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The Victims' Bill of Rights

C.C.S.M. c. V55

The Victims' Bill of Rights

PART 1
DECLARATION OF VICTIMS' RIGHTS
DEFINITIONS
1 (1) Definitions
(2) Exercise of rights by corporation or other entity
(3) Registered common-law relationship
VICTIMS' RIGHTS AND ACCESS TO SERVICES
2 (1) Victims' entitlement to services by request
(2) Minister may approve a form of request
(3) Reasonable effort to be made to locate victim
2.1 (1) Relative of deceased victim may receive information
(2) Application requirements
(3) Right to information
LAW ENFORCEMENT AGENCIES
3 Right to information from police agency
3.1 Independent investigation unit
4 Right to give opinion on alternative measures and release
5 Right to interview by same gender in sexual offence
6 Right to confidentiality
7 Right to information about investigation of offence
8 Right to information about escape from police custody
9 Right to return of property
10 Minister may make agreement for services
11 Right to information about prosecution office
PROSECUTIONS
12 Right to information about prosecutions
13 Right to information about status of prosecution
14 (1) Right to give views on prosecution
(2) Consideration of victim's views
15 Right of victim to have restitution requested
16 Right to information about corrections office
COURT ADMINISTRATION
17 Right to information about court administration
18 Right to separate waiting area at court
CORRECTIONAL SERVICES
19 (1) Right to information from correctional services
(2) Information about person accused or guilty of offence
(3) Right of victim to discuss release and conditions
20 Right to warning of possible threat
21 (1) Right to request meeting with offender
(2) Commissioner to arrange meeting
22 Minister may make agreement for services
REVIEW BOARD
23 (1) Definition of "Review Board"
(2) Right to information about role and process
(3) Right to information about status of matter under review
LEGAL SERVICES
24 Right to information about legal aid services
25 Right to free and independent counsel
VICTIMS' TIME OFF FROM EMPLOYMENT
26 (1) Victim to be granted time off for parts of trial
(2) Time off not to affect seniority or benefits
(3) Application of The Labour Relations Act
(4) Calculation of loss not to include time at court
(5) Continuity of employment
ACCOUNTABILITY AND COMPLAINT PROCESS
27 Definition of "director"
28 (1) Complaint to director
(2) Director to investigate complaint
(3) Director to provide victim with report
(4) Content of report
(5) Right of victim to comment on report
29 (1) When director may extend time
(2) Victim to be given notice of extended time
30 (1) Ombudsman Act applies to any complaint
(2) Ombudsman to designate Crime Victim Investigator
31 (1) Annual report of director regarding complaints
(2) Report to be tabled in the Assembly
GENERAL PROVISIONS
32 Disclosure limited by federal Act or court order
33 Delegation
34 Liability
35 No appeal
36 Regulations
37 Part 1 to be reviewed within five years
PART 2
DEFINITIONS
38 Definitions
PART 3
ADMINISTRATION
39 (1) Designation of director
(2) Duties and functions
(3) Delegation
PART 4
VICTIMS' ASSISTANCE FUND
40 (1) Fund continued
(2) Money to be deposited into fund
(3) Other money payable to fund
41 Fund to be held in separate trust account
42 Investment of excess money
43 Use of fund
43.1 Funds from Civil Remedies Against Organized Crime Act
43.2 Repealed
SURCHARGES
44 (1) Surcharge payable by person guilty of offence
(2) Amount of surcharge
(3) Collection of surcharge
(4) Justice may reduce or waive surcharge
PART 5
COMPENSATION FOR VICTIMS OF CRIME
45 (1) Definitions
(2) Repealed
46 (1) Victims
(2) Charge or conviction not required
47 Compensation to injured victims
48 (1) Compensation to family members of deceased victims
(2) Additional compensation to dependants
48.1 (1) Compensation to witnesses
(2) Entitlement to compensation
(3) Witness deemed to be victim
48.2 (1) Compensation for caregiver's expenses
(2) Compensation for funeral expenses
49 Manner of payment of compensation
(1 Application requirements
(2) Application for person under 18
(3) Application for mentally incompetent person
51 (1) Time limit for applying
(2) Extension of time
(3) Extended application deadline for minors
52 (1) Director to evaluate applications
(2) Director may request information
53 Reports from attending professionals and hospitals
54 Director may refuse or reduce compensation
54.1 (1) Definition of "prescribed offence"
(2) No compensation — victim convicted of prescribed offence
(3) Exception
(4) Denial or reduction of compensation due to conviction for non-prescribed offences
55 Director may vary compensation
56 Certain amounts to be deducted from compensation
57 (1) Applicant to advise director of recovery or action
(2) Applicant may be required to take action
(3) Director to approve settlement of action
(4) Compensation may be reduced or revoked
58 (1) Application of money from person causing injury or death
(2) Reduction or discontinuance of periodic payment
59 (1) Director to give written notice of decisions
(2) Notice to include information on reconsideration
(3) Right to request reconsideration
(4) Director to give written notice of reconsideration
60 (1) Right to appeal decision made on reconsideration
(2) Extension of time
61 L.G. in C. may appoint or designate appeal body
62 Appointment of Compensation Appeal Board
63 Remuneration and expenses of board members
63.1 Director party to appeal
64 (1) Powers of appeal board
(2) Powers of inquiry
65 Appeal board may request assistance of experts
66 Appeal board to give written notice of decision
67 (1) Appeal to Queen's Bench
(2) Grounds for appeal
68 Garnishment of compensation
PART 6
GENERAL PROVISIONS
69 False statements
70 Recovery of grants and compensation as debt due
71 Regulations
PART 7
TRANSITIONAL, CONSEQUENTIAL, REPEAL, C.C.S.M. REFERENCE, AND COMING INTO FORCE
TRANSITIONAL PROVISIONS
72 (1) Application of Part 5
(2) Application under Criminal Injuries Act continued
(3) Applications made after new Act comes into force
(4) Review of orders made under Criminal Injuries Act
73 Reference in legislation or document to repealed Acts
74
REPEAL, C.C.S.M. REFERENCE, AND COMING INTO FORCE
75 Repeal
76 C.C.S.M. reference
77 Coming into force