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

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.

In 2015, Parliament enacted the Canadian Victims Bill of Rights, SC 2015, c 13, s 2 [CVBR], which is expected to come 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:

• 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; 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.

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.

A. Governing Legislation, Regulations, Policy Guidelines, and Resources

1. Legislation and Regulations

Canadian Victims Bill of Rights, SC 2015, c 13, s 2(In force on July 23, 2015).

• Website: http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=7935412

Victims of Crime Act, RSBC 1996, c 478

• 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

Online website email: cvap@gov.bc.ca Address P.O. Box 5550 Stn. Terminal Vancouver, B.C. V6B 1H1 Phone Toll-Free: 1-866-660-3888

Victim Notification – Victim Safety Unit

Online website email: vsusg@gov.bc.ca Address 302 – 815 Hornby Street Vancouver, B.C. V6Z 2E6 Phone Toll-Free: 1-877-315-8822

Community Safety and Crime Prevention Branch - Ministry of Justice

Online website email: crimeprevention@gov.bc.ca Address 302 - 815 Hornby Street Vancouver, B.C. V6Z 2E6 Phone (604) 660-5199 Fax : 604 660-1635

VictimLink BC

Online website Address Phone Toll-Free: 1-800-563-0808 TTY: (604) 875-0885

Public Guardian and Trustee of British Columbia

Online website E-mail: mail@trustee.bc.ca Address 700 - 808 West Hastings Street Vancouver, B.C. V6C 3L3 Phone (604) 660-4444 Fax: (604) 660-0374

Online Resources

Directory of Victim Service and Violence Against Women Programs in BC

• A directory for violence against women and victim service programs across BC

JusticeBC

• Provides information and guidance to support victims and help victims learn more about services and resources available to victims of crime in British Columbia.