[38] Bill 202 Original (PDF)
Bill 202 2005
An Act to amend the
Victims' Bill of Rights, 1995
to provide remedies against
redepicting circumstances
involving a crime
Note: This Act amends the Victims' Bill of Rights, 1995. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.
Preamble
The people of Ontario believe that victims of crime should have a right to recover damages for emotional distress that they suffer if any visual or audible product that redepicts in any way the circumstances of the crime or the circumstances leading up to the crime is made available to the public except in cases involving the administration of justice or a crime that took place in the distant past.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 3 of the Victims' Bill of Rights, 1995 is amended by adding the following subsections:
Liability of producer or distributor
(1.1) A person or body that produces, distributes or otherwise makes available to the public, whether or not for profit, any visual or audible product, whether in the form of a video, a recording or any other cinematographic, visual or audio form, that redepicts in any way the circumstances of a prescribed crime or the circumstances leading up to it is liable in damages to every victim of the crime for emotional distress arising from the product being made available to the public.
Exceptions
(1.2) A person or body that produces, distributes or otherwise makes available to the public a visual or audible product under subsection (1.1) is not liable in damages under that subsection if,
(a) the person or body is doing so for the purpose of the administration of justice; or
(b) the crime involved in the redepiction in the product took place at a time that is more than 50 years, or whatever longer period of time that is prescribed, before the product was produced, distributed or otherwise made available to the public.
. . . . .
Same
(2.1) A victim of a prescribed crime shall be presumed to have suffered emotional distress if any visual or audible product, whether in the form of a video, a recording or any other cinematographic, visual or audio form, that redepicts the circumstances of the crime or the circumstances leading up to it is produced, distributed or otherwise made available to the public.
Factors for extent of damages
(2.2) In determining damages for the emotional distress described in subsection (2.1), a court in an action shall consider,
(a) the degree to which the product focuses on the crime, the victim and the victim's family;
(b) the effect on the victim of producing or distributing the product or making it available to the public; and
(c) the profit made from producing or distributing the product or making it available to the public.
(2) Subsection 3 (3) of the Act is repealed and the following substituted:
Regulations
(3) The Lieutenant Governor in Council may make regulations,
(a) prescribing crimes for the purposes of subsection (1);
(b) prescribing a time period for the purposes of clause (1.2) (b).
2. (1) Subsection 5 (4) of the Act is repealed and the following substituted:
Use of account
(4) The money paid into the victims' justice fund account shall be used to assist victims, whether by supporting programs that provide assistance to victims, by making grants to community agencies assisting victims, by paying legal fees that victims incur in taking action to exercise their rights under this Act or otherwise.
(2) Subsection 5 (5) of the Act is amended by adding "and the prior authorization of the Assembly by way of appropriation" after "Cabinet".
(3) Section 5 of the Act is amended by adding the following subsections:
Annual report
(6.1) Within 60 days after the end of each fiscal year of the Government of Ontario after this subsection comes into force, the Attorney General shall prepare a report on the operation of the victims' justice fund account that details all payments made out of the fund during the fiscal year.
Tabling
(6.2) The Minister shall,
(a) submit the report to the Lieutenant Governor in Council;
(b) lay the report before the Assembly if it is in session; and
(c) deposit the report with the Clerk of the Assembly if the Assembly is not in session.
Commencement
3. This Act comes into force on the day it receives Royal Assent.
Short title
4. The short title of this Act is the Victims' Bill of Rights Amendment Act (Crime Redepiction), 2005.
EXPLANATORY NOTE
The Bill amends the Victims' Bill of Rights, 1995 to allow victims of a prescribed crime to recover damages for emotional distress from a person or body that produces, distributes or otherwise makes available to the public, whether or not for profit, any visual or audible product that redepicts in any way the circumstances of the crime or the circumstances leading up to it, except in two cases. The two exceptions are the cases where the product is made available to the public for the purpose of the administration of justice or where the product depicts a crime that took place more than 50 years before the product was made available to the public. The regulations made under the Act can provide for a longer time period in that second case.
The Bill also amends the Act to require the Attorney General to prepare and submit to the Legislative Assembly an annual report on the operation of the victims' justice fund account.