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An Overview of Victim Services Across Canada
Over the past thirty years, all jurisdictions in Canada have made significant advances in the services for victims of crime. Beginning with small but effective programs delivered by non-governmental organizations, services for victims of crime have expanded to include services provided by the police, services provide through the court system as well as new and expanded programs provided by non-governmental organizations. Each jurisdiction has found its way and developed victim’s services unique to their provincial and territorial needs. Each province and territory, and the federal government, has instituted legislation related to victims of crime, the following overview describes the victim services available throughout Canada listed by province and territory. As each jurisdiction is unique, you will find that certain jurisdictions have developed a combination of the various types of service delivery.
Services by Type
System-based Victim Services
This type of delivery of victim services is independent from police,
courts and Crown Attorneys. System-based victim services assist the
victim throughout the victim's contact with the criminal justice
system. This may include, but is not limited to, providing information,
support and referral; short-term counselling; court preparation and
accompaniment; victim impact statements preparation; liaising with
police, courts, Crown and Corrections. This model of victim services
is found in Prince Edward Island, New Brunswick, Newfoundland and
Labrador, Nova Scotia, Manitoba and Yukon.
Police-Based Victim Services
Police-Based Victim Services are victim services that are provided
following first contact with the police. While these victim service
agencies are located in police detachments, they are not generally
employed by the police. The police may refer the victim to victim
services or advise victim services to make contact with the victim.
Many police-based victim services include a coordinator plus volunteers.
Some police forces employ victim services workers as well. Police-based
victim services may provide information, support, assistance, referral
and court orientation to victims of crime. Jurisdictions that use
police-based victim services include Nova Scotia, New Brunswick,
Ontario, Manitoba, Saskatchewan, Alberta, and British Columbia.
Court-Based Victim Services
Court-Based Victim Services are mandated to provide support for people
who have become involved in the criminal justice process as either
victims or witnesses. Court-based victim services provide information,
assistance and referrals to victims and witnesses with the goal of
trying to make the court process less intimidating. Services may
include court orientation, preparation and accompaniment to court,
updates on the progress of the case, coordinating meetings with the
Crown and assessing the ability of a child victim/witness to testify.
Some court-based victim services focus on specific clientele i.e.
children or victims of domestic violence. This type of service can
be found in Ontario, Manitoba, Saskatchewan, Alberta, British Columbia,
Yukon, and the Northwest Territories.
Community-Based Victim Services
Community-based victim services are agencies that provide direct services
to victims and receive funding either in whole or in part by the
provincial and/or federal government responsible for criminal justice
matters. Some community-based victim services agencies serve a specific
clientele such as victims of family and sexual violence, ethno-specific
and diverse communities, and assisting child victims. Services offered
may include providing emotional support, practical assistance, information,
court orientation and referrals. This delivery of service can be
found in every jurisdiction except Prince Edward Island, Nova Scotia,
Manitoba and the Yukon.
Volunteers and Non-Governmental Organizations
As mentioned above, many of the police-based and community-based victim
services utilize the services of volunteers to assist with their
programs. Volunteers can assist in many different ways including
direct contact with clients to provide assistance. Other ways may
include providing administrative help, fundraising or serving as
board members. Most organizations that use the services of volunteers
provide training in victim assistance to the volunteers.
Services by Province/Territory
Northwest Territories
Legislation
The Northwest Territories (NWT) utilizes the Victims of Crime Act to
administer Victim Services across the Territories. The Victims Assistance
Fund was established to collect victim surcharges of up to 20% of a
fine penalty or $25.00 of a non-fine penalty, and utilizes these funds
to assist victim-related projects. The Territorial government also
receives funding through grants from Justice Canada for specific projects. Funding
for ongoing community based victim services programs are provided through
general revenues.
Services
The Government of the NWT Department of Justice provides contribution
funding to ongoing, community-based victim service programs, which
then provide direct services to victims including information, support,
practical assistance, court-orientation/accompaniment and referrals.
A formalized Victim Impact Statement Program provides guidance to
victims on the completion of a Victim Impact Statement. Crown Witness
Coordinators, employed by the Public Prosecution Service of Canada,
also provide victims/witnesses with assistance throughout the court
process.
Compensation
Nil
Victim Services: www.justice.gov.nt.ca/VictimServices/index.shtml
Nunavut
Legislation
Nunavut has a Victims of Crime Act which allocates surcharges
not to exceed 20% of a fine penalty or $25.00 for a non-fine surcharge
to the Victim Assistance Fund. The Government of Nunavut has
also allocated monies for victim service workers in some regions of
Nunavut.
Services
Through the Office of the Public Prosecution Service of Canada, Crown
Witness Coordinators travel the territory to work with and maintain
contact with victims or witnesses throughout the court process.
Community-based organizations provide direct services including information, support, practical assistance, court orientation and accompaniment and referrals. These organizations receive contribution funding through the Government of Nunavut Department of Justice, Community Justice Division.
Compensation
Nil
Community Justice: http://www.justice.gov.nu.ca/i18n/english/commjust.shtm
Yukon
Legislation
The Crime Prevention and Victim Services Trust Act of 1996
provides for a collection of victim surcharges on all offences. The
Crime Prevention and Victim Services Trust Fund awards money for projects
designed to: provide services and information to support victims of
offences; help reduce the incidence of crime; address the root cause
of criminal behaviour; prevent violence against women and children;
and publicize information about crime prevention and how people can
protect themselves from becoming victims.
Services
The main office is located in Whitehorse with satellite offices in
Dawson City and Watson Lake. Victim Services of Yukon administers
the Family Violence Prevention Act and works closely with the Crown
and the RCMP to offer support to victims involved with the criminal
justice system.
Compensation
Nil
Victim Services: www.justice.gov.yk.ca/prog/cor/vs/
Alberta
Legislation
The Alberta Victims of Crime Act, proclaimed in 1997, established
the authority to collect surcharges on provincial statute offences,
defined principles respecting the treatment of victims, provideed victims
with rights to obtain information and introduced financial benefits
for victims. Under the act, surcharges on federal offences already
being collected and provincial fine surcharge revenue collected are
deposited into a fund which is used to support two primary programs:
the Financial Benefits Program; and a Grants Program.
Services
Since proclamation of the Victims Programs Assistance Act in
1991 and the Victims of Crime Act in 1997, victim assistance
programs have expanded throughout the province. With the support
of local communities, police services and Alberta Solicitor General
and Public Security, over 117 victim services units have been established
to provide information, assistance and courtroom support to victims
during the criminal justice process.
Compensation
Alberta does not provide traditional compensation. Subject to
the Victims of Crime Act the Director, through the Financial
Benefits Program, recognizes or acknowledges victims who have suffered
physical or emotional injury as a direct result of a violent crime
in Alberta. The program provides direct assistance with a one-time
financial benefit based on the severity of the victim’s injuries,
rather than awarding for losses or costs incurred. The benefit amount
is set in the regulation to the Act. The death benefit
is $12,500 per deceased victim. Injury awards range from $500 to $110,000.
Victim Services: www.solgps.alberta.ca/programs_and_services/victim_services/Pages/default.aspx
Financial Benefits Program:
www.solgps.alberta.ca/programs_and_services/victim_
services/help_for_victims/Pages/default.aspx
British Columbia
Legislation
British Columbia utilizes the Victims of Crime Act of 1996
to maintain a Victims Surcharge Special Account that holds the revenue
gained from the 15% provincial surcharge, as well as revenue gained
from federal surcharges.
British Columbia’s victims’ service programs are funded through the Ministry of Public Safety and Solicitor General’s annual budget, as well as the Victim Surcharge Special Account. Programs are eligible for funding based on a population-based formula: communities with an authorized police strength of four or more are eligible for a police-based program, and communities of 20,000 or more are eligible for a community-based program.
Services
British Columbia funds over 150 victim service programs located in
police departments and community agencies throughout the province.
These programs provide information about the justice system, practical
help, emotional support, court orientation and referrals to other
services. Police-based programs serve all types of victims and also
assist police in situations where there are multiple injuries or
deaths. Community-based programs serve victims of family and sexual
violence, and include programs for ethno-specific and diverse communities
and programs for Aboriginal peoples. The Victim Safety Unit,
operated directly by Victim Services and Crime Prevention Division,
promotes victim safety by notifying registered victims of crime and
civil restraining order protected parties about the release of offenders
from custody, seven days a week.
Compensation
The Crime Victim Assistance Program is funded through the Ministry
of Public Safety and Solicitor General’s budget, and is administered
directly by Victim Services and Crime Prevention Division.
Victims, immediate family members and certain witnesses may be eligible for benefits under the Crime Victim Assistance Act. Benefits include, but are not limited to, medical and/or dental expenses, prescription drug expenses, counselling services, repair/replacement of personal property, income support and crime scene cleaning. There is no global cap on benefits awarded per claimant although some benefits have maximum award levels and conditions that are set out in the Crime Victim Assistance (General) Regulation and the Crime Victim Assistance (Income Support and Vocational Services or Expenses Benefits) Regulation.
Victim Services: www.pssg.gov.bc.ca/victim_services/index.htm
Crime Victim Assistance Program: www.pssg.gov.bc.ca/victim_services/cva/index.htm
Manitoba
Legislation
The Government of Manitoba proclaimed the Victims’ Bill of
Rights in 2001. With this proclamation, a fund was created to
collect the 15% victim surcharge added to all provincial statute fines,
including highway traffic offences.
Services
The Manitoba Justice Victim Services Branch is part of the Criminal
Justice Division and provides a full range of services across the
province to child and domestic violence victims, and victims of the
most serious crimes. Crime Victim Services Workers (CVSW) throughout
Manitoba guide victims of crime through the complexities of the criminal
justice system by advising them of their rights and responsibilities
and offering support while the charge proceeds through the system.
The Domestic Violence Support Service offers assistance, support and information to victims of domestic violence. The program is also responsible for the coordination of the CELL Program (Cellphone, Emergency, Limited, Link-Up) which provides an added level of protection to people who are involved in high-risk relationships or are at risk of being stalked. The Domestic Violence Intervention Unit offers support to families who receive police services for domestic violence-related incidents that occur in Winnipeg, but that do not result in charges or arrests. The Child Victim Support Service deals with cases involving children, youth, and adult survivors of abuse. The Victims’ Rights Support Service provides assistance in cases involving victims of serious crimes as defined in The Victims Bill of Rights. Manitoba’s Victim/Witness Assistance Program provides support services to crime victims and those subpoenaed as Crown witnesses in court. Crime Victim Service Workers also provide assistance with Victim Impact Statements by aiding victims in submitting Victim Impact Statements to the court.
Compensation
The Compensation for Victims of Crime Program provides compensation
to victims who suffer personal injury, hardships or expenses as a
result of certain crimes. The program is also available to
specific relatives and dependents of victims of homicide in Manitoba. Compensation
may cover reasonable expenses resulting from a crime including: payment
of medical expenses, replacement of damaged clothing, dental treatment,
replacement of prescription eyeglasses, payment of therapy or counselling,
compensation for lost wages for victims who have been disabled or
for dependents of a victim who is fatally injured, support payments
for dependents, payment for rehabilitation, compensation for permanent
disability and funeral expenses.
Victim Services: www.gov.mb.ca/justice/victims/index.html
Compensation for Victims of Crime: www.gov.mb.ca/justice/victims/pdf/compensation.pdf
New Brunswick
Legislation
New Brunswick’s Victims Services Act established the Victim Services
Fund for provincial and federal victim surcharges. Provincial surcharges
are 20% on all Provincial fines, and Federal surcharges are 15% on
all fines, while if no fine is imposed, the surcharge ranges from $50.00
to $100.00. These surcharges provide financial support for Victim Services
in New Brunswick.
Services
Direct services for victims include:
- Counselling.
- Compensation for Victims of Crime.
- Court Preparation.
- Court Support.
- Victim Impact Statement Program.
Additional Follow-Up Services include:
- Sentencing De-briefing.
- Victim Notification of Release of Provincially Incarcerated Offenders.
- Victim Notification of Provincial Notification of Not Criminally Responsible Accused Information.
- Liaison with Correctional Service Canada and the National Parole Board for Victim Notification of Release of Federally Incarcerated Offenders.
Compensation
The combined total amount of compensation that can be provided to an
individual is $5,000, and there are limits on each type of benefit
that is available. New Brunswick provides a modest pain and
suffering amount in recognition of a person having been a victim
of crime. People who may be eligible for compensation include:
- A direct victim of crime.
- A parent/guardian on behalf of victim.
- A homicide victim's family member.
Victim Services: www.gnb.ca/0276/victimservices/index-e.asp
Newfoundland and Labrador
Legislation
The Victim Services Program believes in the fundamental worth and equality
of victims participating in the criminal justice process. The core
values to which the Program subscribes are legislated in the Victims
of Crime Services Act. Through this legislation a 15%
Provincial Victim Fine Surcharge is attached to violations of Provincial
Acts and Regulations (excluding parking). Through this surcharge
as well as revenue, the Victim Services Program operates to provide
direct victim services through regional offices and community level
services.
Services
Victim Services is a dedicated justice service for victims which began
in 1992. There are eleven professionally staffed regional offices
throughout the province. Services are available for any crime victim
but priorities for service include victims of violent crimes.
In October 2005, the Victim Services Program expanded to include services
to child victims and witnesses who will be testifying in criminal justice
proceedings.
Newfoundland and Labrador operate the Professional Services Program
(counselling), the Victim Impact Statement Program, the Victim Services
Assistants Program, the Victim Legal Fund, and the Victim Liaison Officers
Program. Services are offered on a voluntary basis and available free
of charge to those who feel they have been victimized regardless of
whether a complaint has been made to the police or a charge has been
laid. These services include: case and court information; court orientation;
referrals; and counselling. Victim Services also helps with awareness
and educational activities regarding the issues of victims/survivors.
Compensation
Nil
Victim Services: http://www.justice.gov.nl.ca/just/victim_services/victim_services_program.html
Nova Scotia
Legislation:
Nova Scotia’s Victims’ Rights and Services Act provided
for the establishment of the Victims’ Assistance Fund, which
is supplemented by a 15% provincial surcharge on all fines, excluding
the Young Persons Summary Proceedings Act and parking offences.
This fund is not used for direct compensation to individual victims,
but rather for services and research respecting victims of crime. The
Fund is used to finance the Child Victim Witness Program, the Provincial
Victims Services Program, as well as salaries for the Criminal Injuries
Counselling Program.
Services:
The Policing and Victim Services Division of the Department of Justice
oversees Victim Services. Victim Services operates the Criminal Injuries
Counselling Program, the Provincial Victims’ Services Program,
the Child Victim Witness Program and the Victim Impact Statement
Program province-wide. Services are delivered through regional
offices, and include: general and case specific information; case
tracking and updates; court orientation; advocacy and liaison with
Police, Prosecution Services, Courts and Corrections; and assistance
with criminal injuries compensation and victim impact statements.
While some services may require the victim to contact and file a
report with the police, all are free of charge and available to all
victims of crime in Nova Scotia. All offices have toll-free numbers.
Compensation:
The Victims’ Services Head Office, Policing and Victim Services
Division, Department of Justice administers the program which offers
compensation for counselling to mitigate trauma resulting from personal
violence offence. Counselling is offered to either the injured individual
or his/her family members.
Victim Services: www.gov.ns.ca/just/victim_services/default.asp
Criminal Injuries Compensation: www.gov.ns.ca/just/victim_services/forms.asp
Ontario
Legislation:
The Ontario Victims’ Bill of Rights, proclaimed in
1996, sets out principles for the treatment of victims and provides
for the maintenance of the Victims’ Justice Fund. The Fund collects
victim surcharges and uses those monies to assist victims by supporting
programs or making grants to community agencies. The surcharge is calculated
on a graduated scale according to the amount of the fine.
Services:
Ontario supports a number of programs including:
- The Victim/Witness Assistance Program (V/WAP), which provides comprehensive court-based support services to the most vulnerable victims and witnesses of crimes of violence.
- Sexual Assault/Rape Crisis Centres, which provide a broad range of services to adult female victims of sexual violence and survivors of sexual abuse.
- Victims’ Crisis Assistance and Referral Services (VCARS), which are community-based agencies to provide immediate help to victims of crime or disaster upon referral from police, other emergency services or self-referral by the victim.
- The Victim Support Line -- A toll-free information line that provides information and referrals, a victim notification system, (pre-recorded) information about the criminal justice system, and a Victim Liaison Unit.
- Partner Assault Response programs, which are educational/counselling group intervention programs for offenders who have abused their partner. These programs include a victim safety component which entails outreach and follow-up with the victims to ensure they remain safe while their current or former partner is participating in the program.
- Child Witness Support Projects, which are specialized court preparation services and advocacy for children.
- SupportLink, which provides safety planning and cell phones to victims at risk of assault, domestic violence, and/or criminal harassment (stalking).
Compensation:
The Criminal Injuries Compensation Board administers the fund for compensable
expenses including medical, dental and counselling expenses, wage
loss, pain and suffering and support of a child born as a result
of a rape. Lump sum or periodic awards or a combination or both can
be awarded to victims or their families up to $25,000 lump sum per
incident for one victim or up to $1,000 per month periodic award
for all claimants.
Victim Services: www.attorneygeneral.jus.gov.on.ca/english/about/vw/
Criminal Injuries Compensation Board: www.cicb.gov.on.ca/en/index.htm
Prince Edward Island
Legislation:
The Victims of Crime Act was proclaimed September 30, 1989
and amended effective August 7, 1989. The Province of Prince Edward
Island collects a Victim Surcharge which is placed in a Victim Assistance
Fund in order to help fund Victim Services and Criminal Injury Compensation.
The Fund is supplemented by general revenues and federal victim surcharges.
Services:
Victim Services assists victims of crime throughout their involvement
in the criminal justice system. Where a victim is incapacitated or
has died as a result of the crime, family member may benefit from
available services.
Victim Services of Prince Edward Island offer the following services:
information about the status of cases and the criminal justice system,
short term counselling and emotional support, court preparation, help
in preparing a victim impact statement, referrals to other services,
assistance under the Victims of Family Violence Act, financial information,
and/or the coordination of services.
Compensation
Victims Services staff investigate claims for benefits up to a maximum
of $15,000 for one victim. Compensable expenses include costs incurred
as a result of a personal injury or death including wages or salary
lost because of injury, medical or dental costs, pain and suffering,
reasonable funeral expenses, and counselling costs.
Victim Services: www.gov.pe.ca/infopei/index.php3?number=1000822&lang=E
Criminal Injuries Compensation: www.gov.pe.ca/infopei/index.php3?number=1000941
Quebec
Legislation:
Quebec’s Act Respecting Assistance for Victims of Crime sets
out various measures to meet the needs and concerns of victims of crime.
This act sets out, for one, the use of surcharges to fund victims of
crime assistance programs province-wide.
Services:
The crime victims’ assistance office (BAVAC), set up at the ministère
de la Justice, has the mandate to support victims rights, and to ensure
the development of victim assistance programs, the creation and distribution
of information and awareness-raising programs and training on the rights
and needs of victims and the services that are available to them. It
is also responsible for implementing and maintaining the crime victims’ assistance
centres (CAVAC), which are community organizations funded by Quebec.
CAVAC offer all victims of crime, their loved ones and dependents free
services throughout the province. They provide basic information on
the legal process and victims' rights and remedies, including those
involving compensation. They offer post-trauma intervention and psycho-socio-legal
services and can support victims and their families throughout the
legal process.
The province of Quebec also funds Assistance centres for victims of
sexual assault (CALACs), shelters for victims of domestic violence,
a domestic violence hotline (S.O.S. Violence Conjugale), and a variety
of other resources.
Compensation:
In Quebec, anyone injured due to the commission of a crime against
the person can claim compensation and services under the Compensation
for Victims of Crime Act. The Commission de la santé et
la securité du travail (CSST) is responsible for the application
of this Act. Others who may claim compensation are: persons
injured while assisting a peace officer, while arresting or attempting
to arrest an offender, or while preventing or attempting to prevent
a crime. Should the victim die, their dependents or their parents
if a minor, may receive compensation. Funeral expenses are covered
to $3,000. The victim may receive compensation during the period
they are unable to work or carry out their usual activities. Medical
assistance fees, such as pharmaceutical and dental expenses, and
travel fees are compensable. Social and professional reintegration
fees including psychotherapy, moving, home care or training could
be covered. If there are permanent consequences, compensation shall
be proportional to the rate of physical or psychological disability.
Victim Services: www.justice.gouv.qc.ca/english/publications/generale/rec-ress-a.htm
Crime Victims Compensation: www.ivac.qc.ca/EN_acts.asp
Saskatchewan
Legislation
Saskatchewan’s Victims of Crime Act provides for the
existence of the Victims Fund, which collects federal and provincial
surcharges. The Victims Fund provides funding for the majority of victim
services in Saskatchewan.
Services
Saskatchewan has established a network of police-based Victim Services
Programs, which serve approximately 83% of the population. These
programs provide information, support and assistance to victims of
crime and traumatic events, and they include specialized Aboriginal
Resource Officers and programs funded primarily for victims of domestic
violence and sexual assault.
Saskatchewan also provides Victim Witness programs through crown prosecutor
offices, Victims Compensation Program and the Restitution Program. Support
is also provided for several specialized victim services programs,
as well as research and education. There are also a wide variety of
Aboriginal initiatives focused on family violence, victims’ initiatives
in northern communities, and Urban Aboriginal Crime Prevention.
Compensation
A victim of a criminal act, a victim injured or killed as a result
of assisting a peace officer and victim dependants may receive up
to $25,000 maximum award. Compensable expenses include medical, dental,
optometry and chiropractic expenses, prescriptions, wages or salary
lost, funeral expenses, ambulance costs and counselling.
Victim Services: www.justice.gov.sk.ca/victimsservices
Compensation:
http://www.justice.gov.sk.ca/VS-Compensation
Federal Services
Policy Centre for Victim Issues - Department of Justice
The Policy Centre for Victim Issues develops policy and laws and works
to ensure victim perspectives are continually reflected in policies
and legislation. PCVI also raises awareness among victims of their
role in the criminal justice system and increases awareness about
the needs of victims of crime in Canada.
Services
The Policy Centre for Victim Issues administers the Victims Fund, which
provides direct, limited, emergency financial assistance to:
- Individual victims of crime in exceptional circumstances for emergency situations of undue hardship where no other source of financial assistance is available.
- A victim or family of a victim to attend a National Parole Board hearing.
- Family members of victims of homicide who incur expenses to attend Criminal Code section 745.6 early parole eligibility hearings.
- Canadians victimized abroad, or their family members, to return to Canada or to travel to attend court proceedings in the country where the crime occurred.
National Parole Board
The National Parole Board has a team of Communications Officers in
each region to provide information and services to victims. Registered
Victims can obtain a copy of NPD desiciosn, present victim impact
statements at NPB hearings and attend hearings as observers. Communications
Officers are also available to attend NPB hearings with victims.
Correctional Service of Canada
The Correctional Service of Canada, through the Victim Services Program,
has dedicated regional Victim Services Managers and Victim Services
Officers who are responsible for managing information and services
to victims of offenders under federal jurisdiction.
CSC also offers victim-offender mediation. The mediation process is entirely voluntary and more information can be obtained by calling (613)-947-7309.
Federal Ombudsman for Victims of Crime
On April 23, 2007, Steve Sullivan was named the first ever Federal
Ombudsman for Victims of Crime. The Office of the Federal Ombudsman
for Victims of Crime focuses exclusively to matters within federal
responsibility and is mandated to:
- Facilitate access of victims to existing federal programs and services by providing them with information and referrals.
- Address complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of offenders under federal supervision and providing an independent resource for those victims.
- Enhance awareness among criminal justice personnel and policy makers of the needs and concerns of victims and the applicable laws that benefit victims of crime, including to promote the principles set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime.
- Identify emerging issues and exploring systemic issues that impact negatively on victims of crime.