Your rights

Under this Act, you are entitled to…

Information

You have the right, on request, to information about:

• the criminal justice system and your role as a victim;
• the services and programs available to you;
• the status and outcome of the police investigation;
• the location of proceedings in relation to the offence, when they will take place and their progress and outcome;
• reviews under the Corrections and Conditional Release Act relating to the offender’s conditional release and the timing and conditions of that release;
• hearings held for the purpose of making dispositions in relation to the accused, if the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and the dispositions made at those hearings;
• your right to file a complaint for an infringement or denial of any of your rights under this Bill.

Protection

• You have the right to have your security and privacy  considered by justice system stakeholders.
• You have the right to have measures taken by justice system stakeholders to protect you from intimidation and retaliation.
• Every victim has the right to request that their identity be protected if they are a complainant to the offence or a witness in proceedings relating to the offence. Note that in the youth justice system, the identity of victims and witnesses under 18 is protected.
• When appearing as a witness, you have the right to ask for testimonial aids.

Participation

• You have the right to give your opinion on decisions in the criminal justice system that concern rights guaranteed by the Victims Bill of Rights. Your opinion must be taken into consideration.
• You have the right to present a victim impact statement to the appropriate authorities of the justice system (judge, administrative judges of the Review Board for Mental Disorder, and commissioners of the Parole Board of Canada). This statement must be taken into consideration.

Restitution

• The judge should consider making a restitution order against the offender.
• If a restitution order is made, you have the right, if restitution has not been paid, to have the order registered as a civil court judgment that is enforceable against the offender.

Learn more about the Canadian Victims Bill of Rights.

Under this law, you are entitled to…

Information

• Upon request, you can obtain a copy of the accused’s release order during the proceedings. Likewise, after sentencing, you may also obtain a copy of the probation or conditional sentence order.
• In some situations, the criminal and penal prosecuting attorney must inform you of the conclusion of an agrrement with the accused (plea bargaining) before the judge accepts the guilty plea of the accused.

Protection

• The judge must consider your safety in deciding whether or not to release the offender during court proceedings.
• The judge who sentences an offender to probation or a conditional sentence order must impose conditions to ensure your protection.
• You have the right to request assistance from the court to facilitate their testimony, such as testifying behind a screen or in another room, or not to be crossexamined by the accused person. You also have the right to ask for other protection measures, such as an order for the exclusion of the public from the courtroom during the hearing.

Be heard

• You have the right to draft and file a victim impact statement to the court. This statement may also be presented at the sentencing hearing or before the Review Board for Mental Disorder.

Restitution

• Before sentencing, the judge must consider the possibility of ordering the offender to financially compensate you for incurred damages or losses. He or she must ask the criminal and penal prosecuting attorney if reasonable measures were taken to enable you to express your desire for restitution.
• If a restitution order is made, you have the right, if restitution has not been paid, to have the order registered as a civil court judgment that is enforceable against the offender.
• If you claim restitution and the judge does not make the order, he or she must give the reasons, which will be filed in the court record.

Under this law, you have the right to…

Be respected

• You have the right to be treated with courtesy, compassion and respect for your dignity and privacy.

Be informed

• You have the right to be informed about the application of the extrajudicial sanctions program and, on request, of the identity of the young offender and the type of extrajudicial sanction imposed on him or her.
• You have the right to consult the youth’s record at the court.

Participate and be heard

• If you wish to do so, you have the right to participate in the handling of the case and to be heard in the context of the extrajudicial sanctions program and court proceedings.
• You have the right to draft and file a victim impact statement with the court. This statement may be presented in writing, read aloud during the sentencing hearing, or presented in another manner, for example by means of a video or audio recording.

Endure the minimum degree of inconvenience

• You have the right to endure the minimum possible degree of inconvenience resulting from your involvement in the justice system.

Obtain redress

• You do not have the right to redress, but the law encourages, as much as possible, the repair of the harm you suffered.

The Act to assist persons who are victims of criminal offences and to facilitate their recovery came into force on October 13, 2021.

As of that date, victims of crime and their families will benefit from the provisions of the new regime.

For the main changes brought about this new law, click here

Please note that victims who have suffered a crime BEFORE October 13, 2021 will continue to benefit from the provisions of the Crime Victims Compensation Act passed in 1972.

This Act was repealed on October 13, 2021 with the coming into force of the Act to assist persons who are victims of criminal offences and to facilitate their recovery.

Under this law, children and their parents (or the person acting in this capacity) have the right to…

Be consulted

• The child and the parents have the right to be consulted at each step of the intervention process and in seeking solutions.

Be informed

• The child and the parents have the right to obtain a description of the protection and rehabilitation measures put forward in the intervention plan, as well as of each of the planned steps to end this intervention.

Be heard

• The child and the parents have the right to express their views at all stages of the intervention, during a preparatory telephone conference, an amicable dispute resolution conference or during their presence at court.

The services of a lawyer

• The child and the parents each have the right to consult a lawyer and be assisted and represented by him or her.

Refusal

• The child and the parents have the right to refuse certain decisions of the Director of Youth Protection (DYP). In this case, the matter may be referred to the court.

Adequate services

• The child and the parents have the right to adequate health and social services. The child also has the right to adequate educational services.

Guidance

• The child and the parents have the right to guidance and assistance from a person of their choice when they wish to obtain information or meet with the DYP.

Acess the child’s record

• The child (if 14 or over) and the parents may consult the child’s record, except in specific cases.

Under the Charter, you have the right to…

Interpreter Services

• When testifying in court, if you do not understand or speak the language being used for the proceedings, you have the right to free interpretation or sign language interpretation services.

Under this law, you have the right to…

Terminate your lease

• As a tenant, you have the right to ask for the termination of your lease if your security or that of your child is threatened due to the violence of your partner, former partner, or due to a sexual assault committed by a loved one or other party.

Under this Act, you have the right to…

Leave work to appear as a witness

• When a witness receives a “summons to appear in court,” they have the right to miss work in order to testify. The law forbids an employer to suspend or transfer an employee, to practice discrimination or take reprisals against him or her or to impose any other sanction because he or she was called as a witness. However, employers are not required to pay employees during that time.

Under this law, you have the right to…

Absence from work for reasons of domestic violence or sexual violence

• You may be absent from work for a period of not more than 26 weeks over a period of 12 months if you have been the victim of domestic violence or sexual violence.
• If you have completed three months of continuous service, you are entitled to two days of paid absence during a single year for reasons of domestic violence or sexual violence.

Unpaid leave

• You have the right to an unpaid leave from work of up to 104 weeks if you meet the following criteria:
  • You are an employee covered by the Act and have worked for your employer without interruption for at least three months;
  • You are the victim of a crime that resulted in serious psychological or physical harm;
  • As a result of such harm, you are unable to occupy your regular position of employment.
• You have the right to an unpaid leave from work if you are an employee covered by the Act, you have worked for your employer without interruption for at least three months and one of the following has occurred:
  • Your minor child disappeared under circumstances resulting from the consequences of a crime. In this situation, the leave is of a maximum of 104 weeks;
  • You must stay with your child who suffered serious bodily injury resulting from a criminal offence that rendered the child unable to carry on regular activities. In this case, the leave is of a maximum of 104 weeks;
  • Your spouse or child died as a result of a criminal offence. In this case, the leave is of a maximum of 104 weeks.

Under this Act, you have the right to…

Unpaid leave

• You have the right to unpaid leave for up to 52 weeks if you are an employee covered by the Code, if you have completed at least six consecutive months of continuous employment and your child has disappeared.
• You have the right to unpaid leave for up to 104 weeks if you are an employee covered by the Code, if you have completed at least six consecutive months of continuous employment and your child died as a result of a crime.

Under this law, you have the right to…

Information

• You are entitled, on request, to obtain certain information concerning the inmate’s release. In certain cases (domestic violence, sexual assault, or pedophilia), the Commission québécoise des libérations conditionnelles must make every effort to provide this information to the victim or to the person who is acting on the victim’s behalf.

Be heard

• You have the opportunity to submit written representations to the Québec correctional services prior to a decision to grant, or to refuse, an inmate a temporary leave. The same applies to the Commission québécoise des libérations conditionnelles with respect to a temporary absence or parole.
• In your written representations, you may express your safety concerns to the Québec correctional services and to the Commission québécoise des libérations conditionnelles and they will be taken into account in assessing the risk represented by the inmate.

Under this law, and subject to certain restrictions, you must register with the Correctional Service of Canada (CSC) or the Parole Board of Canada (PBC) to have the opportunity to…

Be informed

Upon request, you have the opportunity to…

• obtain certain information about the offender who harmed you, such as the conditions of the offender’s detention and release;
• obtain information about certain CSC decisions;
• obtain information and a copy of PBC decisions;
• appoint a representative to receive information on your behalf;
• listen to the audio recording of the parole hearing if you were unable to attend;
• receive information about victim/offender mediation services provided by the CSC.

Be heard and participate

You have the opportunity to…

• attend parole hearings as an observer;
• present a victim impact statement during the PBC hearings;
• express your concerns to the CSC and the PBC regarding the release of the offender, in the form of a statement.

The PBC must take reasonable steps to consult the person responsible prior to removing or changing certain conditions of the offender’s release.

Be protected

• On your request, the PBC may, if it is reasonable and necessary, impose conditions on the offender’s release to protect you, such as a ban on communicating with you, or geographical restrictions. Such conditions may also be imposed by the CSC when the offender is granted an unescorted temporary absence. If the PBC or the CSC decide against imposing such conditions, they must justify their decision.

Victims experience many repercussions following a criminal act—a fact of which the governments of Quebec and Canada have become increasingly aware over the past 30 years. They have also become more sensitive to the imbalance between the rights of offenders and those of their victims, which have been historically less entrenched. Our governments have therefore adopted legislation, declarations and a bill of rights to ensure the fair and equitable treatment of the victims of criminal acts.