Victim Services of Haldimand-Norfolk

 

FEATURE INFORMATION ON VICTIMS ISSUES

 

THE VICIMTS' BILL OF RIGHTS, 1995-- An Act Respecting Victims of Crime, has been proclaimed as law on June 11, 1996 by the Ontario government. The Act supports and recognizes the needs and rights of victims of crime in both the criminal and civil justice system. This government is committed to restoring public confidence in the criminal justice system and to helping ensure community safety. Elements of the bill include:

Establishing a legislated set of principles to support victims throughout criminal justice process.

These principles specify how victims should be treated by justice system officials at different stages of criminal justice process. The statement of principles require that victims:

 Be treated with courtesy, compassion and respect for their personal dignity and privacy;

 Have access to information concerning services and remedies available to victims:

 Have access to information about the progress of criminal investigations and prosecutions and the sentencing and interim release of offenders from custody;

 Be given the opportunity to be interviewed by police officers and officials of the same gender as the victim, when that victim has been sexually assaulted;

 Be entitled to have their property returned as promptly as possible by justice system officials, where the property is no longer needed for the purposes of the justice system (for example, to carry out an investigation, trial or appeal);

 Have access to information about plea and pre-trail arrangements and their role in the prosecution.

Making it easier for victims to sue their assailants in civil actions.

The bill states that a person convicted of a crime prescribed by regulation is liable for damages to the victim for emotional distress and bodily harm resulting from the distress, arising from the crime. The bill makes it clear that a victim of domestic assault, sexual assault or attempted sexual assault is presumed to have suffered emotional distress. Subject to judicial discretion, the following measures are provided for victims in civil actions:

 An offender's sentence should not be considered when awarding compensatory damages;

 Victims who are successful in their lawsuits will be presumed to be entitled to be reimbursed for most of their legal costs by the assailant;

 Victims are entitled to receive interest on awards from the date of the crime to the date of trail;

 Victims who live outside Ontario and who are commencing a lawsuit will usually not have to post security at the outset of the proceeding.

Supporting child witnesses by amending Ontario's Evidence Act to make it easier for children to be witnesses at civil proceedings.

Ontario's Evidence Act governs the laws of evidence in provincial offence prosecutions, tribunal hearings, and most civil proceedings. The amendments to the Act pertaining to child witnesses remove existing barriers and make it easier for children to testify in civil proceedings and proceedings under the Provincial Offences Act.

 A person of any age is presumed competent to give evidence in court;

 A child's evidence does not need to be corroborated and is admissible if the child takes an oath, makes a solemn affirmation, promises to tell the truth, or if the judge decides the child's testimony is reliable;

 A child's testimony may be accepted on videotape where: -the videotape is recorded at a pre-trail examination of the child with parties, lawyers and the judge present; -the child testifies and agrees with the evidence he/she gave on videotape;

 A child may testify with the assistance of a one-way screen, closed circuit television, or with the accompaniment of a support person;

 The court has discretion to exclude personal cross-examination of a child by an adverse party-- for example, where the adverse party is not represented by a lawyer and wishes to conduct the cross-examination of the child by himself/herself.

Enshrining the Victims' Justice Fund in the Victims' Bill of Rights, 1995

This government has enshrined the Victims' Justice Fund in the Victims' Bill of Rights, 1995 so that money collected under the victim fine surcharge will be solely dedicated to providing services for victims. The Victims' Justice Fund provides a pool of money for the delivery of services. The money for the fund is collected through a provincial victim fine surcharge, which has been applied to all fines under the Provincial Offences Act (except parking violations) since January 1, 1995. Federal fine surcharge revenue is also collected in this fund. The surcharges are calculated on a graduated scale according to the fine.

This government has allocated $10.2 million from the Victims' Justice Fund to create new and innovative services and to expand successful victims' services in 1996/97 and 1997/98. In keeping with its commitment to enhance services for victims of crime, the government will:

 Introduce an automated Victim Notification System to keep victims informed of changes in the status of incarcerated offenders and upcoming trail information.

 Double the size of the Ministry of Attorney General Victim/Witness Assistance Program (VWAP) from 13 to 26 sites and enhance services at many of the sites that are facing increasing demand.

 Increase the Ministry of the Solicitor General and Correctional Services' Victim Crisis Assistance and Referral Service (VCARS) from 4 to 20 sites.

 Create a $500,000 Community Victims' Initiates Program (CVIP), which will provide up to $50,000 in funding to community groups who assist victims of crime. Community programs will expand the support that communities provide to victims.

 

If you would like more information on Victim Services, Criminal Injuries Compensation Board or any Social Issue specifically please e-mail Victim Services of Haldimand & Norfolk Counties.