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Bill C-294

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-294

An Act to amend the Criminal Code and the Corrections and Conditional Release Act (victims' rights)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

1. The Criminal Code is amended by adding the following before section 1:

Preamble

Whereas society needs the protection of the State from criminal activity that threatens or harms individuals or public or private property or disturbs the public peace;

Whereas it is necessary to punish offenders to keep public peace and deter criminal activity;

Whereas many offences have individual victims who are affected by the offence;

And Whereas the obligations of the State to prosecute offenders must be accompanied by protection of the interests of the victims by keeping them fully informed of the details of the prosecution, giving them a right to be heard on the impact the offence has had on them and providing restitution for the offence;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2. The Act is amended by adding the following after section 1:

Interpreta-
tion

1.1 This Act shall be interpreted and applied so as to reflect the duality of its purpose in dealing with the determination of guilt and punishment of offenders, and the protection of and the provision of rights to victims of offences.

3. The Act is amended by adding the following heading before section 722:

VICTIMS' RIGHTS

4. Paragraph 722(2)(b) of the Act is replaced by the following:

      (b) filed with the court and, if the victim so wishes, read to the court by the victim before the determination of the sentence.

5. Section 722 of the Act is amended by adding the following after subsection (4):

Initial identification of victims

(5) The person in charge of investigating an offence shall list, in the prescribed form, those persons who appear to be victims of the alleged offence and shall keep the persons so listed informed from time to time of the progress of the investigation, unless there are reasonable grounds for believing that such information may impede the investigation.

Prosecutor listing victims

(6) Where an accused has been charged with an offence, the person in charge of the prosecution of an offence who receives credible information that a person not listed as a victim of the offence pursuant to subsection (5) is or may be a victim of the offence shall list the person, in the prescribed form, as a victim of the offence.

Person applying to be victim

(7) Any person who has reasonable grounds for being considered to be a victim of an offence may apply to be a victim of the offence, in the prescribed form, to the person in charge of the investigation of the offence or, if anyone has been charged with the offence, to the person in charge of the prosecution of the accused.

Court listing victims

(8) A court, at any proceeding respecting an offence, may on application or of its own motion, on being satisfied that proper notice has been given to any person affected, order that any person not listed as a victim pursuant to subsection (5), (6) or (7) be listed as a victim or that any person listed as a victim pursuant to subsection (5), (6) or (7) be removed from the list of victims.

Information to victims

(9) The person in charge of the prosecution of the offence shall

    (a) as soon as practicable after an accused has been charged with an offence, inform every person who has been described as a victim of the offence under subsections (5) to (8) of the name of the accused, the charge and the date, time and place of the first appearance of the accused respecting the charge;

    (b) as soon as practicable, inform every person who has been described as a victim of the offence under subsections (5) to (8), of the date, time and place of every subsequent proceeding respecting the charge; and

    (c) as soon as practicable after a judgment has been rendered or a sentence pronounced, inform every person who has been described as a victim of the offence under subsections (5) to (8) of

      (i) the result of the judgment,

      (ii) if the accused has been convicted, the sentence, and

      (iii) if the offender is to be detained, the place where the offender is detained and, from time to time, any other place in which the offender is detained.

Subsequent appeals and applications

(10) If an offender appeals a conviction or a sentence or makes an application for release pending appeal or for a judicial review of a sentence under section 745 or to the Minister for mercy under section 690 or for a pardon under section 749 or to Her Majesty for a Royal Pardon, the Attorney General shall cause every person listed as a victim under subsections (5) to (8) to be informed of the appeal or application and of the date, time and place at which it will be heard, and the court or any official hearing the matter shall permit any victim applying to be heard on the matter before it is determined.

Victim's right to be heard

(11) Where an offender is convicted or discharged under section 736 of an offence, or has made an appeal or application mentioned in subsection (10), the court, before imposing sentence on or discharging the offender or determining the appeal or application, must hear any victim of the offence who wishes to be heard on the impact the offence has had or the impact the granting of an appeal or application would have on the victim, the members of the victim's family and household and the victim's or another person's property.

6. Paragraphs 738(1)(b) and (c) of the Act are replaced by the following:

    (b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or the attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages, including loss of income or support, incurred as a result of the bodily or psychological harm, where the amount is readily ascertainable; and

    (c) in the case of bodily or psychological harm or threat of bodily or psychological harm to the offender`s spouse or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the spouse, child or other person was a member of the offender`s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person as a result of moving out of the offender`s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable.

1992, c. 20; 1993, c. 34; 1995, cc. 22, 39, 42; 1996, c. 19; 1997, c. 17

CORRECTIONS AND CONDITIONAL RELEASE ACT

7. Subsection 142(1) of the Corrections and Conditional Release Act is amended by replacing the portion before paragraph (a) by the following:

Disclosure of information to victims

142. (1) At the request of a person listed as a victim of an offence committed by an offender, pursuant to section 722 of the Criminal Code, the Chairperson

8. The Act is amended by replacing the portion of paragraph 142(1)(b) before subparagraph (i) by the following:

    (b) shall disclose to the victim the following information about the offender, unless , in the Chairperson's opinion, the information may be used by the victim to harass the offender or for a purpose unrelated to the victim's right to be informed about the punishment or release of the offender and to be heard pursuant to section 142.1:

9. The Act is amended by adding the following after section 142:

Victim's right to be heard

142.1 (1) A victim of an offence listed pursuant to section 722 of the Criminal Code has the right to be informed in advance of the date, time and place of any hearing respecting any reduction in the time of imprisonment to be served by the offender or any form of release of the offender, other than release on the completion of the full term of imprisonment to which the offender was sentenced, and has the right to be heard at the hearing.

Releasing authority responsible

(2) The releasing authority defined in section 133 that is handling a matter is responsible for giving victims the information related to the matter and granting the victim's rights to be heard on the matter as provided for in subsection (1).

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