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

P.O. Box 5550 Stn. Terminal

Vancouver, B.C. V6B 1H1

Telephone: (604) 660-3888

Toll-Free: 1-866-660-3888

E-mail: cvap@gov.bc.ca

Website: http://www.pssg.gov.bc.ca/victimservices/financial/index.htm

• 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.

Directory of Victim Service and Violence Against Women Programs in BC

http://www.pssg.gov.bc.ca/victimservices/directory/index.htm

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

Victim Notification – Victim Safety Unit

302 – 815 Hornby Street

Vancouver, B.C. V6Z 2E6

Telephone: (604) 660-0316 (Lower Mainland)

Toll-Free: 1-877-315-8822

Email: vsusg@gov.bc.ca

Website: http://www.pssg.gov.bc.ca/victimservices/victim-safety/

• 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.

JusticeBC

http://www.justicebc.ca/en/cjis/you/victim/index.html

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

Community Safety and Crime Prevention Branch

Ministry of Justice

302 - 815 Hornby Street

Vancouver, B.C. V6Z 2E6

Telephone: (604) 660-5199

Fax : 604 660-1635

E-mail: crimeprevention@gov.bc.ca

Website: http://www.pssg.gov.bc.ca/crimeprevention/index.htm

• 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.

VictimLink BC

Toll-Free: 1-800-563-0808

TTY: (604) 875-0885

• 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.

Public Guardian and Trustee of British Columbia

700 - 808 West Hastings Street

Vancouver, B.C. V6C 3L3

Telephone: (604) 660-4444

Fax: (604) 660-0374

E-mail: mail@trustee.bc.ca

Website: www.trustee.bc.ca

• 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.