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S.M. 2011, c. 47
Bill 220, 5th Session, 39th Legislature
The Justice for Victims of Child Pornography Act
(Assented to June 16, 2011)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"child pornography offence" means an offence under section 163.1 of the Criminal Code (Canada) (making, distributing, publishing, possessing or accessing child pornography). (« infraction liée à la pornographie juvénile »)
"court" means the Court of Queen's Bench. (« tribunal »)
"fund" means the Child Pornography Victims Fund established under subsection 7(1). (« Fonds »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
If a resident of Manitoba was involved in conduct that would constitute a child pornography offence — whether or not he or she has been convicted of the offence — the minister may apply to the court for an order requiring the person to pay damages for injuries and other losses suffered by a child who is depicted in the child pornography in question, whether or not that child has been identified.
In an application under this Act, proof that the respondent was convicted of a child pornography offence is proof that he or she committed the offence in relation to the child depicted in the child pornography in question.
In an application under this Act, the evidence of expert witnesses and evidence from other victims of child pornography may be introduced to demonstrate the type of damages suffered by victims of child pornography.
The court may make an order requiring the respondent to pay damages into the fund if it determines that the respondent caused or contributed to damages suffered by a child depicted in the child pornography in question.
In assessing damages, the court may consider
(a) the conduct in the child pornography in question; and
(b) evidence introduced under section 4.
Despite The Limitation of Actions Act, no limitation period applies with respect to bringing an application under section 2.
The Child Pornography Victims Fund is hereby established.
The fund is under the control and supervision of the minister, and is to be deposited with the Minister of Finance and held in trust for the purposes of this Act in a separate account in the Consolidated Fund.
The minister must deposit all damages recovered as the result of an order made under this Act into the fund.
Payments from the fund are to be made by the Minister of Finance on the requisition of the minister.
Payments may be made from the fund to one or more of the following:
(a) a child depicted in the child pornography in question who is known or is subsequently identified;
(b) an identified victim of child pornography who has commenced an action for damages against a person convicted of a child pornography offence, in order to defray the costs of the action;
(c) a program or group designated by regulation that either provides services to victims of child pornography or works to detect or prevent child pornography;
(d) a program operated by a law enforcement agency that is intended to prevent or reduce child pornography;
(e) the Victims' Assistance Fund under The Victims' Bill of Rights.
The Lieutenant Governor in Council may make regulations
(a) designating programs or groups that are eligible to receive payments from the fund under clause 9(2)(c);
(b) respecting the process for making payments from the fund;
(c) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
This Act may be referred to as chapter J39 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.