Projets / Topics

The CVBR applies to you if you were the victim of a crime committed in Canada that caused you physical, psychological or financial harm. You must also have reported the crime to the police.

The Criminal Code defines behaviours that are considered criminal in Canada. You are the victim of a criminal act if:

• you were threatened, harassed, beaten, assaulted or subjected to any other physical or psychological harm under the Criminal Code,
  or
• you were robbed of property, were the victim of fraud or suffered any other crime against your property.

If the victim is deceased or incapable to act, who may act on his or her behalf?

The following persons may act on the victim’s behalf if the victim is deceased or unable to enforce his or her rights:

• the victim’s spouse
• the person who is in a relationship with the victim and has been living with him or her for at least one year (or had been living with the victim for at least one year at the time of death)
• the victim’s mother or father or a family member (uncle, grandmother, etc.)
• the victim’s child
• any other person for whom the victim is responsible (for example, a person with disabilities or an elderly parent)
• anyone with legal custody of the victim
• anyone who has legal custody of the victim’s child or of any other person for whom the victim is responsible (for example, the mother of a victim who has legal custody of her grandchildren).

These individuals may benefit from certain rights recognized by the CVBR depending on the circumstances and as permitted under other laws.

• While the offence is investigated or prosecuted;
• While the offender is subject to the corrections process or the conditional release process in relation to the offence;
• While the accused is, in relation to the offence, under the jurisdiction of a court or a Review Board if they are found not criminally responsible on account of mental disorder or unfit to stand trial.

Every victim has the right to request information about:

• The criminal justice system and his or her role as a victim
• The services and programs available to them
• The status and outcome of the investigation and legal procedures
• The date, time, and location of proceedings in relation to the offence
• Reviews relating to the offender’s conditional release and the timing and conditions of that release

Every victim has the right to:

• have his or her security and privacy considered by the appropriate
  authorities in the criminal justice system
• have measures taken to protect him or her from intimidation and retaliation
• Request that his or her identity be withheld from the public
• Request testimonial aids when appearing as a witness in court.

Every victim has the right to:

• present a victim impact statement and have it taken into consideration
• share his or her views on decisions that affect his or her rights.

Every victim has the right to:

• have the court consider making a restitution order against the offender to pay for his or her financial losses
• file the restitution order as a civil court judgment if the offender fails to pay.

Filing a complaint under the CVBR – Federal department or agency

Any victim has the right to file a complaint if they believe that their rights under the CVBR have been breached by a federal department or agency. Under the CVBR, these bodies have a responsibility to set up an internal complaint mechanism accessible to victims that would:

• review complaints related to the infringement or denial of any of their rights under the CVBR
• make recommendations to correct any infringement
• notify victims of the results of the review and, as applicable, the subsequent recommendations.

Conditions for filing a complaint
The person filing a complaint must correspond to the definition of a victim or be eligible to act on behalf of a victim.

Federal departments and agencies with responsibilities under the CVBR

Use the complaints mechanism put into place by the department or public agency in question. Click on the links below to learn more about their complaints mechanism. • Correctional Service of Canada • Parole Board of Canada • National Office for Victims of Public Safety Canada • Public Prosecution Service of Canada • Department of Justice Canada and Policy Centre for Victim Issues • Royal Canadian Mounted Police • Canada Border Services Agency

How to proceed if you are not satisfied with the response you receive?
If the person who filed the complaint is not satisfied with the response obtained, they may request that their complaint be reviewed by the federal department or agency that provided the response. As a final recourse, they may contact the Office of the Federal Ombudsman for Victims of Crime.

Filing a complaint under the CVBR – Provincial ministries or agencies (Québec)

Any victim who believes that their rights under the CVBR have been infringed or denied by a Québec ministry or agency may file a complaint in accordance with provincial legislation.

Conditions for filing a complaint
The person filing a complaint must correspond to the definition of a victim or be eligible to act on behalf of a victim.

If your complaint involves…

Services provided by a Québec government department or public agency

Use the complaints mechanism put into place by the department or public agency in question. Consult their website to learn more about their complaints mechanism. • Ministère de la Justice (in French only) • Ministère de la Sécurité publique • Directeur des poursuites criminelles et pénales (in French only) • Québec correctional services • Commission québécoise des libérations conditionnelles (in French only)

A police officer

If you would like to make a complaint about the behaviour of a police officer, contact the Commissaire à la déontologie policière [police ethics commissioner]. The Commissaire is independent of police services and monitors actions that violate the ethics of the profession. You may either submit your complaint online or use the printed form. Complaints must be filed no later than 1 year from the date on which the incident took place, or the date on which you became aware of it. The Commissaire’s staff can help you formulate your complaint in writing and assemble supporting evidence.

A criminal and penal prosecuting attorney

Contact the chief prosecutor of the regional office of the concerned prosecuting attorney. The chief prosecutor will examine your complaint to determine if it is well founded. He or she must reply within a reasonable period of time and take any necessary measures to improve the quality of services. If you are not satisfied with the response of the chief prosecutor, You can file a complaint with the person responsible for complaints at the Office of the Director of Criminal and Penal Prosecutions by completing the required form. The Office of the Director will examine the reasons for your dissatisfaction with the chief prosecutor’s response and must provide a clear and personalised response within 30 working days.

A judge

If your complaint concerns a judge of the Court of Québec, the Human Rights Tribunal of Québec, the Professions Tribunal or a Municipal Court, contact the Conseil de la magistrature du Québec. Click here to find out how to proceed. You may file a complaint against a judge if you believe that he or she has said or done something in violation of the judges’ rules of conduct in their code of ethics, for example, if the judge was impolite during a hearing. The Conseil de la magistrature will first determine whether your complaint should be retained. If so, it will examine the facts of your complaint. If necessary, it will appoint an inquiry committee. This committee then decides whether a sanction should be imposed, such as a reprimand or a recommendation for removal. The Conseil then informs you of its decision. If your complaint involves a judge of the Superior Court or the Court of Appeal, contact the Canadian Judicial Council. Click here to find out how to proceed. You may file a complaint against a judge if you believe that a judge has said or done something contrary to the rules of conduct for judges set out in their code of ethics. If your complaint involves a judge of the Tribunal administratif du Québec or of the Tribunal administratif du travail, contact the Conseil de la justice administrative. Click here to find out how to proceed.

 

In connection with the implementation of the Canadian Victims Bill of Rights (CVBR), the AQPV has developed information tools for victims, those close to them and the people who work with them.

• Video
• Information brochure
• Poster

*** These tools were created with funding provided by Justice Canada in cooperation with the Ministère de la Justice du Québec.