Laws and Legislation Related to Victim Services
in British Columbia

Legislation concerning victims of crimes are found in both federal and provincial/territorial laws. The federal government is charged with creating laws and procedures that guide our criminal justice system while the provincial/territorial government is responsible for the administration of justice such as enforcing laws and providing assistance and services.

How does this translate to victim services?

The Criminal Code, a federal statute, has provisions that speak of the role of victims of crime in the criminal justice system. It is then up to the provinces to set up a system to actually deliver the services needed to help victims of crime understand and participate in criminal justice system.

Provincial Legislation

In British Columbia, there are two key pieces of legislation that guide the delivery of victim services: (1) The Victim of Crime Act and (2) The Crime Victim Assistance Act. Under the Victim of Crime Act, if you are a victim of crime in BC, you are entitled to receive information about:

• The victim services available to you
• The opportunity to have admissible evidence concerning the impact of the offence presented to the court before sentence is imposed for the offence
• The benefits and financial assistance for criminal injury
• How the criminal justice system works
• The status of the police investigation
• The charges laid against the offender
• The status of the court case
• The outcome of court appearance
• The administration of the offender’s sentence such as length of sentence, location of jail, eligibility and review dates of the offender’s custody status
• Your rights to privacy

The Crime Victim Assistance Act applies to those who have been injured physically or psychologically as a result of certain crimes. Under this Act, victims of certain types of crime are eligible for compensation to assist with the costs of criminal injuries. For example, one may qualify for counselling expenses or medical expenses not covered by medical service plan and income support.

Federal Legislation

In 1988, the federal, provincial and territorial Ministers of Justice endorsed the adoption of the Canadian Statement of Basic Principles of Justice for Victims of Crime. The statements encouraged federal and provincial government to develop legislation that would provide equal access to justice and assistance for victims of crime. The statement reads:

In recognition of the United Nations Declaration of Basic Principles of Justice for Victims of Crime, Federal and Provincial Ministers responsible for Criminal Justice agree that the following principles should guide Canadian society in promoting access to justice, fair treatment and provision of assistance for victims of crime

• Victims should be treated with courtesy, compassion and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.
• Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they have suffered.
• Information regarding remedies and the mechanisms to obtain them should be made available to victims.
• Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of the proceedings.
• Where appropriate, the view and concerns of victims should be ascertained and assistance provided throughout the criminal process.
• Where the personal interests of the victim are affected, the views or concerns of the victim should be brought to the attention of the court, where appropriate and consistent with criminal law and procedure.\
• Measures should be taken when necessary to ensure the safety of victims and their families and to protect them from intimidation and retaliation.
• Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims and guidelines developed, where appropriate, for this purpose.
• Victims should be informed of the availability of health and social services and other relevant assistance so that they might continue to receive the necessary medical, psychological and social assistance through existing programs and services.
• Victims should report the crime and cooperate with the law enforcement authorities.
  
  
   

120-12414 – 82 Ave
Surrey BC   V3W 3E9
Phone: 604-501-2502 Fax: 604-501-2509 Toll-Free: 1-877-869-0720
info@policevictimservices.bc.ca