QR&O: Volume II - Chapter 108 Declaration of Victims Rights

Effective 1 january 2006, the official version of the QR&O is that published in PDF format on this website.

A consolidation of the QR&O volumes in official PDF version were made as of the 3 July 2019. The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

The last modifications to the QR&O came into force on 20 June 2022.

Amendment List:

20 June 2022 – replaced articles: 108.01 to 108.05
20 June 2022 – repealed articles and notes: 108.06 to 108.45
20 June 2022 – repealed article: 108.46
20 June 2022 – repealed articles: 108.47 to 108.50
20 June 2022 – repealed articles: 108.52 and 108.53
1 September 2018 – article amended: 108.03 (English version only)
1 September 2018 – note (B) amended: 108.05
1 September 2018 – new note (C): 108.05
1 September 2018 – article amended: 108.06
1 September 2018 – new notes: 108.06
1 September 2018 – article amended: 108.12
1 September 2018 – new notes (C) and (D): 108.12
1 September 2018 – heading amended: Section 5 (English version only)
1 September 2018 – heading amended: 108.14 (English version only)
1 September 2018 – paragraphs amended: 108.14(1) to (4) (English version only)
1 September 2018 – paragraph amended: 108.14(5)
1 September 2018 – notes (A) and (B) amended: 108.14 (English version only)
1 September 2018 – note (C) amended: 108.14
1 September 2018 – note (D) repealed: 108.14
1 September 2018 – paragraph amended: 108.15(1) (English version only)
1 September 2018 – paragraph amended: 108.15(2)
1 September 2018 – note (A) amended: 108.15
1 September 2018 – note (B) amended: 108.15 (English version only)
1 September 2018 – notes (C) and (D) amended: 108.15
1 September 2018 – note (E) amended: 108.15 (French version only)
1 September 2018 – new article: 108.155
1 September 2018 – subparagraph amended: 108.16(1)(a)
1 September 2018 – subparagraph amended: 108.16(1)(b) (English version only)
1 September 2018 – new paragraph: 108.16(1.1)
1 September 2018 – paragraphs amended: 108.16(2) to (4) (English version only)
1 September 2018 – notes (A) and (C) amended: 108.16 (English version only)
1 September 2018 – paragraph amended: 108.17(1) (English version only)
1 September 2018 – paragraphs amended: 108.17(2) and (3)
1 September 2018 – paragraphs amended: 108.17(4) to (6) (English version only)
1 September 2018 – new note: 108.17
1 September 2018 – new article and note: 108.171
1 September 2018 – heading amended: 108.18
1 September 2018 – paragraph amended: 108.18(1)
1 September 2018 – paragraph amended: 108.18(2) (English version only)
1 September 2018 – notes (A) to (C) amended: 108.18 (English version only)
1 September 2018 – paragraphs amended: 108.19(1) and (2)
1 September 2018 – subparagraph amended: 108.195(b)
1 September 2018 – subparagraph amended: 108.195(c) (English version only)
1 September 2018 – paragraph amended: 108.20(1) (English version only)
1 September 2018 – subparagraph amended: 108.20(3)(a)
1 September 2018 – subparagraphs amended: 108.20(3)(b) and (c) (English version only)
1 September 2018 – paragraphs amended: 108.20(4) to (9) (English version only)
1 September 2018 – paragraphs amended: 108.20(10) and (11)
1 September 2018 – new paragraph: 108.20(11.1)
1 September 2018 – notes (A) to (E) amended: 108.20 (English version only)
1 September 2018 – note (F) amended: 108.20
1 September 2018 – note (G) repealed: 108.20
1 September 2018 – notes (H) and (I) amended: 108.20
1 September 2018 – notes (H), (I) and (J) relettered as notes (G), (H) and (I): 108.20
1 September 2018 – tables amended: 108.24 to 108.26
1 September 2018 – note (A) amended: 108.26
1 September 2018 – article amended: 108.27
1 September 2018 – paragraphs amended: 108.28(2) and (4)
1 September 2018 – subparagraph amended: 108.34(1)(a) (English version only)
1 September 2018 – subparagraph amended: 108.34(1)(b)
1 September 2018 – note amended: 108.35
1 September 2018 – note (A) amended: 108.36
1 September 2018 – note amended: 108.37
1 September 2018 – article repealed: 108.38
1 September 2018 – article amended: 108.42
1 September 2018 – new note: 108.42
1 September 2018 – new article: 108.43
1 September 2018 – paragraphs amended: 108.45(3), (16), (17) and (17.1)
1 September 2018 – note (B) amended: 108.45
1 June 2014 – amended article: 108.20
1 June 2014 – amended article: 108.24
12 September 2008 – amended article: 108.06
12 September 2008 – amended article: 108.12
18 July 2008 – amended article: 108.05
18 July 2008 – amended article: 108.06
18 July 2008 – amended article: 108.12
5 June 2008 – amended article: 108.07
5 June 2008 – amended article: 108.10
5 June 2008 – amended article: 108.13
5 June 2008 – amended article: 108.16
5 June 2008 – amended article: 108.20
5 June 2008 – amended article: 108.21
5 June 2008 – amended article: 108.24
5 June 2008 – amended article: 108.25
5 June 2008 – amended article: 108.35
5 June 2008 – amended article: 108.36
5 June 2008 – amended article: 108.37
5 June 2008 – amended article: 108.45

History:

108.01 – DISCLOSURE OF INFORMATION TO THE VICTIM

(1) For the purposes of subsection 71.04(2) of the National Defence Act, at the request of a victim, the commanding officer of the service prison or detention barrack where the offender is serving the punishment must disclose, in writing, to the victim any of the following information:

(a) the offender’s name and rank;

(b) the service offence of which the offender was convicted;

(c) the date of commencement, as well as the length and type, of the punishment of imprisonment or detention that the offender is serving;

(d) whether the execution of the punishment of imprisonment or detention is suspended under subsection 216(2) of the National Defence Act;

(e) if the offender is ordered to serve the punishment intermittently, the conditions and times prescribed in the intermittent sentence order;

(f) if the offender dies while serving the punishment, the date of their death.

(2) At the request of a victim, the Commander of the Canadian Forces Military Police Group may disclose to the victim any of the following information where, in the Commander’s opinion, the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:

(a) the offender’s age;

(b) the location of the service prison or detention barrack in which the offender is serving the punishment;

(d) the programmes that were designed to address the needs of the offender and contribute to their successful reintegration into the community, in which the offender is participating or has participated;

(e) any service offence that the offender commits while they are serving the punishment and of which they have been found guilty;

(f) any service infraction that the offender commits while they are serving the punishment and for which they have been found responsible;

(g) whether the offender is unlawfully at large; and

(h) any information relevant to the safety or security of the victim when the offender is not in custody.

(3) In deciding whether or not to disclose the information, the Commander of the Canadian Forces Military Police Group must consider the consequences of disclosure or non-disclosure on:

(a) the offender, including the offender’s reintegration into the community; and

(b) the victim, including the victim’s safety and physical, emotional and psychological well-being.

(4) At the request of a victim, the Commander of the Canadian Forces Military Police Group must disclose to the victim any of the following information, if, in the Commander’s opinion, the disclosure would not have a negative impact on the safety of the public:

(a) the date on which the offender is to be discharged, removed temporarily or temporarily absent;

(b) the destination of the offender on any discharge, temporary removal or temporary absence, or absences that arise from the suspension of the execution of the punishment or when the sentence is served intermittently;

(c) whether the offender will be in the vicinity of the victim while travelling to or from the offender’s destination on any discharge, temporary removal or temporary absence, or absences that arise from the suspension of the execution of the punishment or when the sentence is served intermittently;

(d) the reasons for the offender’s temporary removal or temporary absence;

(e) any threats that the offender makes against the victim; and

(f) the most recent photograph of the offender.

(5) In deciding whether or not to disclose the information, the Commander of the Canadian Forces Military Police Group must consider whether there is concrete and credible information about a plan to harm the offender, a person associated with the offender, or a person in the vicinity of the offender.

(6) The commanding officer of the service prison or detention barrack, or the Commander of the Canadian Forces Military Police Group, must disclose the information to the victim in writing as expeditiously as the circumstances permit after receiving the request.

(7) The officer who discloses any information referred to in paragraphs (1), (2) and (4) must disclose to the victim any changes to the information as expeditiously as the circumstances permit.

(G) [P.C. 1997-1584 effective 30 November 1997; P.C. 2022-0268 effective 20 June 2022 – 108.01 is replaced]

108.02 – CONDITIONS FOR VICTIM LIAISON OFFICER APPOINTMENT

For the purposes of subsection 71.16(1) of the National Defence Act, a commanding officer may only appoint an officer or non-commissioned member to act as a victim’s liaison officer if they meet all of the following conditions:

(a) they are enrolled and serving in the Canadian Forces;

(b) they are

(i) in the case of an officer, of or above the substantive rank of captain and below the substantive rank of brigadier-general, or

(ii) in the case of a non-commissioned member, of or above the substantive rank of sergeant;

(c) they have received, within the last four years, certification that they have completed training established by the Chief of Military Personnel that includes:

(i) the military justice system, as defined in section 71.01 of the National Defence Act,

(ii) the role of actors in the military justice system,

(iii) the Declaration of Victims Rights in Division 1.1 of Part III of the National Defence Act, and

(iv) communicating effectively with victims;

(d) they are not:

(i) a member of the military police, unless the victim is a member of the military police,

(ii) a legal officer, unless the victim is a legal officer,

(iii) a military judge,

(iv) a court reporter,

(v) in respect of the service offence for which the victim has requested the appointment of the liaison officer,

(A) a victim,

(B) a person who is alleged to have committed the service offence,

(D) a witness,

(E) a person who provides medical treatment,

(F) a person who carries out or directly supervises an investigation,

(G) a person who issues a warrant,

(H) a custody review officer,

(I) a person who lays a charge,

(J) a person who may exercise a victim’s rights pursuant to paragraph 2(1.1)(a) of the National Defence Act.

(G) [P.C. 1997-1584 effective 30 November 1997; P.C. 2022-0268 effective 20 June 2022 – 108.02 is replaced]

108.03 – COMPLAINTS – DECLARATION OF VICTIMS RIGHTS

(1) For the purposes of subsection 71.22(1) of the National Defence Act, a victim who wishes to file a complaint must file it in writing with the Director of External Review.

(2) As expeditiously as the circumstances permit after receiving the complaint, the Director of External Review must review the complaint or forward the complaint for review by:

(a) the Deputy Commander of the Canadian Forces Military Police Group;

(b) the Assistant Director of Military Prosecutions; or

(3) When deciding to review or forward the complaint to one of the officers referred to in subparagraphs (2)(a) to (c), the Director of External Review must, among other factors, consider the following:

(a) the nature and severity of the alleged infringement or denial;

(b) the officer’s areas of responsibility;

(d) any reasons to believe that the officer is unable to conduct an impartial review or is placed in a real, apparent or potential conflict of interest; and

(e) any preference expressed by the victim regarding the officer conducting the review.

(G) [P.C. 1997-1584 effective 30 November 1997; P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 108.03 is replaced]

108.04 – REVIEW OF COMPLAINT

(1) The officer conducting the review of the complaint:

(a) must determine whether any of the victim’s rights in Division 1.1 of Part III of the National Defence Act were infringed or denied; and

(b) may make recommendations to remedy any infringement or denial, if necessary.

(2) The officer must complete the review as soon as circumstances permit after receiving the complaint.

(3) Before making a determination or recommendation under paragraph (1), the officer conducting the review of the complaint must obtain legal advice from a legal officer, unless the officer conducting the review is a legal officer.

(4) The Director of External Review must notify the victim in writing of the result and any recommendations that were made.

G) [P.C. 1997-1584 effective 30 November 1997; P.C. 2022-0268 effective 20 June 2022 – 108.04 is replaced]

108.05 – SECOND REVIEW OF COMPLAINT

(1) If the victim is of the opinion that the result or the recommendations made do not address the complaint, the victim may file a request in writing for a second review with the Director of External Review.

(2) The victim must file the request within 30 days of the date of the notification under paragraph 108.04(4).

(3) As expeditiously as circumstances permit after receiving the request for the second review, the Director of External Review must review the complaint or forward it for review by:

(a) the Commander of the Canadian Forces Military Police Group;

(b) the Director of Military Prosecutions; or

(4) When deciding to conduct the second review or forward the complaint to one of the officers referred to in subparagraphs 108.03(2)(a) to (c), the Director of External Review must, among other factors, consider the factors set out in paragraph 108.03(3).

(5) The officer conducting the second review must conduct the review in accordance with the provisions of paragraphs 108.04(1) to (3).

(6) The Director of External Review must notify the victim in writing of the result and any recommendations that were made.

(C) [18 July 2008]

(G) [P.C. 2022-0268 effective 20 June 2022 – 108.05 is replaced]

(G) [P.C. 2022-0268 effective 20 June 2022 – 108.06 to 108.45 and associated notes are repealed]

[P.C. 1999-1305 effective 1 September 1999 – 108.46 is repealed]

[P.C. 1997-1584 effective 30 November 1997 – 108.47 to 108.50 are repealed ]

[108.51: not allocated]

[P.C. 1997-1584 effective 30 November 1997 – 108.52 and 108.53 are repealed]

[108.54 to 108.99: not allocated]

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Date modified:: 2018-10-10

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