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Victims Bill of Rights Act (S.C. 2015, c. 13)

Assented to 2015-04-23

 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
  •  (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.

  •  (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.

  •  (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).

 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
  •  (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.

 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

 Section 133 of the Employment Insurance Act is repealed.

COORDINATING AMENDMENTS

Marginal note:Bill C-13
  •  (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
  •  (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).

 
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