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Bill C-79

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SUMMARY

This enactment amends the Criminal Code to enhance the protection and participation of victims and witnesses in the criminal justice system. The amendments included in this enactment

    (a) expand the availability of protection from personal cross-examination by a self-represented accused for victims and witnesses of sexual offences and personal violence offences, up to the age of 18;

    (b) clarify the application of publication bans, and provide a discretion to order, in appropriate circumstances, a publication ban on information that could disclose the identity of victims or witnesses;

    (c) ensure that the safety concerns of victims and witnesses are taken into consideration in judicial interim release determinations and in the imposition of conditions in any undertakings given by the accused for judicial interim release;

    (d) revise the victim impact statement provisions to, among other things, require the judge to inquire whether the victim has been advised of the opportunity to prepare a victim impact statement, and permit a victim to present a victim impact statement orally;

    (e) provide that all offenders must pay a victim surcharge of a fixed, minimum amount, except where the offender establishes undue hardship, and provide for increased amounts to be imposed in appropriate circumstances;

    (f) require a judge, at the sentencing of an offender to life in prison, to provide information, for the benefit of the victim, regarding the operation of the provisions governing judicial review of parole eligibility; and

    (g) make a number of procedural and consequential changes.