Canadian Victims Bill of Rights (S.C. 2015, c. 13, s. 2)

Act current to 2016-09-18 and last amended on 2015-07-23. Previous Versions

Canadian Victims Bill of Rights

S.C. 2015, c. 13, s. 2

Assented to 2015-04-23

An Act for the Recognition of Victims Rights

[Enacted by section 2 of chapter 13 of the Statutes of Canada, 2015, in force July 23, 2015.]
Preamble

Whereas crime has a harmful impact on victims and on society;

Whereas victims of crime and their families deserve to be treated with courtesy, compassion and respect, including respect for their dignity;

Whereas it is important that victims’ rights be considered throughout the criminal justice system;

Whereas victims of crime have rights that are guaranteed by the Canadian Charter of Rights and Freedoms;

Whereas consideration of the rights of victims of crime is in the interest of the proper administration of justice;

Whereas the federal, provincial and territorial governments share responsibility for criminal justice;

Whereas, in 1988, the federal, provincial and territorial governments endorsed the Canadian Statement of Basic Principles of Justice for Victims of Crime and, in 2003, the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canadian Victims Bill of Rights.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

offence

infraction

offence means an offence under the Criminal Code, the Youth Criminal Justice Act or the Crimes Against Humanity and War Crimes Act, a designated substance offence as defined in subsection 2(1) of the Controlled Drugs and Substances Act or an offence under section 91 or Part 3 of the Immigration and Refugee Protection Act. (infraction)

victim

victime

victim means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of an offence. (victime)

Marginal note:Acting on victim’s behalf

 Any of the following individuals may exercise a victim’s rights under this Act if the victim is dead or incapable of acting on their own behalf:

  • (a) the victim’s spouse or the individual who was at the time of the victim’s death their spouse;

  • (b) the individual who is or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year;

  • (c) a relative or dependant of the victim;

  • (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim;

  • (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

Marginal note:Exception

 An individual is not a victim in relation to an offence, or entitled to exercise a victim’s rights under this Act, if the individual is charged with the offence, found guilty of the offence or found not criminally responsible on account of mental disorder or unfit to stand trial in respect of the offence.

Marginal note:Criminal justice system

 For the purpose of this Act, the criminal justice system consists of

  • (a) the investigation and prosecution of offences in Canada;

  • (b) the corrections process and the conditional release process in Canada; and

  • (c) the proceedings of courts and Review Boards, as those terms are defined in subsection 672.1(1) of the Criminal Code, in respect of accused who are found not criminally responsible on account of mental disorder or unfit to stand trial.

Rights

Information

Marginal note:General information

 Every victim has the right, on request, to information about

  • (a) the criminal justice system and the role of victims in it;

  • (b) the services and programs available to them as a victim, including restorative justice programs; and

  • (c) their right to file a complaint for an infringement or denial of any of their rights under this Act.

Marginal note:Investigation and proceedings

 Every victim has the right, on request, to information about

  • (a) the status and outcome of the investigation into the offence; and

  • (b) the location of proceedings in relation to the offence, when they will take place and their progress and outcome.

Marginal note:Information about offender or accused

 Every victim has the right, on request, to information about

  • (a) reviews under the Corrections and Conditional Release Act relating to the offender’s conditional release and the timing and conditions of that release; and

  • (b) hearings held for the purpose of making dispositions, as defined in subsection 672.1(1) of the Criminal Code, in relation to the accused, if the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and the dispositions made at those hearings.

Protection

Marginal note:Security

 Every victim has the right to have their security considered by the appropriate author- ities in the criminal justice system.

Marginal note:Protection from intimidation and retaliation

 Every victim has the right to have reasonable and necessary measures taken by the appropriate authorities in the criminal justice system to protect the victim from intimidation and retaliation.

Marginal note:Privacy

 Every victim has the right to have their privacy considered by the appropriate authorities in the criminal justice system.

Marginal note:Identity protection

 Every victim has the right to request that their identity be protected if they are a complainant to the offence or a witness in proceedings relating to the offence.

Marginal note:Testimonial aids

 Every victim has the right to request testimonial aids when appearing as a witness in proceedings relating to the offence.

Participation

Marginal note:Views to be considered

 Every victim has the right to convey their views about decisions to be made by appropriate authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered.

Marginal note:Victim impact statement

 Every victim has the right to present a victim impact statement to the appropriate authorities in the criminal justice system and to have it considered.

Restitution

Marginal note:Restitution order

 Every victim has the right to have the court consider making a restitution order against the offender.

Marginal note:Enforcement

 Every victim in whose favour a restitution order is made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender.

General Provisions

Marginal note:Application
  •  (1) This Act applies in respect of a victim of an offence in their interactions with the criminal justice system

    • (a) while the offence is investigated or prosecuted;

    • (b) while the offender is subject to the corrections process or the conditional release process in relation to the offence; and

    • (c) while the accused is, in relation to the offence, under the jurisdiction of a court or a Review Board, as those terms are defined in subsection 672.1(1) of the Criminal Code, if they are found not criminally responsible on account of mental disorder or unfit to stand trial.

  • Marginal note:Reporting of offence

    (2) For the purpose of subsection (1), if an offence is reported to the appropriate authorities in the criminal justice system, the investigation of the offence is deemed to begin at the time of the reporting.

  • Marginal note:National Defence Act

    (3) This Act does not apply in respect of offences that are service offences, as defined in subsection 2(1) of the National Defence Act, that are investigated or proceeded with under that Act.

Marginal note:Exercise of rights
  •  (1) The rights of victims under this Act are to be exercised through the mechanisms provided by law.

  • Marginal note:Connection to Canada

    (2) A victim is entitled to exercise their rights under this Act only if they are present in Canada or they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Interpretation of this Act

 This Act is to be construed and applied in a manner that is reasonable in the circumstances, and in a manner that is not likely to

  • (a) interfere with the proper administration of justice, including

    • (i) by causing interference with police discretion or causing excessive delay in, or compromising or hindering, the investigation of any offence, and

    • (ii) by causing interference with prosecutorial discretion or causing excessive delay in, or compromising or hindering, the prosecution of any offence;

  • (b) interfere with ministerial discretion;

  • (c) interfere with the discretion that may be exercised by any person or body authorized to release an offender into the community;

  • (d) endanger the life or safety of any individual; or

  • (e) cause injury to international relations or national defence or national security.

 
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