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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 | |
| 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 | |