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Backgrounder

Proclamation of the Act to amend the Criminal Code (victims of crime)

Criminal Code amendments introduced by the Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, on April 15, 1999, to strengthen the voice of victims of crime in the justice system, will come into force on December 1, 1999. They are part of the Government of Canada’s commitment to ensure that the views and concerns of victims of crime are considered at every stage in the criminal justice system, particularly in decisions that may affect their safety, security and privacy.

Preamble to the Act

The Act to amend the Criminal Code (victims of crime) begins with a preamble highlighting the need to reconcile the rights of victims and witnesses with the rights of the accused. It underscores the importance for the criminal justice system to treat victims and witnesses with courtesy, compassion and respect.

Victim Surcharge on Offenders

A victim surcharge is an additional monetary penalty imposed on offenders at the time of sentencing. It is collected by the provincial and territorial governments, and used to provide programs, services and assistance to victims of crime within their jurisdictions. The amendments coming into force on December 1, 1999, will:

  • require all offenders to pay the victim surcharge, except in exceptional cases where the offender demonstrates undue hardship;

  • set fixed amounts for the victim surcharge. In the past, the surcharge was an amount of up to 15% of a fine or, if no fine was imposed, up to $35. Under the new provisions:

  • the victim surcharge will be set at 15% of any fine imposed on the offender;

  • if no fine is imposed, offenders will pay $50 in the case of an offence punishable by summary conviction and $100 if the crime is punishable by indictment;

  • judges will have the discretion to raise the surcharge amount if they consider it appropriate in the circumstances and are satisfied that the offender is able to pay more.

Victim Impact Statements

A "victim impact statement" is a written statement prepared by a victim describing the harm and loss he or she suffered because of the crime. The judge considers the victim impact statement at the time of sentencing. The Criminal Code amendments will:

  • allow victims to read their impact statements out loud at the time of sentencing if they wish to do so. Where the victim does not wish to read the statement, the judge is still required to consider the written statement;

  • require the judge to ask, before imposing the sentence, whether the victim has been informed of the opportunity to prepare a victim impact statement;

  • authorize adjournments to give the victim time to prepare a statement or other evidence to the court about the impact of the crime;

  • require that victim impact statements be considered by courts and Review Boards in cases where the verdict is "not criminally responsible" on account of mental disorder;

  • clarify that at proceedings to determine whether an offender sentenced to life in prison should have his or her parole eligibility reduced (section 745.6 hearings), the victim may provide either oral or written information; and

  • ensure that it is always the victim’s choice whether to prepare a victim impact statement.

Consideration of the Victim’s Safety in Bail Decisions

The Standing Committee on Justice and Human Rights, victim advocates and service providers recommended putting victims’ safety first with respect to Criminal Code provisions that permit a police officer or other judicial officer to release a suspect or an accused person pending the first appearance in court. The new provisions will focus on the need to protect the victims of crime. As of December 1, 1999, Criminal Code amendments will:

  • ensure that the responsible judicial officer (police officer, justice of the peace or judge) considers the safety and security of the victim in any decision about bail for an accused;

  • where an accused is released pending trial, require the judge to consider including as a condition of bail that the accused abstain from any direct or indirect communication with the victim and any other condition necessary to ensure the safety and security of the victim; and

  • ensure that the particular concerns of the victim are considered and highlighted in decisions on the imposition of special bail conditions, including those for offences that involve firearms or criminal harassment.

Facilitating Testimony

Participating as a victim or witness in a criminal proceeding can be a traumatic experience. The trauma may be greater for young or disabled witnesses or victims, or for victims of sexual and/or violent offences. As of December 1, 1999, the Criminal Code will:

  • extend to victims of sexual or violent crime up to 18 years of age protections which restrict personal cross-examination by accused persons representing themselves by providing for the appointment of counsel to conduct the cross-examination;

  • permit a victim or witness with a mental or physical disability to have a support person present while giving testimony;

  • clarify that subsection 486(3) of the Criminal Code, which provides for a publication ban on the identity of sexual offence complainants, will protect their identity as victims of sexual offences as well as any other offences committed against them by the accused; and

  • permit a judge to restrict publication of the identity of a wider range of victims or witnesses where the victim has established a need for such a restriction and where the judge considers it necessary for the proper administration of justice.

Information About Life Sentences

The Standing Committee Report highlighted the fact that victims generally lack information about the criminal justice system. Changes to the Criminal Code respond to particular concerns expressed by provincial and territorial governments and victims organizations about the information provided to victims about life sentences. As of December 1, 1999, improvements to the Criminal Code will:

  • require a judge to state for the record and for the benefit of the victim’s survivors that an offender convicted of murder who has received a life sentence may, after serving at least 15 years of the life sentence, apply for a reduction in the number of years before he or she is eligible to apply to a court for parole; and

  • make it clear that at proceedings to determine whether an offender should have his or her parole eligibility period reduced (section 745.6 hearings), the information provided by the victim’s survivors may be oral or written, as they choose.

Non-Legislative Improvements

The Government of Canada’s strategy to strengthen the voice of victims in the criminal justice system also includes the establishment of a Policy Centre for Victims of Crime announced in December 1998. The Policy Centre, among other responsibilities, ensures that the views of victims of crime are taken into consideration in the development of all federal policies and legislation. For example, the Youth Criminal Justice Act, which was reintroduced in the House of Commons in October 1999, recognizes the important role of victims in the youth criminal justice system and the victims’ need for information.

Department of Justice
November 25, 1999

Last Updated: 2005-10-20 Back to Top Important Notices