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S.M. 1999, c. 31
THE VICTIMS' RIGHTS AMENDMENT ACT
(Assented to July 14, 1999)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Victims' Rights Act is amended by this Act.
Subsection 16(2) is amended by adding the following after clause (f):
(f.1) to carry out the functions of the director under Part 5.1;
The following Part is added after Part 5:
DISPOSITION OF DAMAGES AND SETTLEMENT AMOUNTS
In this Part,
"action" means an action by or on behalf of an affected inmate against the government, the minister or any staff member in connection with an injury experienced or alleged to have been experienced by the affected inmate while he or she was in custody; (« action »)
"affected inmate" means a person who experienced or is alleged to have experienced an injury while he or she was in custody; (« détenu concerné »)
"claim" means a claim by or on behalf of an affected inmate against the government, the minister or any staff member in connection with an injury experienced or alleged to have been experienced by the affected inmate while he or she was in custody; (« demande »)
"custodial facility" means a custodial facility as defined in The Correctional Services Act; (« établissement correctionnel »)
"director" means the person designated as the Director of Victims' Support Services under subsection 16(1); (« directeur »)
"in custody" means
(a) in custody in a custodial facility,
(b) in the custody of a sheriff or sheriff's officer outside a custodial facility, in a court facility or otherwise, where the inmate is to be returned or conveyed to a custodial facility; (« sous garde »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"victim" means a person against whom an affected inmate has committed a crime
(a) for which the affected inmate was found guilty;
(b) to which the affected inmate pleaded guilty; or
(c) in connection with which the victim was successful in a civil action against the affected inmate. (« victime »)
Redirection of damages and settlement amounts to Minister of Finance
(a) as a result of an action, the government or any person has been ordered by a court to pay damages to an affected inmate; or
(b) in settlement of a claim or action, the government or any person has agreed to pay an amount to an affected inmate;
the amount of the damages or settlement shall be paid to the Minister of Finance, who shall hold the amount in trust to be used to compensate victims in accordance with the procedures set out in this Part, and the liability to pay the damages or settlement is thereby discharged.
When an amount is paid to the Minister of Finance under section 45.2, the director shall make reasonable efforts to locate the victims of the affected inmate, including, subject to any regulations that may be made by the Lieutenant Governor in Council,
(a) by obtaining a list of the victims of the affected inmate who have applied for compensation under Part 5;
(b) by a process of advertising;
(c) by any other process the director considers appropriate.
An individual who satisfies the director that he or she is a victim of an affected inmate may register with the director for the purpose of receiving a share of any money that may be available under this Part.
Not sooner than 12 months after the day the amount of the damages or the settlement of an affected inmate is paid to the Minister of Finance, the director shall
(a) determine the part, if any, of the amount to be paid to the victims of the affected inmate who have registered with the director, and the proportions in which it should be paid;
(b) determine the part, if any, of the amount to be paid to the inmate; and
(c) establish the part, if any, of an amount determined under clause (a) or (b) that must be paid to reimburse the Crown under Part 5.
The director shall have regard to the following factors in making a determination under subsection (1):
(a) any physical or mental injuries suffered by the victim;
(b) any continuing effects of the crime on the victim;
(c) any other compensation received from any source by the victim and the effect of a payment under this Part on that compensation;
(d) any other factor the director considers relevant.
The director is not required to conduct a hearing to determine whether an individual is a victim or to make a determination under section 45.5.
Information that may be considered
The director may have regard to any information or material, including court records or other public sources of information, that the director believes would be of assistance in satisfying himself or herself that an individual is a victim of the affected inmate and in determining what amount is to be paid to a victim.
Payments by Minister of Finance
The Minister of Finance shall, on the request of the minister, make payments from the amounts held in trust in connection with the affected inmate in accordance with the determinations of the director.
Other rights to compensation not affected
Nothing in this Part affects the right of an affected inmate to apply for any compensation that may be available to him or her under Part 5.
Section 48 is amended by adding the following after clause (h):
(h.1) for the purposes of Part 5.1, respecting the process to be used by the director in locating victims;
This Act comes into force on a day fixed by proclamation.