C.C.S.M. c. V55
| |
|
| 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
|
| 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 recent 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
|