C.C.S.M. c. V55
The Victims' Bill of Rights
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 | |
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) | Definition of "victim" |
46(1) | Eligibility for compensation |
(2) | Charge or conviction not required |
47 | Compensation for victim's injury |
48 | Compensation for dependants of deceased victim |
49 | Manner of payment of compensation |
50(1) | Who may apply for compensation |
(2) | Application for person under 18 |
(3) | Application for mentally incompetent person |
51(1) | Time limit for applying |
(2) | Extension of time |
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 |
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 |
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 |