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Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 240

THE JUSTICE FOR VICTIMS OF CHILD PORNOGRAPHY ACT


Table of Contents Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           The following definitions apply in this Act.

"child pornography offence" means an offence under section 163.1 of the Criminal Code (Canada) (making, distributing, publishing, possessing or accessing child pornography). (« infraction liée à la pornographie juvénile »)

"court" means the Court of Queen's Bench. (« tribunal »)

"fund" means the Child Pornography Victims Fund established under subsection 6(1). (« Fonds »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

Application on behalf of victim

2           If a resident of Manitoba is convicted of a child pornography offence, the minister may apply to the court for an order requiring the convicted person to pay damages for injuries and other losses suffered by an unidentified child who is depicted in the child pornography in question.

Proof of offence

3           In an application under this Act, proof that the respondent was convicted of a child pornography offence is proof that he or she committed the offence in relation to the child depicted in the child pornography in question.

Evidence of damages

4           In an application under this Act, the evidence of expert witnesses and evidence from other victims of child pornography may be introduced to demonstrate the type of damages suffered by victims of child pornography.

When court may make order

5(1)        The court may make an order requiring the respondent to pay damages into the fund if it determines that the respondent caused or contributed to damages suffered by a child depicted in the child pornography in question.

Assessment of damages

5(2)        In assessing damages, the court may consider

(a) the conduct in the child pornography in question; and

(b) evidence introduced under section 4.

Fund established

6(1)        The Child Pornography Victims Fund is hereby established.

Control and supervision of fund

6(2)        The fund is under the control and supervision of the minister, and is to be deposited with the Minister of Finance and held in trust for the purposes of this Act in a separate account in the Consolidated Fund.

Payments into fund

7           The minister must deposit all damages recovered as the result of an order made under this Act into the fund.

Requisitions from fund

8(1)        Payments from the fund are to be made by the Minister of Finance on the requisition of the minister.

Payments from fund

8(2)        Payments may be made from the fund to one or more of the following:

(a) a child depicted in the child pornography in question who is subsequently identified;

(b) an identified victim of child pornography who has commenced an action for damages against a person convicted of a child pornography offence, in order to defray the costs of the action;

(c) a program or group designated by regulation that either provides services to victims of child pornography or works to detect or prevent child pornography;

(d) a program operated by a law enforcement agency that is intended to prevent or reduce child pornography;

(e) the Victims' Assistance Fund under the Victims' Bill of Rights.

Regulations

9           The Lieutenant Governor in Council may make regulations

(a) designating programs or groups that are eligible to receive payments from the fund under clause 8(2)(c);

(b) respecting the process for making payments from the fund;

(c) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

C.C.S.M. reference

10          This Act may be referred to as chapter J39 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

11          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill allows an application to be made to court for an award of damages from a person convicted of a child pornography offence on behalf of his or her unidentified child victims. The damages recovered will be used to benefit victims of child pornography and to assist programs working against child pornography.