Introduction to Law for Victims of Crime (4:I): Difference between revisions
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Revision as of 21:56, 25 October 2016
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.
Sexual harassment is considered a form of sex 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 more information, consult Chapter 6: Human Rights; and Chapter 9: Employment Law.
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:
- 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.
A. Governing Legislation, Regulations, Policy Guidelines, and Resources
1. Legislation and Regulations
Canadian Victims Bill of Rights, SC 2015, c 13, s 2
Victims of Crime Act, RSBC 1996, c 478
Crime Victim Assistance Act, SBC 2001, c 38
Crime Victim Assistance (General) Regulation, BC Reg 161/2002
Crime Victim Assistance (Income Support and Vocational Services and Expenses) Regulation BC Reg 162/2002
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.
Criminal Justice Branch, Ministry of Justice Crown Counsel Policy Manual, Sexual Services: Purchase of and Related Offences, Effective February 25, 2015.
3. Resources
Crime Victim Assistance Program
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Directory of Victim Service and Violence Against Women Programs in BC
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Victim Notification – Victim Safety Unit
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Community Safety and Crime Prevention Branch
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VictimLink BC
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Public Guardian and Trustee of British Columbia
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