S-2361453-4Charles III2025An Act to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crimeAn Act to amend the Canadian Victims Bill of Rights and to establish a framework for implementing the rights of victims of crime202510

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Senator HOUSAKOS4512518

SUMMARYThis enactment amends the Canadian Victims Bill of Rights to enhance some of the rights granted to victims of crime and establishes a framework for implementing those rights.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:PART 12015, c. 13, s. 2Canadian Victims Bill of RightsAmendments

1The portion of section 6 before paragraph (a) of the Canadian Victims Bill of Rights is replaced by the following:

General information6Every victim has the right, without request, to information about

Canadian Victims Bill of RightsClause 1:Text of relevant portion of section 6:

6Every victim has the right, on request, to information about

2The portion of section 7 before paragraph (a) of the Act is replaced by the following:

Investigation and proceedings7Every victim has the right, without request, to information about

Clause 2:Text of relevant portion of section 7:

7Every victim has the right, on request, to information about

3The portion of section 8 before paragraph (a) of the Act is replaced by the following:

Information about offender or accused8Every victim has the right, without request, to information about

Clause 3:Text of relevant portion of section 8:

8Every victim has the right, on request, to information about

4The Act is amended by adding the following after section 13:

Support and assistance services13.1Every victim has the right to have access to legal, social, medical and psychological services that are suited to their needs and circumstances.

Clause 4:New.

5Section 16 of the Act and the heading before it are replaced by the following:Right to Reparations

Reparations16Every victim has the right to obtain reparations for the harm done to them as the result of the commission of an offence, including the right to(a)have access to restorative justice programs; and(b)have the court consider making a restitution order against the offender.

Clause 5:Text of heading and section 16:Restitution

16Every victim has the right to have the court consider making a restitution order against the offender.

6The Act is amended by adding the following after section 17:

Enforcement — assistance17.1Every victim in whose favour a restitution order is made has the right to obtain assistance to have the order entered and enforced.

Clause 6:New.

7Section 20 of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after that paragraph:(d.1)abrogate or derogate from the rights of victims to access to justice and to procedural fairness in the administration of the criminal justice system; orClause 7:Text of relevant portions of section 20:

20This Act is to be construed and applied in a manner that is reasonable in the circumstances, and in a manner that is not likely to. . .(d)endanger the life or safety of any individual; or

8Subsection 25(2) of the Act is replaced by the following:Complaint to authority(2)Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with the authority designated by the Governor in Council to review complaints in relation to that department, agency or body.Clause 8:Text of subsection 25(2):(2)Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body.

9The Act is amended by adding the following after section 29:Training

Development30(1)The Minister of Justice must develop training on the rights under this Act within 180 days after the day on which this section comes into force. The training is to be for any person employed by an authority in the criminal justice system who plays a role in implementing the rights of victims.Review and updating(2)The Minister must review the training at least every three years and update it if necessary.Consultation(3)In developing, reviewing or updating the training, the Minister must consult the representatives of the provincial governments who are responsible for the administration of justice in their respective provinces, groups representing the interests of victims and other relevant stakeholders.Employee of authority in criminal justice system within legislative authority of Parliament(4)Every authority in the criminal justice system within the legislative authority of Parliament must ensure that every person it employs who plays a role in implementing the rights of victims receives the training(a)within three months after the date on which their employment begins; and(b)at least every three years after that date.Employee of authority in criminal justice system within legislative authority of province(5)The Minister must ensure that the training is available to any employee of an authority in the criminal justice system within the legislative authority of a province.

Clause 9:New.

Transitional Provision

Training10Every authority in the criminal justice system within the legislative authority of Parliament must ensure that every person whose employment began before the day on which section 9 comes into force who plays a role in implementing the rights of victims of crime receives the training provided for in this section no later than one year after the day on which it comes into force.

PART 2Victims Rights Implementation Framework

Development11(1)The Minister of Justice must develop an implementation framework setting out how the rights of victims of crime under the Canadian Victims Bill of Rights are to be implemented and upheld in matters within the legislative authority of Parliament.Consultation(2)In developing the implementation framework, the Minister must consult the Federal Ombudsperson for Victims of Crime, the representatives of the provincial governments who are responsible for the administration of justice in their respective provinces, groups representing the interests of victims of crime and other relevant stakeholders.Contents(3)The implementation framework must include(a)the mechanisms for assessing the availability of assistance services for victims of crime and the implementation and upholding of the rights under sections 6 to 8 of the Canadian Victims Bill of Rights;(b)the remedies available to victims of crime to obtain reparations when their rights under the Canadian Victims Bill of Rights are not upheld;(c)minimum standards for support and assistance services for victims of crime, including legal, social, medical and psychological services;(d)a national public awareness campaign to inform Canadians of their rights as victims of crime;(e)mechanisms to strengthen the participation of victims of crime in the criminal justice system;(f)mechanisms to make the parole process more conducive to the participation of victims of crime and their families;(g)mechanisms to enable victims of crime to be heard by the appropriate authorities in the criminal justice system during sentencing and consideration of an application for parole;(h)mechanisms to strengthen the independence of the Federal Ombudsperson for Victims of Crime, including by enshrining its existence in legislation; and(i)every additional legislative amendment within the legislative authority of Parliament that, in the opinion of the Minister, is necessary for implementing the rights under this Act or the implementation framework.

Tabling in Parliament12(1)No later than the first anniversary of the day on which this Act receives royal assent, the Minister of Justice must prepare a report setting out the implementation framework and cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.Publication(2)The Minister must publish the report on the Department of Justice website within 10 days after the day on which the report is tabled in Parliament.

Report13Within five years after the day on which the report referred to in subsection 12(1) is tabled in Parliament, the Minister of Justice must cause to be tabled in each House of Parliament a report setting out(a)an assessment of the effectiveness of the components of the implementation framework; and(b)any findings or recommendations of the Minister regarding the implementation framework.