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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 | Repealed |
| 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) | Repealed |
| 46(1) | Victims |
| (2) | Charge or conviction not required |
| 47 | Compensation to injured victims |
| 48(1) | Compensation to family members of deceased victims |
| (2) | Additional compensation to dependants |
| 48.1(1) | Compensation to witnesses |
| (2) | Entitlement to compensation |
| (3) | Witness deemed to be victim |
| 48.2(1) | Compensation for caregiver's expenses |
| (2) | Compensation for funeral expenses |
| 49 | Manner of payment of compensation |
| (1 | Application requirements |
| (2) | Application for person under 18 |
| (3) | Application for mentally incompetent person |
| 51(1) | Time limit for applying |
| (2) | Extension of time |
| (3) | Extended application deadline for minors |
| 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 |
| 54.1(1) | Definition of "prescribed offence" |
| (2) | No compensation — victim convicted of prescribed offence |
| (3) | Exception |
| (4) | Denial or reduction of compensation due to conviction for non-prescribed offences |
| 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 |
| 63.1 | Director party to appeal |
| 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 |