Department of Justice
www.justice.gc.ca
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Legislation
A strategy which recognizes the role of both levels of government is essential for improvements to the criminal justice system when addressing the needs of victims of crime. Both federal and provincial laws address the concerns of victims of crime regarding, for example,
- Entitlement to information
- Services and assistance
- Victims' role in criminal proceedings
The federal Minister of Justice is responsible for enacting the criminal law which is found in the Criminal Code and applies throughout Canada. The Criminal Code includes many provisions which facilitate the participation of victims of crime. These provisions are described below.
The Solicitor General of Canada is responsible for, among other things, the Corrections and Conditional Release Act . This Act also includes provisions specifying the information which is available to crime victims about federally incarcerated inmates.
The provinces and territories have also enacted victim legislation governing services and assistance and, in some jurisdictions, compensation to victims of crime.
In Canada there is no single federal or "national"
"Bill of Rights"
for Victims of Crime. This would not be appropriate in Canada due to the fact that the jurisdiction over the components of the criminal justice system and the responsibility for meeting the needs of victims of crime is shared by the federal government and provinces and territories.
For practical and jurisdictional reasons, legislation for victims of crime in Canada must be found in the relevant federal, provincial and territorial statutes including the Criminal Code (federal), Corrections and Conditional ReleaseAct (federal), proposed Youth Criminal Justice Act (Bill C-3, federal) and in applicable provincial and territorial Victims of Crime, Victim Services and Criminal Injuries Compensation legislation.
In 1988, Federal, Provincial and Territorial Ministers of Justice endorsed the Canadian Statement of Basic Principles of Justice for Victims of Crime. The principles have guided the development of policy and legislation for victims of crime. The principles have been reflected in provincial and territorial victim legislation, for example, as a preamble, a statement of principles, goals or rights.
The provisions of the Criminal Code, referred to below, also follow these guiding principles.
The Canadian Statement echoes the 1985 United Nations Declaration of Basic Principles of Justice for Victims of Crime which Canada co-sponsored.
