Victims Bill of Rights Act (S.C. 2015, c. 13)
Full Document:
Assented to 2015-04-23
36. Part XXVIII of the Act is amended by adding the following after Form 48.1:
FORM 48.2(Subsection 672.5(14))VICTIM IMPACT STATEMENT — NOT CRIMINALLY RESPONSIBLE
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you;
• any unproven allegations;
• any comments about any conduct for which the accused was not found not criminally responsible;
• any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or
• except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition.
The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the accused’s conduct has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as these relate to the conduct.
Physical impact
Describe how the accused’s conduct has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the conduct of the accused;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the accused’s conduct has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling; and
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the accused; and
• concerns with respect to contact between the accused and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.
I would like to read or present my statement (in court or before the Review Board).
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20, at .
Signature of declarant
Transitional Provisions
Marginal note:Hearing — subsection 278.3(5)
37. Subsection 278.3(5) of the Act, as that subsection read immediately before the day on which section 6 of this Act comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 14 days after that day.
Marginal note:Restitution requests — section 380.3
38. Section 380.3 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of requests for restitution made to the court under that section 380.3 before that day.
Marginal note:Community impact statements — section 380.4
39. Section 380.4 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of statements filed with the court under that section 380.4 before that day.
Marginal note:Section 423.1
40. Section 423.1 of the Act, as amended by section 12 of this Act, applies only in respect of conduct engaged in on or after the day on which that section 12 comes into force.
Marginal note:Victim impact statements — section 672.5
41. Section 672.5 of the Act, as that section read immediately before the day on which section 22 of this Act comes into force, continues to apply in respect of any statement that was filed with the court or Review Board under that section 672.5 before that day.
Marginal note:Section 718
42. The amendments to section 718 of the Act made by section 23 of this Act apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 23 comes into force.
Marginal note:Paragraph 718.2(e)
42.1 The amendment to paragraph 718.2(e) of the Act made by section 24 of this Act applies only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 24 comes into force.
Marginal note:Victim impact statements — section 722
43. Section 722 of the Act, as that section read immediately before the day on which section 25 of this Act comes into force, continues to apply in respect of any statement that was filed with the court under that section 722 before that day.
Marginal note:Sections 737.1 and 739.1 to 739.4
44. Section 737.1 of the Act, as enacted by section 29 of this Act, and sections 739.1 to 739.4 of the Act, as enacted by section 30 of this Act, apply only in respect of conduct engaged in on or after the day on which those sections 29 and 30 come into force.
1992, c. 20AMENDMENTS TO THE CORRECTIONS AND CONDITIONAL RELEASE ACT
Marginal note:2012, c. 1, s. 52(1)
45. (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:
“victim”
« victime »
“victim”, in respect of an offence, means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of the offence.
(2) Section 2 of the Act is amended by adding the following after subsection (2):
Marginal note:Acting on victim’s behalf
(3) For the purposes of this Act, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:
(a) the victim’s spouse, or if the victim is dead, their spouse at the time of death;
(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 a 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; and
(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
(4) For the purposes of this Act, an individual is not a victim, or entitled to act on a victim’s behalf, in relation to an offence, if the individual is the offender.
46. (1) Subparagraph 26(1)(b)(iii) of the Act is replaced by the following:
(iii) information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan,
Marginal note:2012, c. 1, s. 57(2)
(2) Subparagraphs 26(1)(b)(v) and (vi) of the Act are replaced by the following:
(v) that the offender has been removed from Canada under the Immigration and Refugee Protection Act before the expiration of the sentence, and
(3) Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):
(c) shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public:
(i) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,
(ii) the conditions attached to the offender’s temporary absence, work release, parole or statutory release,
(iii) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence; and
(d) shall provide the victim with access to a photograph of the offender taken on the occurrence of the earliest of any of the following — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner’s opinion, to do so would not have a negative impact on the safety of the public:
(i) the release of the offender on unescorted temporary absence,
(ii) the offender’s work release,
(iii) the offender’s release on parole, and
(iv) the offender’s release by virtue of statutory release or the expiration of the sentence.
(4) Section 26 of the Act is amended by adding the following after subsection (1):
Marginal note:Timing of disclosure
(1.1) The Commissioner shall disclose the information referred to in paragraph (1)(c) before the day on which the offender is released and, unless it is not practicable to do so, the Commissioner shall disclose it at least 14 days before that day.
Marginal note:Continuing duty to disclose
(1.2) The Commissioner shall disclose to the victim any changes to the information referred to in paragraphs (1)(a) to (c).
(5) Paragraph 26(3)(a) of the Act is replaced by the following:
(a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
(6) Paragraph 26(4)(a) of the Act is replaced by the following:
(a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and
(7) Section 26 of the Act is amended by adding the following after subsection (4):
Marginal note:Representative
(5) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf, or to whom access to a photograph referred to in paragraph (1)(d) is to be provided. In that case, the victim shall provide the Commissioner with the representative’s contact information.
Marginal note:Withdrawal of request
(6) A victim who has made a request referred to in subsection (1) or (2) may inform the Commissioner in writing that they no longer want the information to be disclosed to them or access to the photograph. In that case, the Commissioner shall not contact them, or their representative, if any, unless the victim subsequently makes the request again.
Marginal note:Deemed withdrawal of request
(7) The Commissioner may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Commissioner has made reasonable efforts to contact the victim and has failed to do so.
Marginal note:Other persons
(8) Subsections (5) to (7) also apply, with any necessary modifications, to a person who has satisfied the Commissioner of the matters referred to in paragraphs (3)(a) and (b) or (4)(a) and (b).
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