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Fifth 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 3

THE VICTIMS' BILL OF RIGHTS AMENDMENT ACT (DENYING COMPENSATION TO OFFENDERS AND OTHER AMENDMENTS)


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(1)        Subsection 45(1) is amended

(a) by replacing the definitions "injury" and "victim" with the following:

"injury" means bodily harm, psychological harm or pregnancy resulting from the commission of an offence; (« blessure »)

"victim" means a person, other than a witness, who is injured or dies as a result of an incident described in subsection 46(1); (« victime »)

(b) in the definition "applicant", by striking out "subsection 46(1)" and substituting "this Part"; and

(c) by adding the following definition:

"witness" means a person who is in close proximity to an incident described in subsection 46(1) and personally views the incident. (« témoin »)

2(2)        Subsection 45(2) is repealed.

3(1)         Subsection 46(1) is amended by replacing everything before clause (a) with the following:

Victims

46(1)       For the purpose of this Part, a person is a victim if he or she is injured or dies as a result of an incident that occurs in Manitoba that

3(2)        Clause 46(2)(a) is amended by striking out "event" and substituting "incident".

4           Sections 47 and 48 are replaced with the following:

Compensation to injured victims

47          A victim who is injured as a result of an incident described in subsection 46(1) is entitled, in accordance with the regulations, to the following:

(a) reimbursement for expenses prescribed by regulation that were incurred as a result of the injury;

(b) compensation for related counselling services;

(c) if the victim is disabled by the injury, compensation for loss of wages;

(d) if the victim is permanently impaired by the injury, compensation for the impairment.

Compensation to family members of deceased victims

48(1)       If a victim dies as a result of an incident described in subsection 46(1), the spouse or common-law partner of the victim and a parent, child or sibling of the victim are entitled, in accordance with the regulations, to

(a) reimbursement for expenses prescribed by regulation that were incurred as a result of the death; and

(b) compensation for related counselling services.

Additional compensation to dependants

48(2)       In addition to the compensation provided under subsection (1),

(a) if the deceased victim had a spouse or common-law partner who was, in whole or in part, dependent on the income of the victim at the time of the victim's death, he or she is entitled, in accordance with the regulations, to compensation for loss of the victim's wages; or

(b) if a deceased victim did not have a spouse or common-law partner, any other dependant of the victim is entitled, in accordance with the regulations, to compensation for loss of the victim's wages in the form of a monthly payment.

5           The following is added after section 48:

Compensation to witnesses

48.1(1)     A person who is a witness to an incident described in subsection 46(1) is entitled, in accordance with the regulations, to

(a) reimbursement for expenses prescribed by regulation that were incurred as the result of the incident; and

(b) compensation for counselling services that are required to address psychological harm occurring as the direct result of witnessing the incident.

Entitlement to compensation

48.1(2)     Despite sections 54 and 54.1, a witness is entitled to compensation regardless of the conduct of the victim who was injured or killed in the incident in question.

Witness deemed to be victim

48.1(3)     A person who is claiming compensation under this section is deemed to be a victim for the purposes of sections 51, 53, 54, 54.1, 56, 57, 58 and 68 of this Act.

Compensation for caregiver's expenses

48.2(1)     A person who is responsible for the care and maintenance of the victim after an incident described in subsection 46(1) is entitled, in accordance with the regulations, to reimbursement for expenses prescribed by regulation that were incurred as the result of the victim's injury.

Compensation for funeral expenses

48.2(2)     A person who incurs funeral expenses in respect of a victim's death is entitled, in accordance with the regulations, to reimbursement of those expenses.

6           Subsection 50(1) is replaced with the following:

Application requirements

50(1        ) A person claiming compensation under this Part must apply in writing to the director on a form approved by the director.

7(1)        Subsection 51(1) is amended

(a) by striking out "subsection (2)" and substituting "subsections (2) and (3)"; and

(b) by striking out "event" and substituting "incident".

7(2)        The following is added after subsection 51(2):

Extended application deadline for minors

51(3)       If a person eligible for compensation is under 18 years of age, the deadline for applying for compensation is extended until one year after the person reaches the age of 18.

8           Section 54 is amended

(a) in the part before clause (a),

(i) by adding "under this Part" after "award compensation", and

(ii) by adding "under this Part" after "payable"; and

(b) in clause (a), by striking out "event" and substituting "incident".

9           The following is added after section 54:

Definition of "prescribed offence"

54.1(1)     In this section, "prescribed offence" means an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed in the regulations.

No compensation — victim convicted of prescribed offence

54.1(2)     No compensation is payable under this Part if the victim has been convicted of a prescribed offence.

Exception

54.1(3)     As an exception to subsection (2), the director may, in accordance with the regulations, pay compensation under this Part if

(a) the victim's conviction for the prescribed offence occurred more than 10 years before the incident that resulted in the victim's injury or death; and

(b) the victim has not been convicted of any offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) since he or she was convicted of the prescribed offence.

Denial or reduction of compensation due to recent conviction for non-prescribed offences

54.1(4)     The director may, in accordance with the regulations, deny or reduce the amount of compensation payable under this Part if the victim was convicted of one or more offences under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) — other than a prescribed offence — within the five-year period before the incident that resulted in the victim's injury or death.

10          The following is added after section 63:

Director party to appeal

63.1        The director is a party to an appeal and is entitled to be heard, through counsel or otherwise, at the appeal hearing.

11          Section 71 is amended

(a) in clause (d) of the English version, by striking out "(eligibility for compensation)";

(b) in subclause (e)(iii), by striking out "with respect to any one application" and substituting "the maximum amount of compensation payable as the result of an incident described in subsection 46(1)";

(c) in subclause (e)(iv), by striking out everything after "conduct for which" and substituting "compensation may be reduced or denied,"; and

(d) by adding the following after clause (e):

(e.1) respecting the denial or reduction of compensation under section 54.1, including prescribing offences for the purpose of subsection 54.1(1);

Transitional

12          Section 54.1, as enacted by section 9 of this Act, only applies to applications for compensation arising out of incidents described in subsection 46(1) that occur after the coming into force of this Act.

Coming into force

13          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Victims' Bill of Rights.

Compensation payable to a victim of crime may be denied or reduced if the victim has been involved in illegal activity in the past.

The entitlement to compensation for witnesses of a criminal incident is recognized.

Several provisions have been amended to clarify eligibility for various types of compensation, including compensation for counselling services.

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