Difference between revisions of "Avenues to Address Crime for Victims (4:IV)"

A factsheet outlining complaints processes for justice agencies has been developed for victims and is available [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/complaints-process-justice-agencies.pdf here].  

If the accused is convicted of an offence, the victim may submit an application for an order that the accused pay an amount by way of satisfaction or compensation for loss or damage to property suffered by the applicant as a result of the commission of an offence.  This is known as a restitution order and can be found under s 738 of the Criminal Code.  The application must be made early enough for the judge to render a decision at the time of sentencing and the loss must be quantifiable.  Restitution amounts must be easily calculable and not in great dispute.   

=== 1. The Canadian Victims Bill of Rights ===

Adhering to this definition, victims of crime are able to exercise their rights under this Act while an offence is being investigated or prosecuted and while the offender is going through the corrections or conditional release process.  The offence committed against the victim must fall under the ''Criminal Code'', the ''Youth Criminal Justice Act'', or the ''Crimes Against Humanity and War Crimes Act''.  The rights also apply to some offences under the ''Controlled Drugs and Substances Act'' and parts of the ''Immigration and Refugee Protection Act''.

*request information

*have their security and privacy considered by the appropriate authorities, be protected by the criminal justice system

*request that their identity be protected

*have the court consider making a restitution order against the offender

*costs that victims of identity theft had to pay to re-establish their identity, and to correct their credit history and their credit rating

If not satisfied by the response of the federal department, agency, or body, victims have the right to file a complaint with the relevant authority. Victims also have the right to file a complaint if they are of the opinion that their rights under this Act have been infringed or denied by a provincial or territorial department.  All federal departments and agencies that have responsibilities under this Act need to provide a way for victims to file complaints. Complaints against a provincial or territorial agency, like police or victim services, will be addressed through the appropriate provincial or territorial laws.

=== 2. Court Orientation, Preparation and Accompaniment ===

=== 3. Victim Travel Fund ===

The Victim Travel Fund provides funding to a maximum of $3 000 per family/victim to help attend and participate in interviews, hearings, and other justice-related proceedings.  Funding is available to victims who have suffered significant physical or emotional trauma as a result of a serious criminal offence, and victims who require a support person to attend a proceeding.  Funding is also available to immediate family members of deceased victims (e.g., parents, spouse, children, and siblings).  Eligible expenses may include meals, accommodation and the most economical form of travel.  Applicants for the Victim Travel Fund must also meet the following criteria:

*to the eligible, the applicant has to travel more than 100 km one way to attend the justice proceeding

*the justice proceeding will take place in BC and the proceeding is expected to impact the outcome disposition or results of the proceeding or hearing (this excludes provincial parole and federal hearings)

=== 4. Parole Board of Canada Hearings ===

For more information, see the Department of Justice [http://canada.justice.gc.ca/eng/fund-fina/cj-jp/fund-fond/attend-audience.html website].  

== B. Crime Victim Assistance Program ==

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.   

*original receipts for expenses incurred as a result of the injuries.  If the applicant has access to funding from other sources in relation to these expenses (e.g. extended health coverage, personal disability insurance, etc.) the original receipts should be sent to this funding source first and then CVAP will consider paying any remaining outstanding balance.  

Depending on the case, the applicant may be interviewed by the adjudicator.  In rare circumstances, the applicant may be examined by the Program’s consulting medical practitioner if there are questions about the long term nature of the physical injuries sustained.

==== National Office for Victims ====

{{ResourcesLSLAP_phoneonline

| online = [http://www.publicsafety.gc.ca/cnt/cntrng-crm/crrctns/ntnl-ffc-vctms-en.aspx Website]

}}

*[http://www.victimsfirst.gc.ca/index.html Federal Ombudsman for Victims of Crime]

The following is a list of criminal injury compensation legislation and program contact information for all Canadian provinces.  A person who was the victim of a crime of violence that occurred in another province can contact the relevant program to determine whether he or she qualifies for any form of compensation.

===== New Brunswick =====

*'''Victim Services Program'''

| address = Argyle Place <br /> P.O. Box 6000 <br /> Fredericton, NB E3B 5H1

| phone = (506) 453-3992

}}

| address = Department of Justice <br /> c/o Public Trustee Office <br /> P.O. Box 1320 <br /> Yellowknife, NWT X1A 2L9               

| phone = (867) 873-7500

}}

{{ResourcesLSLAP

| phone = (416) 326-2900 <br /> Toll-Free: 1-800-372-7463 <br /> Fax: (416) 326-2883

| online = Email: info.cicb@ontario.ca

===== Prince Edward Island =====

*'''Victim Services'''

{{ResourcesLSLAP_online

}}

| address = 1199, Rue Bleur <br /> C.P. 6056, succursale Centre-ville <br /> Montreal, QC H3C 4E1  

| phone = (514) 906-3019 <br /> Toll-Free: 1-800- 561-4822 <br /> Fax: (514) 906-3029

}}

Criminal court determines whether or not the accused is guilty, and if so, what would be appropriate punishment.  However, the criminal court will do little in the way of providing compensation for the victim, other than possibly making a restitution order.  Receiving financial compensation from the offender for the damages caused is one of the reasons why survivors of violence sue in civil court.

''MacKay v. Buelow'' (1995), 11 RFL (4th) 403 provides a helpful illustration of the applicability of tort law in this area. The defendant (the plaintiff’s ex-husband) harassed and intimidated the plaintiff by continuously calling her, leaving notes at her home, threatening to kidnap their daughter, throwing things at the plaintiff, hanging a used condom in her home, stalking her, directly and indirectly threatening to kill her, videotaping her through her bathroom window, advising third parties about nude movies of the plaintiff, and continuously harassing her friends and colleagues. The court held that the conduct of the defendant was exceptionally outrageous and awarded the plaintiff damages based on the torts of trespass to the person, breach of privacy, and intentional infliction of emotional distress.

*in a criminal case, the investigation is conducted by the police who are public servants, which saves the victim both time and expense in gathering witnesses and other evidence;  

*a criminal conviction is convincing evidence in itself; and  

The burden of proof in a civil trial is lower than in a criminal trial, but the evidence must still be clear and convincing.  As a plaintiff in a civil action, a survivor of physical or sexual assault must prove on a '''balance of probabilities''' that the assault was perpetrated by the defendant named in the action, and that this assault resulted in damages.  This is a less stringent test than that placed upon the Crown in criminal proceedings, where the case must be established beyond a reasonable doubt.  Thus, it is possible for a victim to win a civil suit even in the event there has been a previous acquittal in criminal proceedings.

A civil suit may also give the victim access to compensation from third parties and institutional defendants (e.g. government institutions, foster homes, and residential schools) upon whom liability may be imposed.  This is beneficial where the individual perpetrator has few assets or none at all.

Bringing a civil action may be a long process and the plaintiff should consider the personal toll it may impose on them.  Some victims who go through this process feel as though their life is on hold, and are unable to get on with other parts of their life.  Remember, however, that in many cases the parties will settle, although the outcomes of negotiations are extremely difficult to predict.  Some people may benefit from counselling while pursuing a civil action.