The Canadian Victims Bill of Rights (the “Act”) will come into force on July 23, 2015. The Act entrenches significant rights for victims of crime in our country and creates a process by which victims can complain if they feel their rights have been infringed. Who and what does the Act apply to? The Act defines ‘victim’ broadly, and includes individuals who have suffered physical or emotional harm, property damage, or economic loss as the result of the commission of an offence under various pieces of Canadian legislation.  Further, ‘victims’ who are dead or otherwise incapable of acting can have a spouse, guardian, or other relative exercise that victim’s rights under the Act. Rights under the Act can only be exercised by a person present in Canada, a Canadian citizen, or a permanent resident. Accordingly, foreign victims have no rights under the Act, unless they are prepared to return to Canada to be present for the relevant proceedings. What rights are victims provided with? a.  Rights to Information Victims are afforded the right to information, on request, about the role of victims in the justice system, services and programs available to victims, and their ability to file a complaint if their rights under the Act are infringed or denied. Every victim has a right, on request, to information about the status and outcome of investigations into crimes. The term “outcome” is quite ambiguous and could be problematic if interpreted to say that victims are entitled to obtain or review the fruits of an investigation by way of evidence or investigative materials.  Victims are entitled to information about the location, timing, progress, and outcome of proceedings in relation to an offence. b.  Rights to Protection Victims are now guaranteed to have their security considered by someone within the justice system and to be provided with reasonable and necessary measures to protect them from intimidation or retaliation.  The scope of these provisions, and the definition of ‘intimidation’ and ‘retaliation’, is unclear.  Victims are also provided with privacy, the ability to request that their identities be protected in proceedings, and the ability to request testimonial aids. c.  Rights to Participate Victims are provided with certain “participation rights”, including the right to convey their views about decisions that affect their rights and the ability to present a victim impact statement. It is not clear if this provision expands the present parameters of victim impact statements to allow, for example, a victim to provide an opinion on sentence. d.  Remedies Victims whose rights have been infringed or denied by a federal or provincial government body may file a complaint with the relevant body.  The Act mandates all federal bodies associated with the criminal justice system to create a complaints mechanism that will include a review of complaints, the power to make recommendations in order to remedy the infringements, and an obligation to notify victims of what those recommendations are.  The Act does not specifically require that provincial bodies do the same, but it is likely that some process will be available. Conclusion Many of the rights outlined above were already provided for in the Criminal Code and, from a practical perspective, victims are provided with most of the information referred to above by Crown prosecutors or through victim services programs.  The most interesting new feature of this Act is the section on remedies.  There is no indication yet as to what form or mechanism the complaints and remedies processes will take.  Either way, these new obligations will likely result in significant added pressure on prosecutors and could potentially cause further delay within our justice system.

About the author: Kelsey is an associate in the Saskatoon office and enjoys practicing in a number of different areas with a focus on health law, criminal law, insurance law, and First Nations issues including on-going experience with self- government negotiations.

About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.