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Third 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 15

THE VICTIMS' BILL OF RIGHTS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. V55 amended

1           The Victims' Bill of Rights is amended by this Act.

2           The following is added after section 2:

Relative of deceased victim may receive information

2.1(1)      If the victim is deceased, a parent or child of the victim — other than the alleged offender — may apply to receive the information that is to be provided to victims under this Part, even though he or she does not meet the definition of "victim" in this Part.

Application requirements

2.1(2)      The application must be made in writing to the person designated under Part 3 as the Director of Victim Services.

Right to information

2.1(3)      Once the Director of Victim Services has confirmed the applicant's relationship to the victim, the applicant is entitled to receive all information that is to be provided to a victim under this Part.

3           Section 14 is amended

(a) by renumbering it as subsection 14(1);

(b) in the section heading, by striking out "be consulted about" and substituting "give views on";

(c) in the part before clause (a), by striking out "consulted" and substituting "given an opportunity to provide his or her views"; and

(d) by adding the following as subsection 14(2):

Consideration of victim's views

14(2)       The victim's views are to be considered seriously when a decision is made on any of the matters set out in subsection (1).

Coming into force

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

Explanatory Note

The Victims' Bill of Rights currently gives the victim of a crime access to certain information about the investigation and prosecution of the offence and related matters. This Bill enables the parents and children of a deceased victim to get that information.  It also clarifies the ability of victims to give their views on matters relating to the prosecution of charges, and requires prosecutors to give those views serious consideration.