Standing up for Victims of Fraud
Ottawa Journal (December 12 – December 16, 2021)
David Tilson, MP
Our Government stands up for law-abiding Canadians. We put the rights of victims first. We promote strong, effective measures to get tough on crime. Canadians gave us a strong mandate to uphold these principles and continue to work to keep our streets and communities safe.
It’s no different when it comes to white collar crime. We recognize the devastating impact that fraud can have on honest Canadians. When someone loses their life savings to deception, they lose their hope for a secure retirement; their freedom to make financial choices; and they often feel humiliated, for having been deceived. The damage, all too often, can never be undone. Serious crimes demand a serious response. Our Government listened to victims of white collar crime and responded with the Standing Up For Victims of White Collar Crime Act, which has now come into force. This vital legislation takes a number of steps to combat and deter fraud and to support victims of crimes of deception.
Our legislation takes several steps to help ensure that sentences are appropriate for the severity of the crime and the losses imposed on victims. This includes a mandatory minimum period of jail time for fraud over $1 million, so those who commit fraud on such a large scale spend at least two years behind bars.
Even when the dollar amount is smaller, it can represent a life’s savings and hard work. This is why our legislation also requires the courts to take aggravating factors into account when determining a sentence. The impact on the victim, given the victim’s age, health, and financial situation, must be considered. Additional aggravating factors include: the destruction or concealment of records, the violation of licensing or professional rules, and the length of time and amount of planning that went into the fraud.
Victims of fraud want more than just punishment for the offender; what they may desire most is the return of their money. Sadly, this is often not possible, but to increase the chances of restoring at least some of the stolen property, our Government now requires the courts to order restitution whenever possible, if a specific victim and loss can be identified.
We have also taken action to help prevent future crimes by giving the courts the power to issue a prohibition order. This would ban an offender from having authority over other people’s money, whether through employment or any volunteer position. This is a practical, common sense way to reduce the chance of future offences and losses to victims.
Our Government also recognizes that some cases of fraud can damage an entire community, particularly when an offender targets a particular neighbourhood or association for his or her offence. This is why our bill now permits Community Impact Statements, allowing a group to inform the court how a case of fraud has caused them loss and for that statement to be taken into account in determining a sentence.
These measures are part of our Government’s overall approach of standing up for honest, law-abiding Canadians. They build on our record of addressing gun crimes, organized drug crime, and other violent crimes. Moving forward, we have legislation before Parliament to better protect children from sexual predators and help crack down on serious drug crimes such as trafficking and production. Our legislation will also enshrine the rights of victims in law, such as to be kept informed and to be heard at Parole Board hearings.
We’re proud that the Standing Up For Victims of White Collar Crime Act is now in force, providing better protection for law-abiding Canadians through measures to enhance prevention and restitution. In addition, we’ve continued our record of helping ensure serious time for serious crime with sentences strengthened to better reflect the impact on victims. Our Government will always work to make our streets and communities safer.