S.M. 1998, c. 44: Table of Contents

S.M. 1998, c. 44

THE VICTIMS' RIGHTS AND CONSEQUENTIAL AMENDMENTS ACT


Section Table of Contents Fran├žais
PART 1
VICTIMS' RIGHTS
1 Definitions
2 Act not to be read as reducing information, services or consultation
3 General rights of victims
4(1) Right to information about legal aid services
(2) Right to free independent counsel
5 Right to information about protective orders
6 Right to restitution or return of property
7 Right to information about restorative justice programs
8 Right to information about stages of criminal process
9 Right to participate in Victim Impact Statement Program
10(1) Definitions
(2) Right to information from Manitoba Corrections
(3) Warning regarding possible threat
11(1) Right to meet with offender
(2) Facility head to consider public interest
ACCOUNTABILITY AND COMPLAINT PROCESS
12(1) Complaint to director
(2) Director's investigation
(3) Report to victim
(4) Victim's comments
ANNUAL REPORT
13(1) Annual report of director regarding complaints
(2) Report not to use names
(3) Report to be tabled in the Assembly
14 No new right of action
PART 2
DEFINITIONS
15 Definitions
PART 3
ADMINISTRATION
16(1) Designation of director
(2) Duties and functions
(3) Delegation
PART 4
VICTIMS' ASSISTANCE FUND
17(1) Fund continued
(2) Money to be deposited into fund
(3) Other money payable to fund
18 Fund to be held in separate trust account
19 Investment of excess money
20 Use of fund
SURCHARGES
21(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
22 Definitions
23(1) Eligibility for compensation
(2) Charge or conviction not required
24 Compensation for victim's injury
25 Compensation for dependants of deceased victim
26 Manner of payment of compensation
27(1) Who may apply for compensation
(2) Application for person under 18
(3) Application for mentally incompetent person
28(1) Time limit for applying
(2) Extension of time
29(1) Director to evaluate applications
(2) Director may request information
30 Reports from attending professionals and hospitals
31 Director may refuse or reduce compensation
32 Director may vary compensation
33 Certain amounts to be deducted from compensation
34(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
35(1) Application of money from person causing injury or death
(2) Reduction or discontinuance of periodic payment
36(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
37(1) Right to appeal decision made on reconsideration
(2) Extension of time
38 L.G. in C. may appoint or designate appeal body
39 Appointment of Compensation Appeal Board
40 Remuneration and expenses of board members
41(1) Powers of appeal board
(2) Powers of inquiry
42 Appeal board may request assistance of experts
43 Appeal board to give written notice of decision
44(1) Appeal to Queen's Bench
(2) Grounds for appeal
45 Garnishment of compensation
PART 6
GENERAL PROVISIONS
46 False statements
47 Recovery of grants and compensation as debt due
48 Regulations
PART 7
TRANSITIONAL, CONSEQUENTIAL, REPEAL, C.C.S.M. REFERENCE, AND COMING
TRANSITIONAL PROVISIONS
49(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
50 Reference in legislation or document to repealed Acts
CONSEQUENTIAL AMENDMENTS
51 Consequential amendment, C.C.S.M. c. P215
REPEAL, C.C.S.M. REFERENCE, AND COMING INTO FORCE
52 Repeal
53 C.C.S.M. reference
54 Coming into force