Introduction to Law for Victims of Crime (4:I): Difference between revisions

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{{REVIEWED LSLAP | date= July 13, 2024}}
{{LSLAP Manual TOC|expanded = victims}}
{{LSLAP Manual TOC|expanded = victims}}


Victims of crime require a wide variety of assistance depending on their needs. This chapter will outline the avenues a client can take to address being a victim of crime.
Victims of crime require a wide variety of assistance depending on their needs. This chapter will outline the avenues an individual can take to address being a victim of crime.  


In 2015, Parliament enacted the ''Canadian Victims Bill of Rights'', SC 2015, c 13, s 2 [CVBR], which CAME into force on July 23, 2015. The CVBR recognizes victims of crime and their families deserve to be treated with compassion and respect, and have the right to be considered throughout the criminal justice system. In particular, the CVBR acknowledges victims of crime have the following rights:
In 2015, Parliament enacted the ''Canadian Victims Bill of Rights'', SC 2015, c 13, s 2 [''CVBR''], which came into force on July 23, 2015. The ''CVBR'' recognizes that victims of crime and their families deserve to be treated with compassion and respect, and have the right to be considered throughout the criminal justice system. In particular, the ''CVBR'' acknowledges that victims' rights include the following:
*the right to information about the criminal justice system, the services and programs available to victims of crime and the complaint procedures available to victims when their rights have been infringed or denied
*the right to information about the status of criminal proceedings and information about hearings after the accused is found not criminally responsible on account of mental disorder or unfit to stand trial
*the right to have their security and privacy considered by the appropriate authorities in the criminal justice system
*the right to protection from intimidation and retaliation
*the right to request testimonial aids
*the right to have the courts consider making a restitution order against the offender
*the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid


The CVBR provides victims of crime the right to make a complaint to the relevant federal, provincial or territorial department, agency or body if they are of the opinion that any of their rights under the Act have been infringed or denied (s. 25).  It is important to note, however, that the CVBR does not create a civil cause of action for victims (s. 28) nor does it grant victims the status of party to criminal proceedings.
*the right to information about the criminal justice system, the services and programs available to victims of crime, and the complaint procedures available to victims when their rights have been infringed or denied (''CVBR'', s 6);
*the right to information, upon request, about the status and outcome of investigations into an offence (''CVBR'', s 7(a));
*the right to information about the status of criminal proceedings and information about hearings after the accused is found not criminally responsible on account of mental disorder or is found to be unfit to stand trial (''CVBR'', s 8(b));
*the right to have their security and privacy considered by the appropriate authorities in the criminal justice system (''CVBR'', s 9);
*the right to protection from intimidation and retaliation, including having their privacy considered by authorities and having their identity protected during proceedings related to the offence (''CVBR'', ss 10–12);
*the right to request testimonial aids (''CVBR'', s 13);
*the right to present a victim impact statement and have it considered (''CVBR'', s 15);
*the right to have the courts consider making a restitution order against the offender (''CVBR'', s 16); and
*the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid (''CVBR'', s 17).


== A. Governing Legislation, Regulations, Policy Guidelines, and Resources ==
The ''CVBR'' provides victims of crime the right to make a complaint to the relevant federal, provincial, or territorial department, agency, or body if they believe that any of their rights under the Act have been infringed or denied (s 25). It is important to note, however, that the CVBR does not create a civil cause of action for victims (s 28) nor does it grant victims the status of party to criminal proceedings.


=== 1. Legislation and Regulations ===
:'''NOTE:''' Sexual harassment is considered a form of gender discrimination under human rights legislation. Canadian human rights law imposes a statutory duty on employers to provide a safe and healthy work environment. Corporate employers are also liable for sexual harassment. For information concerning sexual harassment, consult [[Introduction_to_Human_Rights_(6:I)|Chapter 6: Human Rights]]; and [[Introduction_to_Employment_Law_(9:I)|Chapter 9: Employment Law]].


''Canadian Victims Bill of Rights'', SC 2015, c 13, s 2
*Website: http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=7935412 


''Victims of Crime Act'', RSBC 1996, c 478
{{LSLAP Manual Navbox|type=chapters1-7}}
*Website: http://www.qp.gov.bc.ca/statreg/Stat/V/96478_01.htm
 
''Crime Victim Assistance Act'', SBC 2001, c 38
*Website: http://www.qp.gov.bc.ca/statreg/stat/C/01038_01.htm 
 
''Crime Victim Assistance (General) Regulation'', BC Reg 161/2002
*Website: http://www.qp.gov.bc.ca/statreg/reg/C/161_2002.htm
 
''Crime Victim Assistance (Income Support and Vocational Services and Expenses) Regulation'' BC Reg 162/2002
*Website: http://www.qp.gov.bc.ca/statreg/reg/c/162_2002.htm
 
''Criminal Code'', RSC 1985, c C-46.
 
''Adult Guardianship Act'', RSBC 1996, c 6.
 
=== 2. Policy Guidelines ===
 
Ministries of Attorney General, Public Safety & Solicitor General, and Children & Family Development, ''Violence Against Women in Relationships Policy'' (British Columbia, December 2010).
 
Criminal Justice Branch, Ministry of Justice Crown Counsel Policy Manual, ''Vulnerable Victims and Witnesses – Adult'', Effective December 29, 2014.
*Website: http://www.ag.gov.bc.ca/prosecution-service/policy-man/pdf/CJB-VUL1-VulnerableVictims_Witnesses-Adult.pdf 
 
Criminal Justice Branch, Ministry of Justice Crown Counsel Policy Manual, ''Sexual Services: Purchase of and Related Offences'', Effective February 25, 2015. 
*Website: http://www.ag.gov.bc.ca/prosecution-service/policy-man/pdf/CJB-SEX3-SexualServices-Purchase_Related.pdf 
 
=== 3. Resources ===
 
==== Crime Victim Assistance Program ====
 
{{ResourcesLSLAP
| resource_description = Provides financial assistance and benefits to victims of violent crimes, their immediate family members and some witnesses to offset the  costs of the victimization and to promote their recovery from the physical and psychological effects of the offence.
| address = P.O. Box 5550 Stn. Terminal <br /> Vancouver, B.C. V6B 1H1
| phone = Toll-Free: 1-866-660-3888
| online = [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/financial-assistance-benefits  Website] <br /> Email: cvap@gov.bc.ca
}}
 
==== Directory of Victim Service and Violence Against Women Programs in BC ====
 
{{ResourcesLSLAP
| resource_description = A directory for violence against women and victim service programs across BC.
| online = [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/service-providers/directory-of-victim-service-and-violence-against-women-programs  Website] <br />
}}
 
==== Victim Notification – Victim Safety Unit ====
 
{{ResourcesLSLAP
| resource_description = The Victim Safety Unit provides information to victims when the accused or offender is supervised by B.C. Corrections.  Some information may also be provided to persons named in a civil protection order.  Victims may be provided with ongoing information about the status of an accused or an offender, including whether or not they are currently in provincial jail, when they may get out of provincial jail, what community they may be in and what conditions they accused or offender may have to follow.
| address = 302 – 815 Hornby Street <br /> Vancouver, B.C. V6Z 2E6
| phone = Toll-Free: 1-877-315-8822
| online = [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/victim-notification  Website] <br /> Email: vsusg@gov.bc.ca
}}
 
==== Community Safety and Crime Prevention Branch ====
 
{{ResourcesLSLAP
| resource_description = As the provincial centre of responsibility for victims’ issues, human trafficking and crime prevention, the Division develops legislation and policies, provides training and delivers and funds programs that support victims, address human trafficking and provide a restorative justice response to crime.
| address = 302 - 815 Hornby Street <br /> Vancouver, B.C. V6Z 2E6
| phone = (604) 660-5199 <br /> Fax : 604 660-1635
| online = [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime Website] <br /> Email: crimeprevention@gov.bc.ca
}}
 
==== VictimLink BC ====
 
{{ResourcesLSLAP
| resource_description = VictimLink BC is available 24 hours, seven days a week and has information about and referrals to a number of support systems that are available to victims of crime.
| phone = Toll-Free: 1-800-563-0808 <br /> TTY: (604) 875-0885
| online = [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc Website]
}}
 
==== Public Guardian and Trustee of British Columbia ====
 
{{ResourcesLSLAP
| resource_description = Provides assistance to adults who need support for financial and personal decision-making and administers estates of deceased persons if there is no one else to do it.  They may also administer trust funds on behalf of minors.  Service is available in 130 different languages.
| address = 700 - 808 West Hastings Street <br /> Vancouver, B.C. V6C 3L3
| phone = (604) 660-4444 <br /> Fax: (604) 660-0374
| online = [http://www.trustee.bc.ca Website] <br /> E-mail: mail@trustee.bc.ca
}}

Latest revision as of 00:17, 26 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 13, 2024.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
4. Victims
 · I. Introduction

 · II. Governing Legislation
 · III. Crime Victim Assistance Program
 · IV. Avenues to Address Crime
 · V. Victims of Sexual Assault
 · VI. Victims of Relationship Violence
 · VII. Abuse of the Seniors & Disabled
 · VIII. Victims of Human Trafficking
 · IX. Missing Persons and Abductions
 · X. TIP & Restorative Justice
 · XI. Resources for Indigenous Victims

 · XII. Referrals and Follow-up
v • d • e



Victims of crime require a wide variety of assistance depending on their needs. This chapter will outline the avenues an individual can take to address being a victim of crime.

In 2015, Parliament enacted the Canadian Victims Bill of Rights, SC 2015, c 13, s 2 [CVBR], which came into force on July 23, 2015. The CVBR recognizes that victims of crime and their families deserve to be treated with compassion and respect, and have the right to be considered throughout the criminal justice system. In particular, the CVBR acknowledges that victims' rights include the following:

  • the right to information about the criminal justice system, the services and programs available to victims of crime, and the complaint procedures available to victims when their rights have been infringed or denied (CVBR, s 6);
  • the right to information, upon request, about the status and outcome of investigations into an offence (CVBR, s 7(a));
  • the right to information about the status of criminal proceedings and information about hearings after the accused is found not criminally responsible on account of mental disorder or is found to be unfit to stand trial (CVBR, s 8(b));
  • the right to have their security and privacy considered by the appropriate authorities in the criminal justice system (CVBR, s 9);
  • the right to protection from intimidation and retaliation, including having their privacy considered by authorities and having their identity protected during proceedings related to the offence (CVBR, ss 10–12);
  • the right to request testimonial aids (CVBR, s 13);
  • the right to present a victim impact statement and have it considered (CVBR, s 15);
  • the right to have the courts consider making a restitution order against the offender (CVBR, s 16); and
  • the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid (CVBR, s 17).

The CVBR provides victims of crime the right to make a complaint to the relevant federal, provincial, or territorial department, agency, or body if they believe that any of their rights under the Act have been infringed or denied (s 25). It is important to note, however, that the CVBR does not create a civil cause of action for victims (s 28) nor does it grant victims the status of party to criminal proceedings.

NOTE: Sexual harassment is considered a form of gender discrimination under human rights legislation. Canadian human rights law imposes a statutory duty on employers to provide a safe and healthy work environment. Corporate employers are also liable for sexual harassment. For information concerning sexual harassment, consult Chapter 6: Human Rights; and Chapter 9: Employment Law.


v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Small Claims Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.


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