Legislation and policy related to victims in the criminal justice system

There are several acts and policies governing the treatment of victims in the criminal justice system.

On this page

• Victims of Crime Act
• Canadian Victims Bill of Rights
• Crime Victim Assistance Act
• Violence Against Women in Relationships Policy
• Referral Policy for Victims of Power-Based Crimes
• Contact Victim Services and Crime Prevention

Victims of Crime Act

The Victims of Crime Act provides victims with the right to:

• Be treated with courtesy and respect by all justice personnel, without discrimination
• Receive information on the justice system, victim services and related legislation
• Receive, on request, certain case-specific information regarding police investigation, prosecution, sentencing and release of the offender
• Be given a reasonable opportunity to provide victim impact information for presentation to the court before sentencing of the offender
• Receive independent legal representation, provided free of charge where they cannot afford it, if an application has been made for disclosure of their personal records

Complaints about compliance with Victims of Crime Act can be made to the Office of the Ombudsperson.

Victim surcharge levies

Victim surcharge levies are added to fines for federal and provincial offences. The levy is calculated as:

Federal offences: 30 percent of the fine
Provincial offences: 15 percent of the fine

Funds from the victim surcharge levies are paid to the Victim Surcharge Special Account to:

• Support victim services
• Make annual contributions to the British Columbia Neurotrauma Fund

To learn more about victim surcharge levies, refer to the Victim Surcharge Levy Regulation.

Canadian Victims Bill of Rights

If you are a victim of certain offences, including all offences under the Criminal Code, the federal Canadian Victims Bill of Rights (PDF, 167KB) provides you with the right to information, protection, participation, and restitution.

Right to information

This includes your right to:

• Receive, on request, general information about the criminal justice system, victim services and programs available to you, including restorative justice programs
• File a complaint if you believe your rights have been denied or infringed
• Request certain case-specific information about the status and outcome of the investigation and prosecution

Right to protection

This includes your right to:

• Have your security and privacy considered at all stages of the criminal justice process
• Have reasonable and necessary protection from intimidation and retaliation
• Ask for a testimonial aid
• Have your identity protected when appearing as a witness in court

Right to participation

This includes your right to:

• Present victim impact statements and have them considered in court
• Express your views about decisions that affect your rights

Right to restitution

This includes your right to:

• Have the court consider making a restitution order
• Have an unpaid restitution order entered as a civil court judgment

Crime Victim Assistance Act

Under the Crime Victim Assistance Act, you may be eligible for financial assistance or other benefits if you are:

• A victim injured as a result of certain crimes
• An immediate family member of an injured or deceased victim
• A witness

For more information, refer to:

• Crime Victim Assistance (general) Regulation (161/2002) for general benefits, such as medical services, dental services and counselling services, and who may qualify for them
• Crime Victim Assistance Regulation (162/2002) for income support services, vocational services and expense benefits

Violence Against Women in Relationships Policy

(Includes the Protocol for Highest Risk Cases (PDF, 515KB))

The Violence Against Women in Relationships (VAWIR) Policy (PDF, 777KB) directs the justice and child welfare systems to:

• Emphasize the criminality of violence within relationships
• Take the necessary measures to ensure the protection of women and children who may be at risk

This policy relates to the continuum of violence that occurs in relationships. It applies to a range of criminal activities from harassing telephone calls or mischief to aggravated assault.

Referral Policy for Victims of Power-Based Crimes

(“Power-based Crimes” refers to violence in relationships)

The Referral Policy for Victims of Power-Based Crimes: Family Violence, Sexual Assault, and Criminal Harassment (PDF, 184KB) helps ensure victims are referred to the appropriate victim service program as soon as possible.

The policy is supported by provincial policies and police services policies, including:

• The Ministry of Attorney General’s Violence Against Women In Relationships Policy (VAWIR)
• The RCMP “E” Division policy
• Municipal police department policies

The policy states that victims identified as victims of violence in relationships will be referred to the appropriate community-based victim service program. This helps support victim safety and increase the likelihood the victims will participate in the criminal justice process.

Community-based victim service programs are:

• Located in community agencies
• Mandated to support all victims of power-based crimes

In some communities, there are specific programs for women, children, youth, male survivors of sexual abuse, Indigenous Peoples and ethno-specific communities.