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

Act current to 2017-04-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Interpretation of other Acts, regulations, etc.

 To the extent that it is possible to do so, every Act of Parliament enacted — and every order, rule or regulation made under such an Act — before, on or after the day on which this Act comes into force must be construed and applied in a manner that is compatible with the rights under this Act.

Marginal note:Primacy in event of inconsistency
  •  (1) If, after the application of sections 20 and 21, there is any inconsistency between any provision of this Act and any provision of any Act, order, rule or regulation referred to in section 21, the provision of this Act prevails to the extent of the inconsistency.

  • Marginal note:Exception — Acts and regulations, etc.

    (2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act and the Privacy Act and orders, rules and regulations made under any of those Acts.

Marginal note:No adverse inference

 No adverse inference is to be drawn against a person who is charged with an offence from the fact that an individual has been identified as a victim in relation to the offence.

Marginal note:Entering or remaining in Canada

 Nothing in this Act is to be construed so as to permit any individual to

  • (a) enter Canada or to remain in Canada beyond the end of the period for which they are authorized to so remain;

  • (b) delay any removal proceedings or prevent the enforcement of any removal order; or

  • (c) delay any extradition proceedings or prevent the extradition of any person to or from Canada.

Remedies

Marginal note:Complaint — federal entity
  •  (1) Every victim who is of the opinion that any of their rights under this Act have been infringed or denied by a federal department, agency or body has the right to file a complaint in accordance with its complaints mechanism.

  • Marginal note:Complaint to authority

    (2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body.

  • Marginal note:Complaints mechanism

    (3) Every federal department, agency or body that is involved in the criminal justice system must have a complaints mechanism that provides for

    • (a) a review of complaints involving alleged infringements or denials of rights under this Act;

    • (b) the power to make recommendations to remedy such infringements and denials; and

    • (c) the obligation to notify victims of the result of those reviews and of the recommendations, if any were made.

Marginal note:Complaint — provincial or territorial entity

 Every victim who is of the opinion that their rights under this Act have been infringed or denied by a provincial or territorial department, agency or body may file a complaint in accordance with the laws of the province or territory.

Marginal note:Status

 Nothing in this Act is to be construed as granting to, or removing from, any victim or any individual acting on behalf of a victim the status of party, intervenor or observer in any proceedings.

Marginal note:No cause of action

 No cause of action or right to damages arises from an infringement or denial of a right under this Act.

Marginal note:No appeal

 No appeal lies from any decision or order solely on the grounds that a right under this Act has been infringed or denied.

 
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