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Difference between revisions of "Avenues to Address Crime for Victims (4:IV)"
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Avenues to Address Crime for Victims (4:IV) (view source)
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = victims}} == A. Pursuing the Matter Through the Criminal System == Apart from the initial report to police, the victim is not responsible for t...") |
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For more information or to request a Victim Travel Fund application form, call the Victim Safety Unit at 604-660-0316 or toll free at 1-877-315-8822, or e-mail vsusg@gov.bc.ca. | For more information or to request a Victim Travel Fund application form, call the Victim Safety Unit at 604-660-0316 or toll free at 1-877-315-8822, or e-mail vsusg@gov.bc.ca. | ||
next p. 4- | === 3. Parole Board of Canada Hearings === | ||
If the criminal prosecution is successful, clients may still be affected later on by decisions to release the offender(s). Victims who wish to attend Parole Board of Canada hearings may apply for financial assistance, including for travel, hotel and meal expenses. In order to be eligible, victims must have registered with Correctional Service Canada (for information on registering, see http://www.csc-scc.gc.ca/victims/003006-0001-eng.shtml). Support persons may also be eligible for funding. Please note that this is only available for federally supervised offenders, and that '''applications should be submitted at least 30 days before the hearing date'''. | |||
For more information, see the [http://canada.justice.gc.ca/eng/fund-fina/cj-jp/fund-fond/attend-audience.html Department of Justice website]. | |||
== B. Crime Victim Assistance Program == | |||
The ''Crime Victim Assistance Act'' [''CVAA''] is the primary piece of legislation that governs the Crime Victim Assistance Program (CVAP). | |||
Although the ''CVAA'' and the ''Criminal Injury Compensation Act'' are both in force, it is expected that the ''Criminal Injury Compensation Act'' will ultimately be repealed. The transitional provisions of the ''CVAA'' allow previously adjudicated claims under the old Act to be transferred to the new Act for ongoing administration and for any further reviews. It is important to remember that, unlike under the old Act, a person cannot be awarded damages for pain, suffering, mental trauma, etc. under the ''CVAA'' – although a person can be awarded a variety of benefits, such as counselling, medical expenses, and other services or expenses. The CVAP replaces the Criminal Injury Compensation Program. The Victim Services and Crime Prevention Division of the Ministry of Justice administers this program. | |||
The CVAP has been developed in response to the changing needs of victims and others impacted by violent crime. Benefits are available to victims of crime, and their immediate family members and those who meet the legislation’s definition of witness. One should note that the Program is not based on a compensation model, but rather is based on a financial assistance model. This provides eligible claimants with financial support as well as additional services and assistance to aid in their recovery from the physical and psychological effects of their victimization and to offset the costs of the victimization. Under the CVAA, a victim can still: initiate civil proceedings on his or her own; and/or make a claim under the Act. If a client wishes to initiate civil proceedings after making an application under the CVAA, the CVAP Director must receive a copy of the notice of civil claim within 10 days of service on the defendant (CVAA, s 15(1)). Keep in mind that after paying fees and disbursements, any money awarded to the victim in the civil proceedings must go toward paying back the money they received under the CVAA. The fact that an accused has not been criminally charged or has been acquitted of criminal charges is not a bar to commencing civil proceedings since the legal issues and the standard of proof are different. Thedifficulty with recovering anything directly from the accused is that there is seldom anything to be collected. Moreover, the procedure for making an application for assistance under the CVAA is less complicated than initiating a civil action. | |||
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