Victims’ Rights In Criminal Proceedings

When it comes to the criminal justice system, there are some inalienable rights, especially for those who are victims of the alleged crime committed. The Canadian Victims Bill of Rights outlines exactly what a victim should know about the proceedings relating to the crime and how they can access resources. 

It boils down to four main areas of concern, which we will cover below: 

Information on the Criminal Justice Process

First and foremost, every victim is entitled to information on the process at play. They should know their role in the proceedings, where they can access services such as restorative justice programs, and how to file a complaint for violation of any of their rights under the Canadian Victims Bill. 

Beyond this, they are also entitled to information on the overall status and outcome of a proceeding, including the right to know about the time and place of hearings and the conditional release process of the accused person. 

Protection From Physical or Emotional Harm

Making a victim impact statement comes with a lot of risk for the victim. In the Victims Bill of Rights, they are afforded reasonable and necessary measures to keep themselves safe. They should have some form of protection from retaliation when they present victim impact statements and can even request their anonymity in proceedings. 

They can also request testimonial aids if they’ll have to stand trial and appear as a witness. 

Participation in the Proceedings

One of the first things victims should know is that they have the right to express their views about any decisions made by a federal department and to have those views heard by the appropriate authorities. It is their right to make a victim impact statement for consideration.

Restitution Order for Victims

Victims of crime should know that they have the right to have the court consider making restitution to them by the criminally responsible party. Once this has been ordered by the court, they have the right to file a civil court judgment against the offender if they do not pay. This ensures that victims get the help they need and offsets the cost of their treatment, if any, for victims of crime. 

Breaches of Victims Rights

Victims have the right to notify the court if there is a breach of these essential rights available to them. They would file with the federal department relevant to their claim. From here, they have the right to know the outcome of their complaint and may require correction of any infringement of rights with the Crown or territorial governments. 

Get Help From a Criminal Lawyer

Navigating the field of the Canadian Victims Bill of Rights requires finesse and attention to detail. If you are looking for a top criminal lawyer in Winnipeg, Brodsky Amy & Gould is here to help you. We offer the services you need at a price you can afford to get the results you want. Reach out to us today to see how we can help you with your case.