I was not formally made aware of the Victims Bill of Rights by anyone (the detective, the crown, anyone from Ontario’s victim-witness assistance program). I felt engulfed by a foreign system and yet was never informed or made aware of the fact that I have rights. Legal rights outlined in the Canadian Victims Bill of Rights Act .

This Victims Bill of Rights was passed (received royal assent) on April 23, 2015 and clearly identifies rights for victims of crime in Canada. Amendments to related legislation (e.g. Canada’s Criminal Code) that were needed after the passing of the Victims Bill of Rights were completed July 23, 2015. The right to information, protection, participation and restitution are the four principle rights outlined in this bill for victims of a crime in Canada and are acknowledged in Canadian legislation that outlines criminal acts (the Criminal Code), probation and parole for people convicted of a crime and even the employment insurance act to provide restitution to a parent of a young victim of crime (who as a result is deceased or missing).

Before I get into the four rights, the broad applicability of the Victims Bill of Rights, such as the link to the Employment Insurance Act would suggest that knowledge about the existence of these rights would be imperative for a victim to be able to know about and/or access what is entitled to them. I am having a hard time understanding why no one in the system that I had encountered felt that taking the time to explain my rights to me was important.

The Four Main Rights

Please note that this is not legal advice. I am merely drawing attention to the Victims Bill of Rights and trying to draw connections on how they are useful. Because I am drawing from my own experience and research, this information may or may not be useful for you. I do hope that it is helpful in at least highlighting that if you or anyone you know is a victim of crime in Canada, you do have rights.

1. Information

This right covers information about the criminal justice process in general, information specific to the investigation and proceedings of the crime you are a victim of and information in the criminal justice system about the person who was accused of or convicted of the crime. So what does that mean?

General information is similar to what would be found in the flow chart found in my post about victim involvement in the criminal justice system. What are the steps, regardless of length of time or other factors, that everyone who is accused of a crime goes through. When are decisions about guilt made and at what points would a victim be expected to take part in the process (E.g. submit a victim impact statement or testify). General information also includes other programs and services that are available such as the criminal injuries compensation board or community legal services and how you can file a complaint if you think that any of your rights have been denied.

Information about investigations and proceedings means updates about when court appearances are and what happened during the appearance. For example, did the person accused of the crime plead guilty or was it re-scheduled for a later date (aka: adjourned)? This right also means that victims are entitled to know about the progress of an investigation (e.g., did the detective send all of their information, aka the disclosure, to the crown attorney for consideration). Essentially, in-depth knowledge about what is going on with the investigation or preparation for a hearing and the potential pathways that it could take (e.g., what happens if they plead guilty or not guilty? How long can they delay making this decision for? When are they being released on bail and what are the conditions) and how that impacts the accused or convicted person but also yourself, as the victim (e.g. what are the bail conditions? Am I protected legally if the person who assaulted me tried to make contact?).

Because there are different points of exit and entry into the criminal justice system that impact the accused or convicted person and the victim differently, asking someone in the system to explain what the options for the accused or convicted person is at the next step [insert event such as hearing, trial, release date] and how you would be impacted (what do you need to do, what should you prepare for, what resources can help you get through this if needed) is important. If you are not satisfied with the answer, ask it again. I know this is not fair to ask victims to have to do this much work but it was my experience. If I did not do the extra searching or demand answers, I often did not get them. Do your best to not let someone pressure you off the phone or whatever simply because they are busy. Answering your questions is their job. It is never your fault if you do not know something.

Keeping a record of communications and the outcomes would not hurt either. Something to refer to in the event that your memory is unable to remember everything or if you feel that your rights have been denied and you want to make a complaint, records are helpful.

Information about the person accused of or convicted of a crime against you refers to information about their release (bail, after being in jail or prison). The time that they are scheduled to be released and the conditions they are supposed to adhere to. In the event that an accused person is found to be Not Criminally Responsible, as a Victim of crime, you are entitled to know about any hearings held to decide the conditions that apply to the accused person (aka the disposition) and any changes in their status (e.g., Fit to Stand Trial, Unfit to Stand Trial).

One more thing, Victims can register with Correctional Services or the Parole Board of Canada prior to sentencing to receive additional information about a person convicted of a crime. For example, the official record of what the person was convicted of, the length of their sentence or even where they are serving their sentence.

2. Protection

The right to protection sounds great but how it actually plays out is less clear for me. For instance, the right to have my “security considered by the appropriate authorities in the criminal justice system” falls under the right to protection. For example, after the person who sexually assaulted me was arrested, the arresting officer released him with the full knowledge that his intent was to move from Ontario to Nova Scotia, the same province that I was moving to. How this officer’s decision considered my safety when I was moving to a city that I did not know anyone to an apartment that the person who sexually assaulted me knew that I was moving to, I’m not sure.

Based on the outcome of him moving to the same city (to start a Bachelors program that was non-specific) that I was moving to (to start a PhD program that I had secured funding and a supervisor for), I can say for sure that his desire to move based on his perceived needs and wants 100% trumped my need to feel safe. What made the situation worse is when I asked the detective for the reasoning behind his bail release (which I would think would fall under my right for Information), I was met with: “well it could be possible that he actually wants to move to go to school”. That was not what I asked detective – I’m not interested in what he ‘actually’ wants. I am interested in why you felt that your decision considered my right to have my safety and security considered. Did you even consider it? And if you did, was it ticking a box (security, check!) or did you actually think about it? Did you think about what it would mean for me to be in a city where not only was I separated from friends and family and support networks but I was struggling to recover from trauma and the person who cared so little for my well-being that they believed it was ok to sexually assault me knew my new address? Apologies but maybe you should do your fucking job and revisit your checklist.

Please note, everything under this ‘right’ uses wording where the victim has the right to request something or to have something considered. Request and consider does not mean that something is automatically provided to you such as a testimonial aid (e.g. a screen so that in the trial you can not see the face of the person who harmed you) or reasonable security and safety measures. In fact, in a system heavily biased by rape myths that leads to victim blaming and shaming, I am skeptical about what types of protection are authentically considered and provided.

3. Participation

Very simply, the Victims Bill of Rights states that victims have the right to share their views about upcoming decisions that may affect their right and to submit a victim impact statement. Again, victims have the right for their views and statements to be considered. Whatever that means … because I know for sure that I did not feel like my views about my safety and security when the arresting officer decided to let him move across Canada were not readily accepted, and probably not really considered.

4. Restitution

As a victim of crime, you have the right to request and have the court consider your request for restitution (financial compensation for harm) as a result of the crime. If the criminal court determined that restitution was fair but the convicted person is not following through (e.g, not paying you), the criminal court can transfer the order for restitution to a civil court for enforcement. This means that because the convicted person is not paying up, the criminal court tells the civil court to follow that person to make them pay. Each province or territory has their own Act (law) guiding the steps civil courts can take to enforce payment. A word of caution; civil courts are not very speedy at doing this and you are required to complete ongoing paperwork to nudge the system along should the person required to pay does not comply.

While not specifically outlined in the legislation, other sources of restitution may be sought through the criminal injuries compensation board (a 15 page application in Ontario and a process that, for me, has been ongoing for 11 months), or taking action through civil court yourself (instead of relying on the criminal court to do it for you).

People who are arrested are read their rights in that moment. Why was I not afforded the same level of knowledge about my rights? Informing victims that they in fact do have rights and are entitled to not just ask questions about a confusing and intimidating system but to have them answered is empowering. Staff, professionals, volunteers, support personnel and anyone else who has contact with a victim should take the 30 seconds required to inform victims of crime that they have rights and refer them to the appropriate website or person who can take the time to explain these rights to them.

Until next time …