at least with

491
00:39:07.280 --> 00:39:12.840
the state compensation schemes, victims support, etc. What can we do to

492
00:39:13.159 --> 00:39:20.119
help the victim heal well? And
that's that's interesting because because as you note,

493
00:39:20.400 --> 00:39:24.559
in a lot of these reparative restorative
programs, again they were quickly co

494
00:39:24.760 --> 00:39:32.639
opted by the state as a means
for their own self interest with and excuse

495
00:39:32.679 --> 00:39:39.239
me, and by by doing that, totally shafting victims. Yeah, I

496
00:39:39.280 --> 00:39:44.639
mean, why isn't for example,
that these compensation schemes you have to buy

497
00:39:44.639 --> 00:39:47.360
and large not sometimes it's two years, but largely it's one year to make

498
00:39:47.360 --> 00:39:52.559
a request. Why talk about for
example, victims of sexual assault, it

499
00:39:52.559 --> 00:39:57.280
can take years if ever for them
to report it to police. Um So

500
00:39:57.400 --> 00:40:00.719
if I take years before they're at
the point where they can a actually ask

501
00:40:00.719 --> 00:40:06.800
realize that what happened to them is
a crime and that they may be eligible

502
00:40:06.840 --> 00:40:10.280
for compensation, they may be able
to get some sort of help with seeing

503
00:40:10.280 --> 00:40:15.440
a psychologist, for example, because
again often we think about these things in

504
00:40:15.519 --> 00:40:19.360
terms of money. All they just
want money. Now, in Quebec many

505
00:40:19.400 --> 00:40:23.440
places in Canada, seeing a psychologist
is very very difficult, and most people

506
00:40:23.519 --> 00:40:29.039
end up paying for it themselves.
It's not easy to pay one hundred and

507
00:40:29.079 --> 00:40:35.800
fifty three hundred dollars an hour.
Psychiatrists are included in medical in the Quebec

508
00:40:35.960 --> 00:40:38.960
Medicaid the system, but a psychologist
is not, and the ones that are

509
00:40:38.960 --> 00:40:45.920
available in the local health public health
service are overworked, long waiting lists,

510
00:40:46.039 --> 00:40:50.960
very difficult to see them. So
often victims find that they have to have

511
00:40:51.800 --> 00:40:55.400
use private services or which then,
which is why the compensation is helpful from

512
00:40:55.400 --> 00:40:59.920
the state to pay for those private
services if they want to see a psychologist.

513
00:41:00.199 --> 00:41:04.679
We're just talking about a psychologist,
not now becoming rich, you know

514
00:41:05.119 --> 00:41:08.480
right. We have to put it
in perspective, just for the benefit of

515
00:41:08.480 --> 00:41:14.119
our listeners. When we're talking about
the restorative or reparative justice, we're talking

516
00:41:14.159 --> 00:41:22.960
really about a non criminal procedure by
which the victim and the offender get together

517
00:41:22.440 --> 00:41:27.960
and there's a mediation process. Yes, that's and this is an alternative to

518
00:41:28.639 --> 00:41:34.480
say or or a compliment in some
cases too incarceration. Can you tell us

519
00:41:34.519 --> 00:41:37.960
where this, particularly in some examples, works and where it doesn't work very

520
00:41:38.000 --> 00:41:42.119
well? There are a lot of
different ways to do it. What you

521
00:41:42.199 --> 00:41:45.920
said, Mediation is probably the most
popular one where people can exit from the

522
00:41:45.920 --> 00:41:51.880
criminal justice process and go into a
mediation. Victim offender mediation or victim offender

523
00:41:51.960 --> 00:41:57.840
dialogue is another way they say it
sometimes um so that they can discuss and

524
00:41:58.000 --> 00:42:02.840
and and and talk about how the
crime impact them. And then there's the

525
00:42:02.880 --> 00:42:07.960
option to go back into the criminal
justice system for the punishment or go right

526
00:42:08.000 --> 00:42:13.239
through the criminal justice system and then, for example, once the offender is

527
00:42:13.239 --> 00:42:20.000
in the correctional service to then participate
in victim offender dialogue. So there are

528
00:42:20.000 --> 00:42:22.440
different ways of doing it. It
all depends on where you are and what's

529
00:42:22.440 --> 00:42:28.199
available and where the victim is,
because not everyone is immediately ready to meet

530
00:42:28.239 --> 00:42:31.079
the offenders. And again from a
victim centered point of view, this type

531
00:42:31.079 --> 00:42:35.960
of dialogue can happen soon after the
offense. It could happen years after the

532
00:42:36.000 --> 00:42:39.719
offense. It all depends on where
the victim is and whether or not they

533
00:42:40.159 --> 00:42:44.719
want to participate in this say,
it's victim centered, replying to their responding

534
00:42:44.719 --> 00:42:50.039
to their needs. And it may
be that the victim's not ready to discuss

535
00:42:50.079 --> 00:42:52.559
it with the offender. That that's
a big step right away, but it

536
00:42:52.639 --> 00:42:55.559
might be at one point. And
one of the most interesting programs I know

537
00:42:55.639 --> 00:43:01.239
is it works with victims of sexual
assault, where they it's included in the

538
00:43:01.239 --> 00:43:07.440
therapy with victims the possibility of mediation
with the offender. Now, if we

539
00:43:07.480 --> 00:43:09.800
know that often sexual assault, we're
looking at the victim, as we said,

540
00:43:09.840 --> 00:43:14.280
knows the offender. It might be
a family member for example, so

541
00:43:14.320 --> 00:43:20.960
it's someone that person knows well.
And the victims who participated in this their

542
00:43:21.320 --> 00:43:24.320
therapists which suggested to them if they
felt the victim was ready for it.

543
00:43:25.119 --> 00:43:29.920
And for the victims, they were
very very pleased. They were very proud

544
00:43:29.960 --> 00:43:32.639
that their therapist had suggested it because
to them it was almost like a milestone

545
00:43:32.920 --> 00:43:37.960
they had managed to get so far
in their healing process that they were able

546
00:43:37.039 --> 00:43:42.320
to the therapist had the belief in
them that they were able to confront or

547
00:43:42.599 --> 00:43:46.639
to meet with their offender. And
that is one example where I see that

548
00:43:47.000 --> 00:43:52.119
reparative justice can be used in a
therapeutic way that's valuable for the victim.

549
00:43:52.159 --> 00:43:54.480
Again, it's not going to work
for everyone. It's not going to work

550
00:43:54.480 --> 00:43:58.679
at the same time for everyone.
We have to tailor it. It has

551
00:43:58.719 --> 00:44:01.679
to be a voluntary situation ration for
the victim and the offender. Two.

552
00:44:01.760 --> 00:44:05.800
We can't force anyone to do this, but I think it's important that we

553
00:44:06.239 --> 00:44:12.039
provide that possibility because right now,
the policy in much of Canada is that

554
00:44:12.960 --> 00:44:16.800
when it comes to violence against women, restorative justice or reparative justice off the

555
00:44:16.840 --> 00:44:22.239
table. They won't let it happen. There's a very very strong women's movement

556
00:44:22.679 --> 00:44:25.880
who's afraid, in particular cases of
domestic violence, that after the women's movements

557
00:44:25.920 --> 00:44:30.639
worked so so hard to take domestic
violence out of the private sphere and put

558
00:44:30.639 --> 00:44:35.719
it into the public sphere and to
criminalize this, that victim offender dialogue would

559
00:44:35.719 --> 00:44:40.199
be a step back and privatizing it
again. Well, I can certainly see

560
00:44:40.239 --> 00:44:45.360
that argument and getting back I think
you mentioned this, but one of the

561
00:44:45.400 --> 00:44:52.119
examples you mentioned, I think is
in northern community communities. The idea of

562
00:44:52.079 --> 00:44:57.639
using a circle sentencing process where I
guess the offender, the victim, the

563
00:44:57.760 --> 00:45:01.159
friends and families, the community is
even be involved in that, which seems

564
00:45:01.199 --> 00:45:07.000
to be a restorative process. Yes, yes, they're with a circle sentence,

565
00:45:07.039 --> 00:45:12.880
and you go through the entire criminal
standard criminal justice process just until after

566
00:45:12.920 --> 00:45:16.440
the conviction and at the moment of
determining the sentence. At that point they

567
00:45:16.480 --> 00:45:21.280
open up and they bring input in
from the other community members, and that

568
00:45:21.320 --> 00:45:22.639
can include the victim as well,
where they talk about okay, well,

569
00:45:22.639 --> 00:45:27.239
now that we've the person's been found
guilty of this crime, what should we

570
00:45:27.280 --> 00:45:30.519
do about it? That's it.
So that's another example of how this works.

571
00:45:30.559 --> 00:45:34.639
But to get back to the I
think that it's important to not have

572
00:45:34.920 --> 00:45:40.360
blanket policies excluding reparative justice for certain
types of victimization, because I think that's

573
00:45:40.400 --> 00:45:45.280
being very paternalistic. I'm all for
protecting victims. We don't want to put

574
00:45:45.280 --> 00:45:51.239
them in situations where they risk the
secondary victimization. But to say categorically know

575
00:45:51.800 --> 00:45:55.559
what you want to do is wrong
isn't right either. That's another victimization,

576
00:45:55.599 --> 00:46:00.000
and unfortunately that's often what happens.
At least one of my students was looking

577
00:46:00.039 --> 00:46:05.599
at restorative justice in cases of serious
violent crime, and some of the victims

578
00:46:05.599 --> 00:46:08.679
in Canada and in Belgium and some
of the victims were really felt embarrassed,

579
00:46:08.719 --> 00:46:15.440
and sometimes the reactions had been very
negative towards them when they expressed an interest

580
00:46:15.519 --> 00:46:19.840
to meet in a mediation setting with
the offender. No, I mean,

581
00:46:19.880 --> 00:46:22.119
I can totally understand that. I
mean, it's it's not a one size

582
00:46:22.199 --> 00:46:28.800
fits all solution at all. It's
so personal that you can't impose on somebody.

583
00:46:28.800 --> 00:46:32.079
If somebody doesn't a victim doesn't want
to engage in the process, that's

584
00:46:32.079 --> 00:46:36.360
it. It shouldn't be imposed on
them, right, And they think maybe

585
00:46:36.360 --> 00:46:37.920
they want to do it later,
that's fine too. They should have that

586
00:46:37.960 --> 00:46:42.280
option of coming back to it because
and that's the beauty of reparative justice.

587
00:46:42.280 --> 00:46:45.280
It's flexible. It can be at
any moment in the criminal justice process or

588
00:46:45.360 --> 00:46:51.320
years afterwards, and that's the beauty
of it. And then that it should

589
00:46:51.360 --> 00:46:55.800
be there too. And the idea
of giving victims choices as well options is

590
00:46:55.840 --> 00:47:00.719
also very important in their healing process. I mentioned before the example of victims

591
00:47:00.719 --> 00:47:05.960
of sexual violence feeling empowered when they
when they realize that they were they were

592
00:47:06.079 --> 00:47:12.360
at a point in their healing process
that they could confront their offender um And

593
00:47:12.440 --> 00:47:15.559
just the idea that I can make
a choice. I can I can decide

594
00:47:15.599 --> 00:47:20.239
because victimization in many ways is taking
the power away from the individual, and

595
00:47:20.840 --> 00:47:24.880
much of their healing process is finding
their power back, and by providing them

596
00:47:24.920 --> 00:47:30.559
with options, you're helping them in
that healing process rEFInd their sense of control

597
00:47:30.639 --> 00:47:38.480
and power. So in the book, you conclude that that basically we've seen

598
00:47:38.599 --> 00:47:44.280
three approaches to reform. The one
is one is what we're just talking about

599
00:47:44.320 --> 00:47:47.760
now as sort of a non criminal
proceeding. The other is to improve the

600
00:47:47.840 --> 00:47:53.559
plight um um of victims without changing
the system. And you argue that this

601
00:47:53.679 --> 00:48:00.159
fails to this fails because it fails
to alleviate the problem of secondary victims victimization.

602
00:48:00.559 --> 00:48:06.559
So the only way forward is changing
the status, by which by granting

603
00:48:06.679 --> 00:48:14.840
a procedural rights to victims. So
how do you see us moving forward in

604
00:48:14.840 --> 00:48:20.119
that direction? In Canada, crime
is the violation of the victim's human rights

605
00:48:20.840 --> 00:48:25.000
as well as an offense against the
state. We do that, we're now

606
00:48:25.079 --> 00:48:29.920
saying, okay, so now we
have a human being and the victim is

607
00:48:29.960 --> 00:48:31.840
a subject, not just an object
of the law, not just the person

608
00:48:31.880 --> 00:48:37.599
who will experience something, but now
a person with a legal personality who has

609
00:48:37.639 --> 00:48:44.239
a right to be heard in the
criminal justice process. I think that it

610
00:48:44.320 --> 00:48:46.719
starts with that. Something we've seen
in the European Union, for example,

611
00:48:46.760 --> 00:48:52.239
and they're directors from twenty fifteen.
They clearly say in the preamble that crime

612
00:48:52.400 --> 00:48:57.559
is a violation of victim's human rights
as well as an offense against the state.

613
00:48:57.559 --> 00:49:01.320
And once you've established that, then
you um have a You have to

614
00:49:01.360 --> 00:49:07.119
include victims, give them some sort
of status in the process other than that

615
00:49:07.159 --> 00:49:13.159
as a witness, and I'll give
them participatory rights. Again, if they're

616
00:49:13.159 --> 00:49:16.119
not enforcible rights. We've seen that
for the last twenty thirty years. They're

617
00:49:16.119 --> 00:49:22.960
not rights. And I guess the
big the big argument that opponents would put

618
00:49:22.039 --> 00:49:29.519
up is, let's take this case. Someone is murdered and the family of

619
00:49:29.559 --> 00:49:36.920
the victim has full participatory rights,
and they argue to forgive and exonerate the

620
00:49:37.000 --> 00:49:42.159
murderer, and the state would then
argue, well, that may take away

621
00:49:42.159 --> 00:49:45.639
the threat from you, but it
doesn't take away the threat to society.

622
00:49:46.320 --> 00:49:51.239
Therefore, victim or victims family,
secondary victim, you have no rights.

623
00:49:52.079 --> 00:49:55.239
No, no, Remember I did
an excellent example. Remember, crime is

624
00:49:55.280 --> 00:50:00.000
a violation of the victim's human rights
as well as an offense against the state.

625
00:50:00.760 --> 00:50:06.239
So you may very well feel that
you can forgive for the violation of

626
00:50:06.280 --> 00:50:09.119
your human rights. However, there
still stands the offense against the state,

627
00:50:09.360 --> 00:50:15.119
and that justifies the intervention by the
state and the criminal justice process. So

628
00:50:15.159 --> 00:50:17.880
we allow these things in tandem,
is what you would be is what we

629
00:50:17.920 --> 00:50:23.000
would be arguing for in the case
of allowing the participation of the participation of

630
00:50:23.079 --> 00:50:28.480
victims. Essentially, you have to
bear the two in mind, and that's

631
00:50:28.480 --> 00:50:30.320
why you need a role for the
prosecutor the state, and you need a

632
00:50:30.440 --> 00:50:36.719
role for the victim as well in
the ideal situation when you recognize victims as

633
00:50:36.719 --> 00:50:42.760
subjects people before the law. So
that I don't think, I mean,

634
00:50:42.760 --> 00:50:45.880
that's the argument. People often say, Oh, but that's completely restorative,

635
00:50:45.920 --> 00:50:50.800
and it's not the two. Again, if we're looking at an offense that

636
00:50:51.039 --> 00:50:54.719
is so minor that we say,
you know what, the significance for the

637
00:50:54.800 --> 00:50:59.280
state is not there. If the
victim is able to come to an agreement

638
00:50:59.280 --> 00:51:01.760
with the offense, or we think
it's it's it's fine, and we can

639
00:51:01.840 --> 00:51:05.320
leave it at that. And that's
what we often do with young offenders.

640
00:51:05.320 --> 00:51:08.559
And alternative sanctions. That's where restorative
justice has been very popular for the last

641
00:51:08.599 --> 00:51:13.920
ten twenty years. Actually in youth
courts, yes, right, for example,

642
00:51:14.039 --> 00:51:15.599
and there we seed. So that's
exactly what we say. As long

643
00:51:15.639 --> 00:51:19.440
as the victim is able to come
to an agreement with the offender, we

644
00:51:19.559 --> 00:51:23.480
as a state of society find a
significance. So mine are so unimportant that

645
00:51:23.679 --> 00:51:28.760
we don't think that it necessitates,
in addition a reaction by the state that

646
00:51:28.920 --> 00:51:32.239
is enough. And the other extreme
is where you say no, it is

647
00:51:32.280 --> 00:51:38.840
so important that regardless of the re
evaluation by the victim, we feel as

648
00:51:40.280 --> 00:51:45.159
the state has a responsibility that that
has to be recognized and that criminal justice

649
00:51:45.199 --> 00:51:53.519
intervention is required given the gravity the
impact on our society. Joanne, I

650
00:51:53.559 --> 00:51:58.920
want to emphasize what a great book
this is. I said to you personally,

651
00:51:59.280 --> 00:52:04.760
I think there's some agencies in Canada
who will rename remain nameless, who

652
00:52:04.800 --> 00:52:08.159
should just take their content down off
their websites and replace it with your book,

653
00:52:08.800 --> 00:52:13.199
because I think it's so fantastic and
informative, and it's got all the

654
00:52:13.239 --> 00:52:17.079
information in one place. Sometimes you
have to do so much rooting around find

655
00:52:17.159 --> 00:52:22.840
this kind of information. Anything In
conclusion, you'd you'd like us to have

656
00:52:22.960 --> 00:52:30.880
as a takeaway from from your book
and also your work in victimology, recognizing

657
00:52:30.000 --> 00:52:36.679
victims victimization as a violation of victims
human rights, give victims enforceable rights,

658
00:52:36.840 --> 00:52:40.079
and and the rest will follow.
I think once we have we turn that

659
00:52:40.119 --> 00:52:46.199
page, we're going to be on
the road to real change where there is

660
00:52:46.239 --> 00:52:53.480
an appreciation for the victim as well
as respect for the criminal justice system and

661
00:52:53.559 --> 00:52:58.639
a real improvement because right now it's
disconnected in a way from the reality of

662
00:52:58.639 --> 00:53:01.920
the victims, and the victim suffer
as a result. Well, Joe and

663
00:53:02.320 --> 00:53:07.079
I want to thank you so much
for joining us today. We we like

664
00:53:07.199 --> 00:53:09.920
to end things with something we call
and this is just a fun thing.

665
00:53:09.960 --> 00:53:15.119
It's called like a lightning round.
It's to get to know our guest a

666
00:53:15.159 --> 00:53:20.159
little a little better. We've had
quite a heavy conversation on victimology, So

667
00:53:20.679 --> 00:53:24.880
just a couple of quick questions and
to as I say, to help us

668
00:53:24.920 --> 00:53:30.159
get to know you better. Can
you tell our listeners what book you're currently

669
00:53:30.199 --> 00:53:38.199
reading. You've probably got about ten
Oh gosh me like you're looking at like

670
00:53:38.400 --> 00:53:42.599
for free time books? Right,
sure, yeah, yep, you're so

671
00:53:42.679 --> 00:53:47.239
much reading for work. I have
to sign my bed let the camus that

672
00:53:47.320 --> 00:53:51.599
I haven't even gotten further than page
one on. But it's one of those

673
00:53:51.599 --> 00:53:54.280
things on my reading list that I've
picked up and I keep telling myself I'm

674
00:53:54.280 --> 00:53:58.840
going to be reading, but most
of my reading it ends up being for

675
00:53:58.880 --> 00:54:01.079
work. So the last thing is
I think on the Handbook of Forgiveness.

676
00:54:01.320 --> 00:54:05.480
I think that was the last thing
I sat down and read. Can you

677
00:54:05.519 --> 00:54:09.480
tell us two things that we might
not find on your about you on your

678
00:54:09.480 --> 00:54:17.960
LinkedIn profile? Two things that you
won't find one even though it's on my

679
00:54:19.039 --> 00:54:24.880
profile anymore? Um, goodness me? Uh got yoga? Yoga? Yes,

680
00:54:25.480 --> 00:54:29.840
discovered yoga three years ago. Let's
see, that's one thing. Fantastic

681
00:54:30.360 --> 00:54:32.880
anything there you go? Yoga?
Okay, yoga? It is. What

682
00:54:32.960 --> 00:54:37.760
was the first concert you ever saw? The first concert I ever saw?

683
00:54:37.800 --> 00:54:42.840
Oh? Tim Curry? Oh here? Where where was that? Toronto?

684
00:54:44.199 --> 00:54:46.480
Yeah? Toronto? What's it called
on Young Front Street? There? Corner

685
00:54:46.480 --> 00:54:50.559
of Front Street and Young Street at
that Oh it's still there, the concert

686
00:54:50.559 --> 00:54:52.679
hall? Yeah? I know,
yeah, I know, which. Wow,

687
00:54:52.800 --> 00:54:58.159
I am envious. What a great
answer. I was thirteen. That's

688
00:54:58.199 --> 00:55:01.440
going back in time. Yeah,
do you have a favorite TV show that

689
00:55:01.480 --> 00:55:08.519
you like to binge watch. Right
now, it's CNN. I understand that

690
00:55:09.280 --> 00:55:13.599
it's hill. I never used to
watch CNN. However the last year that

691
00:55:13.679 --> 00:55:19.639
has changed. It's almost like a
reality show. Yes, yes, a

692
00:55:19.760 --> 00:55:24.719
very dark reality show. Very dark. Yes' where's your favorite spot to have

693
00:55:24.800 --> 00:55:30.480
lunch in Montreal? There's so many
Well this wasn't lunch, this was dinner,

694
00:55:30.519 --> 00:55:31.679
and I have to say I was
very impressed. We went to a

695
00:55:31.679 --> 00:55:37.760
place called La Ponton in Griffintown,
which is a tasting menu and it was

696
00:55:37.800 --> 00:55:42.400
fantastic. It's a little place that
you probably will walk by if you don't

697
00:55:42.400 --> 00:55:45.760
have the abbas because the sign isn't
even big. But I've looked it up

698
00:55:45.760 --> 00:55:50.000
in advance and we went there.
And the name goes back to the rumor

699
00:55:50.119 --> 00:55:53.480
that apparently in that neighborhood, Griffintown
is the old Irish working class neighborhood.

700
00:55:53.480 --> 00:55:59.280
Of course that way back in the
nineteenth century there was prostitution and whatnot in

701
00:55:59.320 --> 00:56:01.960
that neighborhood and there was a prostitute
who have died in that area. Ergo

702
00:56:02.039 --> 00:56:07.639
the fontme the ghosts that still apparently
walks the streets anyway, so when you're

703
00:56:07.679 --> 00:56:12.519
there, candles everywhere, lots of
atmosphere. But the food was fantastic,

704
00:56:13.039 --> 00:56:19.000
absolutely magnificent. So I would recommend
back to anyone the ft Yes, well,

705
00:56:19.360 --> 00:56:23.320
Joanna is the perfect place to end. I thank you so much for

706
00:56:23.920 --> 00:56:30.119
being the guest on the show today
and and it's been very informative and and

707
00:56:30.480 --> 00:56:34.559
I hope you have a great afternoon. Thank you, thanks the imitation.

708
00:56:34.679 --> 00:56:49.480
Bye bye. Wow there Sula,
So that fan Field exposed a lagwa prison

709
00:56:50.480 --> 00:57:01.719
just being unders still got written.
I sets just too much responsive building people

710
00:57:01.920 --> 00:57:15.519
me a baby room and busy Dean
Best and Colin Cadre little more. But

711
00:57:15.719 --> 00:57:22.280
Genie always gonna need an object.
I'm always like being my geo. And

712
00:57:22.559 --> 00:57:24.679
Rody is pymute your love. I
never

