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 | |
3.1 | Independent investigation unit | |
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 |