Bill 12, Charter of Rights for Victims of Crime, 1995

Versions

Charter of Rights for Victims of Crime, 1995

EXPLANATORY NOTE

The Bill sets out the principles that apply to the treatment of victims of crime.

A victim includes a spouse, parent or any other specified relative of a victim who died as a result of the crime and the guardian or parent of a victim who is a minor and who was the victim of a sexual assault or of a crime that resulted in physical or mental injury to the minor.

Section 3 provides that a victim should be informed by police of the services that are available for the victim and of the relevant provisions of specified statutes.

Section 4 provides that victims should be kept informed by the Crown Attorneys' Office of the progress made with respect to the investigation of the crime and of any charges that are laid in connection with the crime. The section provides that victims should be given an opportunity to discuss plea bargains with the Crown Attorneys' Office and that victims of sexual offences should be interviewed by police officers or officials of the same gender.

Section 5 provides that victims should be informed by the Crown Attorneys' Office of the progress of court proceedings and should be given an opportunity to make victim impact statements before a person convicted of a crime is sentenced.

Section 6 provides that victims of a crime should be provided information with respect to the custody of the person who was convicted of committing the crime and should be given an opportunity to make representations with respect to the parole or release of that person.

Section 8 provides that, in an action brought by a victim of a crime against a person convicted of having committed the crime, evidence of the conviction is conclusive proof of the offence.

Section 9 provides that, in an action brought by the victim of a crime against the person who was convicted of committing the crime, no order for security for costs or for disallowance of pre-judgment or post-judgment interest shall be made against the victim.

Section 10 makes it an offence for employers to take reprisals against a victim of a crime who is absent from work in order to participate in the investigation or prosecution of the crime.

Bill1995

An Act to promote the

Rights of Victims of Crime

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In this Act,

"crime" means the commission of an offence under the Criminal Code (Canada) and includes an alleged crime; ("acte criminel")

"victim" means a person who suffers physical or mental injury, emotional harm or economic loss as a result of a crime and includes,

(a) if the crime results in the death of a person, a spouse, guardian, parent, sibling, child or dependant of the person; and

(b) if the crime includes the sexual assault of a minor or results in physical or mental injury to a minor, the guardian or parent of the minor. ("victime")

Principles for treatment of victims

2. Sections 3, 4, 5 and 6 set out the principles that apply to the treatment of victims of crime.

Advice as to available assistance

3. A victim should be informed by police of,

(a) social services, medical care, mental health and counselling services and legal assistance programs that are available to victims;

(b) the provisions of this Act;

(c) the provisions of the Freedom of Information and Protection of Privacy Act and of the Compensation for Victims of Crime Act that might assist them;

(d) the provisions of the Criminal Code (Canada) relating to victim impact statements; and

(e) the protection available to victims to prevent unlawful intimidation.

Information on progress of investigation

4. (1) A victim should be informed by the Crown Attorneys' Office of,

(a) the progress of investigations that relate to the crime; and

(b) the charges that are laid with respect to the crime, or if no charges are laid, the reasons for not doing so.

Opportunity to discuss plea bargain

(2) A victim should be given the opportunity to discuss with the Crown Attorneys' Office any plea bargain with respect to the charges to be laid against the person suspected of having committed the crime.

Interview of victims

(3) The victim of a sexual assault should, if the victim so requests, be interviewed during the investigation of the crime only by police officers and officials of the same gender as the victim.

Information on progress of court proceedings

5. (1) A victim should be informed by the Crown Attorneys' Office of,

(a) the victim's role in the prosecution;

(b) court procedures that relate to the prosecution;

(d) the outcome of all proceedings, including any proceedings on appeal.

Victim impact statements

(2) If a person is convicted of a crime, the Crown Attorneys' Office should, before the person is sentenced, provide the victims of the crime with an opportunity to make a statement in court with respect to the impact that the crime has had on the victim's life.

Information respecting custody of offender

6. (1) The victim of a crime should be provided information with respect to the custody of the person convicted of committing the crime and, more specifically, with respect to,

(a) the length of any sentence that the offender is serving and the date the sentence began;

(b) if the offender is in custody, the name and address of the institution where the sentence is being served;

(d) how to make representations in any proceeding that may lead to a change in the custodial status of the offender;

(e) if the offender is to be released, the date the release will begin and the length, terms and conditions of the release;

(f) if the offender has been released, any changes in the terms and conditions of the release; and

(g) if the offender escapes, the escape, the progress of the investigation to find the offender, the known or suspected whereabouts of the offender and the capture of the offender.

Representations re parole, etc.

(2) A victim should be given an opportunity to make representations to a parole board or in any proceeding that may result in the parole, early release or interim release of the offender.

No cause of action created

7. No cause of action, claim for damages or other remedy in law exists because of anything in sections 3 to 6 or of anything done or omitted to be done under those sections.

Proof of conviction in action

8. In an action brought by a victim against a person convicted of committing the offence, proof of conviction shall be taken as conclusive evidence that the offence was committed by the person convicted and that the facts stated in the information or indictment upon which the conviction is entered are true if,

(a) no appeal of the conviction was taken and the time for an appeal has expired; or

(b) an appeal of the conviction was taken, but was dismissed and no further appeal is available.

Security for costs

9. (1) Despite any rule or statutory provision respecting security for costs, a victim shall not be required to provide security for costs in an action brought by the victim against a person convicted of committing the offence.

Interest

(2) A judge may not disallow interest under clause 130 (1) (a) of the Courts of Justice Act in an action brought by a victim against a person convicted of committing the offence.

Prohibition, employer reprisals

10. (1) No employer shall dismiss, discipline, penalize, coerce or intimidate an employee who is the victim of a crime and is absent from work in order to,

(a) appear in court as a witness in a proceeding respecting the crime; or

(b) participate in or provide assistance in the investigation or prosecution of the crime.

Offence

(2) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of up to $2,000 or to imprisonment for a term of not more than six months or to both.

Commencement

11. This Act comes into force on the day it receives Royal Assent.

Short title

12. The short title of this Act is the Charter of Rights for Victims of Crime, 1995.