S.M. 1998, c. 44
THE VICTIMS' RIGHTS AND CONSEQUENTIAL AMENDMENTS ACT
Table of Contents
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 |