Victims' Bill of Rights, 1995

Bills that amended this Act0

No published amendment links yet for this Act.

Sections17

• 1Definitions

  1 In this Act, “crime” means an offence under the Criminal Code (Canada); (“acte criminel”) “victim” means a person who, as a result of the commission of a crime by another, suffers emotional or physical harm, loss of or damage to property or economic harm and, if the commission of the crime results in the death of the person, includes, (a) a child or parent of the person, within the meaning of section 1 of the Family Law Act, and (b) a dependant or spouse of the person, both within the meaning of section 29 of the Family Law Act; but does not include a child, parent, dependant or spouse who is charged with or has been convicted of committing the crime. (“victime”) 1995, c. 6, s. 1; 1999, c. 6, s. 65 (1, 2); 2005, c. 5, s. 72 (1, 2); 2021, c. 4, Sched. 11, s. 41; 2024, c. 2, Sched. 18, s. 2, 6. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 65 (1, 2) - 01/03/2000 2005, c. 5…

• 1.
• 2Principles

  2 (1) The following principles apply to the treatment of victims of crime: 1. Victims should be treated with courtesy, compassion and respect for their personal dignity and privacy by justice system officials. 2. Victims should have access to information about, i. the services and remedies available to victims of crime, ii. the provisions of this Act that might assist them, iii. the protection available to victims to prevent unlawful intimidation, iv. the progress of investigations that relate to the crime, v. the charges laid with respect to the crime and, if no charges are laid, the reasons why no charges are laid, vi. the victim’s role in the prosecution, vii. court procedures that relate to the prosecution, viii. the dates and places of all significant proceedings that relate to the prosecution, ix. the outcome of all significant proceedings, including any proceedings on appeal, x. a…

• 2.
• 3Damages

  3 (1) A person convicted of a prescribed crime is liable in damages to every victim of the crime for emotional distress, and bodily harm resulting from the distress, arising from the commission of the crime. 1995, c. 6, s. 3 (1); 2024, c. 2, Sched. 18, s. 6. Presumption (2) The following victims of a crime shall be presumed to have suffered emotional distress, if the crime is prescribed for the purposes of subsection (1): 1. A victim of an assault if the victim is or was a spouse, within the meaning of section 29 of the Family Law Act, of the assailant. 2. A victim of a sexual assault. 3. A victim of an attempted sexual assault. 4. A victim of a crime if, i. the crime is of a sexual nature, or ii. the crime is for or involves a sexual purpose. 5. A victim of the publication or distribution of a voyeuristic recording or an intimate image without consent, or any other activity that is in c…

• 3.
• 4Application of section

  4 (1) This section applies to a civil proceeding in which the victim of a crime seeks redress from a person convicted of the crime for harm suffered as a result of the commission of the crime. 1995, c. 6, s. 4 (1); 2024, c. 2, Sched. 18, s. 6. Security for costs (2) A judge shall not make an order under the rules of court requiring a victim to provide security for costs unless the judge, having considered the spirit and purpose of this Act, considers that it is necessary to do so in the interests of justice. 1995, c. 6, s. 4 (2). Damages (3) Subject to subsection (4), a judge shall not consider the sentence, if any, imposed on a convicted person when ordering that person to pay damages in respect of harm suffered by a victim of the crime. 1995, c. 6, s. 4 (3); 2024, c. 2, Sched. 18, s. 6. Exception: punitive damages (4) A judge shall take the sentence, if any, imposed on a convicted pers…

• 4.
• 5Victims’ justice fund account to be maintained

  5 (1) The victim assistance fund account referred to in subsection 60.1 (4) of the Provincial Offences Act, as it read immediately before subsection 7 (1) of this Act comes into force, is continued as the victims’ justice fund account and shall be maintained as a special account in the Consolidated Revenue Fund. 1995, c. 6, s. 5 (1). Amounts to be credited to account (2) The victims’ justice fund account shall consist of, (a) fine surcharge amounts credited to the account under subsection 60.1 (4) of the Provincial Offences Act; (a.1) the portion, if any, prescribed under section 21.1 of the Highway Traffic Act of an administrative penalty as a portion to be credited to the account; (b) fine surcharge amounts that under section 737 of the Criminal Code (Canada) the Lieutenant Governor in Council directs be credited to the account; (c) amounts credited to the account in accordance with an…

• 5.
• 5.1Office for Victims of Crime

  5.1 (1) There shall be an office to be known in English as the Office for Victims of Crime and in French as Office des affaires des victimes d’infractions criminelles. 2000, c. 32, s. 1; 2024, c. 2, Sched. 18, s. 5 (1). Composition (2) The Office shall be composed of such number of members as the Lieutenant Governor in Council considers appropriate, each of whom shall be appointed by the Lieutenant Governor in Council. 2000, c. 32, s. 1. Chair and vice-chair (3) The Lieutenant Governor in Council shall designate a chair and vice-chair of the Office from among the members of the Office. 2000, c. 32, s. 1. Advisory functions (4) The Office shall advise the Attorney General on, (a) ways to ensure that the principles set out in subsection 2 (1) are respected; (b) the development, implementation and maintenance of provincial standards for services for victims of crime; (c) the use of the Vict…

• 6

  6, 7 Omitted (amends or repeals other Acts). 1995, c. 6, ss. 6, 7.

• 6.
• 8

  8 Omitted (provides for coming into force of provisions of this Act). 1995, c. 6, s. 8.

• 8.
• 9

  9 Omitted (enacts short title of this Act). 1995, c. 6, s. 9. ______________

• 9.