Victims Bill of Rights Act (S.C. 2015, c. 13)
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Assented to 2015-04-23
Victims Bill of Rights Act
S.C. 2015, c. 13
Assented to 2015-04-23
An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts
SUMMARY
This enactment enacts the Canadian Victims Bill of Rights, which specifies that victims of crime have the following rights:
(a) the right to information about the criminal justice system, the programs and services that are available to victims of crime and the complaint procedures that are available to them when their rights have been infringed or denied;
(b) the right to information about the status of the investigation and the criminal proceedings, as well as information about reviews while the offender is subject to the corrections process, or about hearings after the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and information about the decisions made at those reviews and hearings;
(c) the right to have their security and privacy considered by the appropriate authorities in the criminal justice system;
(d) the right to protection from intimidation and retaliation;
(e) the right to request testimonial aids;
(f) the right to convey their views about decisions to be made by authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered;
(g) the right to present a victim impact statement and to have it considered;
(h) the right to have the courts consider making, in all cases, a restitution order against the offender; and
(i) the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid.
The Canadian Victims Bill of Rights also specifies
(a) the periods during which the rights apply;
(b) the individuals who may exercise the rights;
(c) the complaint mechanism for victims and the requirements for federal departments to create complaint mechanisms; and
(d) how the Canadian Victims Bill of Rights is to be interpreted.
This enactment amends the Criminal Code to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel;
(c) broaden the conduct to which the offence of intimidation of justice system participants applies;
(d) expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice;
(e) make testimonial aids more accessible to vulnerable witnesses;
(f) enable witnesses to testify using a pseudonym in appropriate cases;
(g) make publication bans for victims under the age of 18 mandatory on application;
(h) provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration;
(i) require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances;
(j) add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards;
(k) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(l) clarify the provisions relating to victim impact statements;
(m) allow for community impact statements to be considered for all offences;
(n) provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order;
(o) specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed;
(p) provide a form for requesting a restitution order; and
(q) provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims.
The enactment amends the Canada Evidence Act to provide that no person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused. It also amends that Act to add a new subsection to govern the questioning of witnesses over the age of 14 years in certain circumstances.
This enactment amends the Corrections and Conditional Release Act to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) permit victims to have access to information about the offender’s progress in relation to the offender’s correctional plan;
(c) permit victims to be shown a current photograph of the offender at the time of the offender’s conditional release or the expiration of the offender’s sentence;
(d) permit the disclosure of information to victims concerning an offender’s deportation before the expiration of the offender’s sentence;
(e) permit the disclosure to victims of an offender’s release date, destination and conditions of release, unless the disclosure would have a negative impact on public safety;
(f) allow victims to designate a representative to receive information under the Act and to waive their right to information under the Act;
(g) require that the Correctional Service of Canada inform victims about its victim-offender mediation services;
(h) permit victims who do not attend a parole hearing to listen to an audio recording of the hearing;
(i) provide for the provision to victims of decisions of the Parole Board of Canada regarding the offender; and
(j) require, when victims have provided a statement describing the harm, property damage or loss suffered by them as the result of the commission of an offence, that the Parole Board of Canada impose victim non-contact or geographic restrictions as conditions of release, where reasonable and necessary, to protect the victims in relation to an offender who is the subject of a long-term supervision order.
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
1. This Act may be cited as the Victims Bill of Rights Act.
CANADIAN VICTIMS BILL OF RIGHTS
Marginal note:Enactment of Act
2. The Canadian Victims Bill of Rights is enacted as follows:
An Act for the Recognition of Victims Rights
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
1. This Act may be cited as the Canadian Victims Bill of Rights.
INTERPRETATION
Marginal note:Definitions
2. 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.
“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.
Marginal note:Acting on victim’s behalf
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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
9. Every victim has the right to have their security considered by the appropriate authorities in the criminal justice system.
Marginal note:Protection from intimidation and retaliation
10. 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
11. Every victim has the right to have their privacy considered by the appropriate authorities in the criminal justice system.
Marginal note:Identity protection
12. 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
13. 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
14. 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
15. 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
16. Every victim has the right to have the court consider making a restitution order against the offender.
Marginal note:Enforcement
17. 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
18. (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
19. (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
20. 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.
Marginal note:Interpretation of other Acts, regulations, etc.
21. 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
22. (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
23. 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
24. 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
25. (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
26. 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
27. 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
28. No cause of action or right to damages arises from an infringement or denial of a right under this Act.
Marginal note:No appeal
29. No appeal lies from any decision or order solely on the grounds that a right under this Act has been infringed or denied.
PARLIAMENTARY REVIEW
Marginal note:Review of Canadian Victims Bill of Rights
2.1 Five years after section 2 comes into force, a committee of Parliament is to be designated or established for the purpose of reviewing the Canadian Victims Bill of Rights enacted by that section.
R.S., c. C-46CRIMINAL CODE
Amendments to the Act
Marginal note:1999, c. 25, s. 1
3. The definition “victim” in section 2 of the Criminal Code is replaced by the following:
“victim”
« victime »
“victim” means a person against whom an offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of the offence and includes, for the purposes of sections 672.5, 722 and 745.63, a person who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offence against any other person.
4. The Act is amended by adding the following after section 2.1:
Marginal note:Acting on victim’s behalf
2.2 (1) For the purposes of sections 606, 672.5, 722, 737.1 and 745.63, 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 victim’s common-law partner, or if the victim is dead, their common-law partner at the time of death;
(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; 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
(2) An individual is not entitled to act on a victim’s behalf if the individual is an accused in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not criminally responsible on account of mental disorder or unfit to stand trial in respect of that offence.
Marginal note:1997, c. 30, s. 1
5. (1) The portion of subsection 278.2(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Production of record to accused
278.2 (1) Except in accordance with sections 278.3 to 278.91, no record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
Marginal note:1997, c. 30, s. 1
(2) Subsection 278.2(1) of the Act is amended by adding “or” at the end of paragraph (a) and by replacing the portion after paragraph (a) with the following:
(b) any offence under this Act, as it read at any time before the day on which this paragraph comes into force, if the conduct alleged involves a violation of the complainant’s sexual integrity and that conduct would be an offence referred to in paragraph (a) if it occurred on or after that day.
Marginal note:1997, c. 30, s. 1
6. Subsection 278.3(5) of the Act is replaced by the following:
Marginal note:Service of application and subpoena
(5) The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 14 days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.
7. Section 278.4 of the Act is amended by adding the following after subsection (2):
Marginal note:Right to counsel
(2.1) The judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
Marginal note:1997, c. 30, s. 1
8. The portion of subsection 278.5(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Factors to be considered
(2) In determining whether to order the production of the record or part of the record for review pursuant to subsection (1), the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates. In particular, the judge shall take the following factors into account:
Marginal note:1997, c. 30, s. 1
9. Subsection 278.6(3) of the Act is replaced by the following:
Marginal note:Provisions re hearing
(3) Subsections 278.4(2) to (3) apply in the case of a hearing under subsection (2).
Marginal note:1997, c. 30, s. 1
10. (1) Subsection 278.7(2) of the Act is replaced by the following:
Marginal note:Factors to be considered
(2) In determining whether to order the production of the record or part of the record to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates and, in particular, shall take the factors specified in paragraphs 278.5(2)(a) to (h) into account.
Marginal note:1997, c. 30, s. 1
(2) The portion of subsection 278.7(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions on production
(3) If the judge orders the production of the record or part of the record to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record relates, including, for example, the following conditions:
Marginal note:2011, c. 6, s. 4
11. Sections 380.3 and 380.4 of the Act are repealed.
Marginal note:2001, c. 32, s. 11
12. (1) The portion of subsection 423.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear in
Marginal note:2001, c. 32, s. 11
(2) Subsection 423.1(2) of the Act is repealed.
Marginal note:2005, c. 32, s. 15
13. Subsection 486(2) of the Act is replaced by the following:
Marginal note:Factors to be considered
(2) In determining whether the order is in the interest of the proper administration of justice, the judge or justice shall consider
(a) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;
(b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings;
(c) the ability of the witness to give a full and candid account of the acts complained of if the order were not made;
(d) whether the witness needs the order for their security or to protect them from intimidation or retaliation;
(e) the protection of justice system participants who are involved in the proceedings;
(f) whether effective alternatives to the making of the proposed order are available in the circumstances;
(g) the salutary and deleterious effects of the proposed order; and
(h) any other factor that the judge or justice considers relevant.
Marginal note:2005, c. 32, s. 15
14. Subsections 486.1(1) to (3) of the Act are replaced by the following:
Marginal note:Support person — witnesses under 18 or who have a disability
486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Marginal note:Other witnesses
(2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.
Marginal note:Application
(2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
Marginal note:Factors to be considered
(3) In determining whether to make an order under subsection (2), the judge or justice shall consider
(a) the age of the witness;
(b) the witness’ mental or physical disabilities, if any;
(c) the nature of the offence;
(d) the nature of any relationship between the witness and the accused;
(e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;
(f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and
(g) any other factor that the judge or justice considers relevant.
Marginal note:2005, c. 32, s. 15; 2014, c. 17, s. 12
15. Section 486.2 of the Act is replaced by the following:
Marginal note:Testimony outside court room — witnesses under 18 or who have a disability
486.2 (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Marginal note:Other witnesses
(2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.
Marginal note:Application
(2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
Marginal note:Factors to be considered
(3) In determining whether to make an order under subsection (2), the judge or justice shall consider
(a) the age of the witness;
(b) the witness’ mental or physical disabilities, if any;
(c) the nature of the offence;
(d) the nature of any relationship between the witness and the accused;
(e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;
(f) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer;
(g) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and
(h) any other factor that the judge or justice considers relevant.
Marginal note:Same procedure for determination
(4) If the judge or justice is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) should be made in respect of that witness, the judge or justice shall order that the witness testify in accordance with that subsection.
Marginal note:Conditions of exclusion
(5) A witness shall not testify outside the court room in accordance with an order made under subsection (1) or (2) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.
Marginal note:No adverse inference
(6) No adverse inference may be drawn from the fact that an order is, or is not, made under subsection (1) or (2).
Marginal note:2005, c. 32, s. 15
16. Subsections 486.3(1) to (4.1) of the Act are replaced by the following:
Marginal note:Accused not to cross-examine witnesses under 18
486.3 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.
Marginal note:Accused not to cross-examine complainant — certain offences
(2) In any proceedings against an accused in respect of an offence under any of sections 264, 271, 272 and 273, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.
Marginal note:Other witnesses
(3) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused not personally cross-examine the witness if the judge or justice is of the opinion that the order would allow the giving of a full and candid account from the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. If the order is made, the judge or justice shall appoint counsel to conduct the cross-examination.
Marginal note:Factors to be considered
(4) In determining whether to make an order under subsection (3), the judge or justice shall consider
(a) the age of the witness;
(b) the witness’ mental or physical disabilities, if any;
(c) the nature of the offence;
(d) whether the witness needs the order for their security or to protect them from intimidation or retaliation;
(e) the nature of any relationship between the witness and the accused;
(f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and
(g) any other factor that the judge or justice considers relevant.
Marginal note:Application
(4.1) An application referred to in any of subsections (1) to (3) may be made during the proceedings to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
17. The Act is amended by adding the following after section 486.3:
Marginal note:Non-disclosure of witness’ identity
486.31 (1) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.
Marginal note:Hearing may be held
(2) The judge or justice may hold a hearing to determine whether the order should be made, and the hearing may be in private.
Marginal note:Factors to be considered
(3) In determining whether to make the order, the judge or justice shall consider
(a) the right to a fair and public hearing;
(b) the nature of the offence;
(c) whether the witness needs the order for their security or to protect them from intimidation or retaliation;
(d) whether the order is needed to protect the security of anyone known to the witness;
(e) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer;
(f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;
(g) the importance of the witness’ testimony to the case;
(h) whether effective alternatives to the making of the proposed order are available in the circumstances;
(i) the salutary and deleterious effects of the proposed order; and
(j) any other factor that the judge or justice considers relevant.
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
Marginal note:2005, c. 32, s. 15
18. (1) The portion of subsection 486.4(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Order restricting publication — sexual offences
486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
Marginal note:2005, c. 32, s. 15
(2) Paragraph 486.4(1)(a) of the Act is amended by adding “or” at the end of subparagraph (i) and by replacing subparagraphs (ii) and (iii) of the Act with the following:
(ii) any offence under this Act, as it read at any time before the day on which this subparagraph comes into force, if the conduct alleged involves a violation of the complainant’s sexual integrity and that conduct would be an offence referred to in subparagraph (i) if it occurred on or after that day; or
Marginal note:2005, c. 32, s. 15
(3) Paragraph 486.4(1)(b) of the Act is replaced by the following:
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
Marginal note:2005, c. 32, s. 15
(4) Subsection 486.4(2) of the Act is replaced by the following:
Marginal note:Mandatory order on application
(2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and
(b) on application made by the victim, the prosecutor or any such witness, make the order.
Marginal note:Victim under 18 — other offences
(2.1) Subject to subsection (2.2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way.
Marginal note:Mandatory order on application
(2.2) In proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice shall
(a) as soon as feasible, inform the victim of their right to make an application for the order; and
(b) on application of the victim or the prosecutor, make the order.
Marginal note:2005, c. 32, s. 15
19. (1) Subsections 486.5(1) and (2) of the Act are replaced by the following:
Marginal note:Order restricting publication — victims and witnesses
486.5 (1) Unless an order is made under section 486.4, on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.
Marginal note:Justice system participants
(2) On application of the prosecutor in respect of a justice system participant who is involved in proceedings in respect of an offence referred to in subsection (2.1), or on application of such a justice system participant, a judge or justice may make an order directing that any information that could identify the justice system participant shall not be published in any document or broadcast or transmitted in any way if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.
Marginal note:Offences
(2.1) The offences for the purposes of subsection (2) are
(a) an offence under section 423.1, 467.11, 467.111, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization;
(b) a terrorism offence;
(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; or
(d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).
Marginal note:2005, c. 32, s. 15
(2) Paragraph 486.5(7)(b) of the Act is replaced by the following:
(b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer harm if their identity were disclosed;
20. Section 515 of the Act is amended by adding the following after subsection (12):
Marginal note:Consideration of victim’s safety and security
(13) A justice who makes an order under this section shall include in the record of the proceedings a statement that he or she considered the safety and security of every victim of the offence when making the order.
Marginal note:Copy to victim
(14) If an order is made under this section, the justice shall, on request by a victim of the offence, cause a copy of the order to be given to the victim.
21. Section 606 of the Act is amended by adding the following after subsection (4):
Marginal note:Inquiry of court — murder and serious personal injury offences
(4.1) If the accused is charged with a serious personal injury offence, as that expression is defined in section 752, or with the offence of murder, and the accused and the prosecutor have entered into an agreement under which the accused will enter a plea of guilty of the offence charged — or a plea of not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence — the court shall, after accepting the plea of guilty, inquire of the prosecutor if reasonable steps were taken to inform the victims of the agreement.
Marginal note:Inquiry of court — certain indictable offences
(4.2) If the accused is charged with an offence, as defined in section 2 of the Canadian Victims Bill of Rights, that is an indictable offence for which the maximum punishment is imprisonment for five years or more, and that is not an offence referred to in subsection (4.1), and the accused and the prosecutor have entered into an agreement referred to in subsection (4.1), the court shall, after accepting the plea of guilty, inquire of the prosecutor whether any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into, and, if so, whether reasonable steps were taken to inform that victim of the agreement.
Marginal note:Duty to inform
(4.3) If subsection (4.1) or (4.2) applies, and any victim was not informed of the agreement before the plea of guilty was accepted, the prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea.
Marginal note:Validity of plea
(4.4) Neither the failure of the court to inquire of the prosecutor, nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement, affects the validity of the plea.
Marginal note:1999, c. 25, s. 11
22. (1) Subsection 672.5(14) of the Act is replaced by the following:
Marginal note:Victim impact statement
(14) A victim of the offence may prepare and file with the court or Review Board a written statement describing the physical or emotional harm, property damage or economic loss suffered by the victim as the result of the commission of the offence and the impact of the offence on the victim. Form 48.2 in Part XXVIII, or a form approved by the lieutenant governor in council of the province in which the court or Review Board is exercising its jurisdiction, must be used for this purpose.
Marginal note:2005, c. 22, s. 16(3)
(2) Subsection 672.5(16) of the Act is repealed.
Marginal note:1995, c. 22, s. 6
23. (1) The portion of subsection 718 of the Act before paragraph (b) is replaced by the following:
Marginal note:Purpose
718. The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
Marginal note:1995, c. 22, s. 6
(2) Paragraph 718(f) of the Act is replaced by the following:
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.
Marginal note:1995, c. 22, s. 6
24. Paragraph 718.2(e) of the Act is replaced by the following:
(e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.
Marginal note:1995, c. 22, s. 6; 1999, c. 25, s. 17; 2000, c. 12, par. 95(d)
25. Section 722 of the Act is replaced by the following:
Marginal note:Victim impact statement
722. (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement of a victim prepared in accordance with this section and filed with the court describing the physical or emotional harm, property damage or economic loss suffered by the victim as the result of the commission of the offence and the impact of the offence on the victim.
Marginal note:Inquiry by court
(2) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection (1).
Marginal note:Adjournment
(3) On application of the prosecutor or a victim or on its own motion, the court may adjourn the proceedings to permit the victim to prepare a statement referred to in subsection (1) or to present evidence in accordance with subsection (9), if the court is satisfied that the adjournment would not interfere with the proper administration of justice.
Marginal note:Form
(4) The statement must be prepared in writing, using Form 34.2 in Part XXVIII, in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction.
Marginal note:Presentation of statement
(5) The court shall, on the request of a victim, permit the victim to present the statement by
(a) reading it;
(b) reading it in the presence and close proximity of any support person of the victim’s choice;
(c) reading it outside the court room or behind a screen or other device that would allow the victim not to see the offender; or
(d) presenting it in any other manner that the court considers appropriate.
Marginal note:Photograph
(6) During the presentation
(a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court, disrupt the proceedings; or
(b) if the statement is presented by someone acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court, disrupt the proceedings.
Marginal note:Conditions of exclusion
(7) The victim shall not present the statement outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
Marginal note:Consideration of statement
(8) In considering the statement, the court shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection (1) and disregard any other portion.
Marginal note:Evidence concerning victim admissible
(9) Whether or not a statement has been prepared and filed in accordance with this section, the court may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.
Marginal note:1999, c. 25, s. 18
26. Subsection 722.2 of the Act is replaced by the following:
Marginal note:Community impact statement
722.2 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement made by an individual on a community’s behalf that was prepared in accordance with this section and filed with the court describing the harm or loss suffered by the community as the result of the commission of the offence and the impact of the offence on the community.
Marginal note:Form
(2) The statement must be prepared in writing, using Form 34.3 in Part XXVIII, in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction.
Marginal note:Presentation of statement
(3) The court shall, on the request of the individual making the statement, permit the individual to present the statement by
(a) reading it;
(b) reading it in the presence and close proximity of any support person of the individual’s choice;
(c) reading it outside the court room or behind a screen or other device that would allow the individual not to see the offender; or
(d) presenting it in any other manner that the court considers appropriate.
Marginal note:Conditions of exclusion
(4) The individual making the statement shall not present it outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
Marginal note:Copy of statement
(5) The clerk of the court shall, as soon as feasible after a finding of guilt, provide a copy of the statement to the offender or counsel for the offender, and to the prosecutor.
Marginal note:2008, c. 18, s. 37
27. Paragraph 732.1(5)(a) of the Act is replaced by the following:
(a) cause a copy of the order to be given to the offender and, on request, to the victim;
Marginal note:1999, c. 25, s. 20
28. Subsection 737(4) of the Act is replaced by the following:
Marginal note:Time for payment
(4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.
29. The Act is amended by adding the following before section 738:
Marginal note:Court to consider restitution order
737.1 (1) If an offender is convicted or is discharged under section 730 of an offence, the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739.
Marginal note:Inquiry by court
(2) As soon as feasible after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.
Marginal note:Adjournment
(3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court is satisfied that the adjournment would not interfere with the proper administration of justice.
Marginal note:Form
(4) Victims and other persons may indicate whether they are seeking restitution by completing Form 34.1 in Part XXVIII or a form approved for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses and damages, the amount of which must be readily ascertainable, in the same manner.
Marginal note:Reasons
(5) If a victim seeks restitution and the court does not make a restitution order, it shall include in the record a statement of the court’s reasons for not doing so.
30. The Act is amended by adding the following after section 739:
Marginal note:Ability to pay
739.1 The offender’s financial means or ability to pay does not prevent the court from making an order under section 738 or 739.
Marginal note:Payment under order
739.2 In making an order under section 738 or 739, the court shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court is of the opinion that the amount should be paid in instalments, in which case the court shall set out a periodic payment scheme in the order.
Marginal note:More than one person
739.3 An order under section 738 or 739 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid.
Marginal note:Public authority
739.4 (1) On the request of a person in whose favour an order under section 738 or 739 would be made, the court may make the order in favour of a public authority, designated by the regulations, who is to be responsible for enforcing the order and remitting to the person making the request all amounts received under it.
Marginal note:Orders
(2) The lieutenant governor in council of a province may, by order, designate any person or body as a public authority for the purpose of subsection (1).
Marginal note:2004, c. 12, s. 13
31. Subsection 741(1) of the Act is replaced by the following:
Marginal note:Enforcing restitution order
741. (1) An offender who fails to pay all of the amount that is ordered to be paid under section 732.1, 738, 739 or 742.3 by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order and the person to whom the amount, or the periodic payment, as the case may be, was to be made may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Marginal note:1995, c. 22, s. 6
32. Section 741.1 of the Act is replaced by the following:
Marginal note:Notice of orders of restitution
741.1 If a court makes an order of restitution under section 738 or 739, it shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid, and if it is to be paid to a public authority designated by regulations made under subsection 739.4(2), to the public authority and the person to whom the public authority is to remit amounts received under the order.
Marginal note:2008, c. 18, s. 40
33. Paragraph 742.3(3)(a) of the Act is replaced by the following:
(a) cause a copy of the order to be given to the offender and, on request, to the victim;
Marginal note:1996, c. 34, s. 2(2)
34. Subsection 745.63(2) of the Act is repealed.
Marginal note:2011, c. 6, s. 5
35. Form 34.1 in Part XXVIII of the Act is replaced by the following:
FORM 34.1(Subsection 737.1(4))STATEMENT ON RESTITUTION
Canada,
Province of 
,
(territorial division).
To the court that is sentencing (name the offender) who was convicted, or was discharged under section 730 of the Criminal Code, of an offence under that Act.
I, (name of declarant), declare that (check the appropriate box):
- [ ] (i)I am not seeking restitution for the losses and damages I suffered as the result of the commission of the offence.
- [ ] (ii)I am seeking restitution in the amount of $ for the following losses and damages I suffered as the result of the commission of the offence.
I declare that I have suffered the following losses and damages as the result of the commission of the offence:
(Complete the following table if seeking restitution.)
Description (describe each loss and damage) | Amount of loss and damage (state the amount of each loss and damage) |
|---|---|
1. |
|
2. |
|
3. |
|
4. |
|
I understand that the amount of my losses and damages must be readily ascertainable by the court. For that purpose, I am responsible for providing the court with all necessary documents, including bills, receipts and estimates, in support of my claim for restitution.
Dated this day of 20, at .
Signature of declarant
FORM 34.2(Subsection 722(4))VICTIM IMPACT STATEMENT
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the offence or the offender that is not relevant to the harm or loss you suffered;
• any unproven allegations;
• any comments about any offence for which the offender was not convicted;
• any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or
• except with the court’s approval, an opinion or recommendation about the sentence.
You may present a detailed account of the impact the offence has had on your life. 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 offence 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 they relate to the offence.
Physical impact
Describe how the offence 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 offence;
• 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 offence 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;
• 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 offender; and
• concerns with respect to contact between the offender 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 offence has had on you.
I would like to present my statement in court.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20, at .
Signature of declarant
If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim.
Dated this day of 20, at .
Signature of declarant
FORM 34.3(Subsection 722.2(2))COMMUNITY IMPACT STATEMENT
This form may be used to provide a description of the harm or loss suffered by a community as the result of the commission of an offence, as well as a description of the impact of the offence on the community. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the offence or the offender that is not relevant to the harm or loss suffered by the community;
• any unproven allegations;
• any comments about any offence for which the offender was not convicted;
• any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or
• except with the court’s approval, an opinion or recommendation about the sentence.
Name of community on whose behalf the statement is made:
Explain how the statement reflects this community’s views:
You may present a detailed account of the impact the offence has had on the community. 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 offence has affected community members emotionally. For example, think of
• community members’ lifestyles and activities;
• community members’ relationships with others in the community and outside it;
• community members’ ability to work, attend school or study;
• community members’ feelings, emotions and reactions as they relate to the offence; and
• the community’s sense of belonging to the region.
Physical impact
Describe how the offence has affected community members physically. For example, think of
• the ability of community members to access services; and
• changes in transportation and routes taken to and from school, work, shopping, etc.
Economic impact
Describe how the offence has affected the community financially. For example, think of
• any reduction in the number of visitors or tourists to the region;
• the value of any property that was lost or damaged and the cost of repairs or replacement; 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 that community members have for their security or that of their family and friends. For example, think of concerns with respect to contact with the offender.
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 offence has had on the community.
I would like to present this statement in court.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20, at .
Signature of declarant
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).
47. The Act is amended by adding the following after section 26:
Marginal note:Victim-offender mediation services
26.1 (1) The Service shall provide every victim, and every person referred to in subsection 26(3), who has registered themselves with the Service for the purposes of this section with information about its restorative justice programs and its victim-offender mediation services, and, on the victim’s or other person’s request, may take measures to provide those services.
Marginal note:Consent required
(2) The Service’s victim-offender mediation services are to be provided in accordance with the Commissioner’s Directives and they may be provided only with the informed consent of the participants that is voluntarily given.
Marginal note:1997, c. 17, s. 30
48. (1) Subsection 134.1(3) of the Act is replaced by the following:
Marginal note:Conditions to protect victim
(2.1) If a victim, or a person referred to in subsection 142(3), has provided the Board with a statement describing the harm, property damage or loss suffered by them, as the result of the commission of an offence and its continuing impact on them — including any safety concerns — the Board shall impose any conditions on the long-term supervision of the offender that it considers reasonable and necessary to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.
Marginal note:Written reasons
(2.2) If a statement referred to in subsection (2.1) has been provided to the Board and it decides not to impose any conditions under that subsection, it shall provide written reasons for its decision.
Marginal note:For greater certainty
(2.3) For greater certainty, if no statement has been provided to the Board, nothing in subsection (2.1) precludes the Board from imposing any condition under subsection (2).
Marginal note:Duration of conditions
(3) A condition imposed under subsection (2) or (2.1) is valid for the period that the Board specifies.
Marginal note:1997, c. 17, s. 30
(2) Paragraph 134.1(4)(b) of the Act is replaced by the following:
(b) in respect of conditions imposed under subsection (2) or (2.1), remove or vary any such condition.
(3) Section 134.1 of the Act is amended by adding the following after subsection (4):
Marginal note:Obligation — removal or variance of condition
(5) Before removing or varying any condition imposed under subsection (2.1) on an offender, the Board shall take reasonable steps to inform every victim or person who provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.
49. (1) Subsection 140(6) of the Act is repealed.
Marginal note:2012, c. 1, s. 96(2)
(2) Subsection 140(10) of the Act is replaced by the following:
Marginal note:Presentation of statements
(10) If they are attending a hearing as an observer,
(a) a victim may present a statement describing the harm, property damage or loss suffered by them as the result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and
(b) a person referred to in subsection 142(3) may present a statement describing the harm, property damage or loss suffered by them as the result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code, and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender.
(3) Section 140 of the Act is amended by adding the following after subsection (12):
Marginal note:Audio recording
(13) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), who does not attend a hearing in respect of a review referred to in paragraph (1)(a) or (b) as an observer is entitled, after the hearing, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers could reasonably be expected to jeopardize the safety of any person or to reveal a source of information obtained in confidence.
Marginal note:Access to information
(14) If an observer has been present during a hearing or a victim or a person has exercised their right under subsection (13), any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.
50. (1) Paragraph 142(3)(a) of the Act is replaced by the following:
(a) that 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
(2) Section 142 of the Act is amended by adding the following after subsection (3):
Marginal note:Representative
(3.1) 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. In that case, the victim shall provide the Chairperson with the representative’s contact information.
Marginal note:Withdrawal of request
(3.2) A victim who has made a request referred to in subsection (1) or (2) may inform the Chairperson in writing that they no longer want the information to be disclosed to them. In that case, the Chairperson shall not contact them or their representative, if any, unless the victim subsequently makes the request again.
Marginal note:Deemed withdrawal of request
(3.3) The Chairperson may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Chairperson has made reasonable efforts to contact the victim and has failed to do so.
Marginal note:Other persons
(3.4) Subsections (3.1) to (3.3) also apply, with any necessary modifications, to a person who has satisfied the Chairperson of the matters referred to in paragraphs (3)(a) and (b).
51. The Act is amended by adding the following after section 144:
Marginal note:Copy of decision
144.1 At the request of a victim, or a person referred to in subsection 142(3), the Board shall, despite section 144, provide the victim or person with a copy of any decision rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code in relation to the offender and its reasons for that decision, unless doing so could reasonably be expected
(a) to jeopardize the safety of any person;
(b) to reveal a source of information obtained in confidence; or
(c) to prevent the successful reintegration of the offender into society.
R.S., c. C-5AMENDMENTS TO THE CANADA EVIDENCE ACT
Marginal note:2002, c. 1, s. 166
52. (1) Subsection 4(2) of the Canada Evidence Act is replaced by the following:
Marginal note:Spouse of accused
(2) No person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused.
(2) Subsections 4(4) and (5) of the Act are repealed.
53. Section 16 of the Act is amended by adding the following after subsection (3):
Marginal note:No questions regarding understanding of promise
(3.1) A person referred to in subsection (3) shall not be asked any questions regarding their understanding of the nature of the promise to tell the truth for the purpose of determining whether their evidence shall be received by the court.
1996, c. 23AMENDMENT TO THE EMPLOYMENT INSURANCE ACT
54. Section 133 of the Employment Insurance Act is repealed.
COORDINATING AMENDMENTS
Marginal note:Bill C-13
55. (1) Subsections (2) and (3) apply if Bill C-13 introduced in the 2nd session of the 41st Parliament and entitled the Protecting Canadians from Online Crime Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 52(1) of this Act comes into force before section 27 of the other Act, then that section 27 is repealed.
(3) If subsection 52(1) of this Act comes into force on the same day as section 27 of the other Act, then that section 27 is deemed to have come into force before that subsection 52(1).
Marginal note:Bill C-14
56. (1) Subsections (2) to (5) apply if Bill C-14 introduced in the 2nd session of the 41st Parliament and entitled the Not Criminally Responsible Reform Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 22(1) of this Act comes into force before subsection 7(4) of the other Act, then that subsection 7(4) is repealed.
(3) If subsection 22(1) of this Act comes into force on the same day as subsection 7(4) of the other Act, then that subsection 7(4) is deemed to have come into force before that subsection 22(1).
(4) If subsection 22(2) of this Act comes into force before subsection 7(5) of the other Act, then on the day on which that subsection 7(5) comes into force, subsection 672.5(16) of the Criminal Code is repealed.
(5) If subsection 22(2) of this Act comes into force on the same day as subsection 7(5) of the other Act, then that subsection 7(5) is deemed to have come into force before that subsection 22(2).
Marginal note:Bill C-26
57. (1) Subsections (2) and (3) apply if Bill C-26 introduced in the 2nd session of the 41st Parliament and entitled the Tougher Penalties for Child Predators Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 52(1) of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.
(3) If subsection 52(1) of this Act comes into force on the same day as section 20 of the other Act, then that section 20 is deemed to have come into force before that subsection 52(1).
Marginal note:Bill C-479
58. If Bill C-479, introduced in the 1st session of the 41st Parliament and entitled An Act to bring Fairness for the Victims of Violent Offenders, receives royal assent, then, on the first day on which both subsection 6(3) of that Act and subsection 46(4) of this Act are in force, subsection 142(1.1) of the Corrections and Conditional Release Act is replaced by the following:
Marginal note:Timing of disclosure
(1.1) The Chairperson 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 Chairperson shall disclose it at least 14 days before that day.
Marginal note:Bill C-489
59. If Bill C-489, introduced in the 1st session of the 41st Parliament and entitled the An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders), receives royal assent, then, on the first day on which both section 5 of that Act and subsection 48(3) of this Act are in force,
(a) subsection 133(3.1) of the English version of the Corrections and Conditional Release Act is replaced by the following:
Marginal note:Conditions to protect victim
(3.1) If a victim or a person referred to in subsection 26(3) or 142(3) has provided the releasing authority with a statement describing the harm, property damage or loss suffered by them as a result of the commission of an offence or its continuing impact on them — including any safety concerns — or commenting on the possible release of the offender, the releasing authority shall impose any conditions on the parole, statutory release or unescorted temporary absence of the offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.
(b) section 133 of the Corrections and Conditional Release Act is amended by adding the following after subsection (6):
Marginal note:Obligation — removal or variance of condition
(7) Before removing or varying any condition imposed under subsection (3.1) on an offender, the releasing authority shall take reasonable steps to inform every victim or person that provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.
COMING INTO FORCE
Marginal note:Ninety days after Royal Assent
60. (1) Sections 1 to 44 and 52 to 54 come into force 90 days after the day on which this Act receives royal assent.
Marginal note:Order in council
(2) Sections 45 to 51 come into force on a day or days to be fixed by order of the Governor in Council.
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