The Canadian Victims Bill of Rights builds on the numerous provisions in federal law to prevent or respond to harm done to victims. It includes rights for victims to:
- have their security and privacy considered by criminal justice personnel;
- be protected from intimidation and retaliation;
- request testimonial aids when they are required to testify in court; and
- request that their identity be protected from public disclosure.
Criminal Code amendments that accompany the Canadian Victims Bill of Rights improve the way third-party records in sexual assault cases are handled to better protect the safety and privacy of victims. Third-party records are documents or other records that have personal information about the victim or another witness, are in the possession of someone other than the prosecutor or the defence, and include information that the victim could reasonably expect to be kept private, such as medical records. For example the Court will now be required to consider the security of the victim or witness when determining whether to provide a third-party record to the accused.
The availability of testimonial aids has been broadened. For example, courts are required to consider factors such as the security and protection of the witness in determining whether to allow a victim to testify via closed-circuit television. Similarly, in the case of a self-represented accused, the court is required to consider the security of the witness and whether they require protection from intimidation or retaliation when determining whether to appoint counsel to cross-examine the witness.
An amendment to the Canada Evidence Act makes spouses compellable to testify in all cases, which reflects a consistent trend to give Crown prosecutors access to all relevant evidence.
Amendments to the Corrections and Conditional Release Act CCRA) that came into force on July 23, 2015, include provisions that require the Parole Board of Canada to impose non-contact orders and geographic restrictions on offenders under long-term supervision orders where it is deemed reasonable and necessary and where a victim has submitted a statement to the Board. If the Board does not impose such conditions, it must now provide reasons explaining why.
Other amendments to the CCRA that will come into force on a day or days to be fixed by Order in Council include:
- requiring the Parole Board of Canada to take reasonable steps to inform a victim, if the victim has submitted a statement to the Board, before non-contact orders and geographic restrictions are removed or varied; and
- allowing the Correctional Service of Canada to show a victim a current photograph of the offender prior to conditional release or warrant expiry, unless there is a risk to public safety.
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July 2015
Department of Justice Canada
