Bibliothèque des droits des victimes

The Family Abuse Intervention Act is an innovative piece of legislation unique to Nunavut, designed to help victims of domestic violence and stalking. The Act recognizes a set of principles in its preamble dedicated to respecting Nunavummiut and protecting their rights against family abuse. It provides protection measures that may be requested by the victim stalking (section 5 and 6). The act also contains provisions respecting the protection of confidential information (section 34). In particular, it provides for a civil sction for compensation resulting from harassment (section 24)

The Northwest Territories Protection Against Family Violence Act is designed to provide legal mechanisms to protect individuals from family violence. It defines family violence broadly (section 1) and authorizes the issuance of emergency protection orders and protection orders to protect victims and their property from immediate harm (sections 4 and 7). It includes measures to ensure the confidentiality of applicants, exclude members of the public from hearings and institute publication bans (section 3).

The Northwest Territories Juvenile Justice Act, passed in 2003 and amended several times, establishes a legal framework for dealing with offences committed by persons aged 12 to 17. The Act focuses on the rights and freedoms of young people, in line with the Canadian Charter of Rights and Freedoms, and aims to provide special safeguards for these rights. It outlines procedures for dealing with young offenders, emphasizing rehabilitation, accountability and the protection of public safety. Under this law, victims can request certain information about the identity of the young person and about all aspects of the procedure (section 8(c); 13; 68 (1)(d) and 64-66). It contains the explicit aim of strengthening the privacy of certain victims participating in hearings (section 62 (1)). Through this process, victims are invited to present their concerns (section 21(2)(ii)).

The Access to Information and Protection of Privacy Act (SNWT 1994, c.20) is a legislative framework designed to enhance transparency and accountability of public bodies in the Northwest Territories while safeguarding personal privacy. The Act supports the disclosure of information relating to decisions not to prosecute, following the completion of an investigation. Under this legislation, persons who knows of and have a significant interest in an investigation, « including a victim or a relative or friend of a victim », shall not be refused information about the reason not to prosecute (Section 20 (5)).

The Victims of Crime Act establishes a framework for supporting victims of crime in Nunavut. It defines key terms, including an expanded definition of “victim” (section 1), and creates mechanisms to promote victim services and assistance. The Act creates the Victims Assistance Committee and the Victims Assistance Fund to oversee and fund initiatives to address the needs and concerns of victims. The law emphasizes victims' rights, such as access to information on legal and social services (section 5 (d) (c)) , the application of protective measures (section 5 (f)), and the right to participate in the judicial process (section 5(e)). Direct financial compensation for individual victims is explicitly excluded (section 5 - 17).

The Crime Prevention and Victim Services Trust Act establishes the Yukon Crime Prevention and Victim Services Trust to fund initiatives to reduce crime, address its root causes and support victims of crime. The Act describes the Trust's funding sources, its objectives and the governance structure responsible for its management (section 2-5).The law specifies that funds from the fund must be used for crime prevention services, programs to combat gender-based violence, public education on crime prevention and services for victims, including those promoting rights under the Victims' Bill of Rights. However, the fund cannot be used to compensate victims directly (article 4).There may be opportunities for certian victims to obtain some financial redress emergency needs that they have related to their victimization, and som vicitms may be able to claim eligible expenses through the Corrections Revolving Fund.

The Youth Offences Act establishes a legal framework for dealing with offences committed by persons between the ages of 12 and 17 in the Yukon. It aims to balance the responsibility of young offenders with their particular developmental needs, emphasizing rehabilitation, counselling and reintegration into society. The Act also ensures that young people's rights, as set out in the Canadian Charter of Rights and Freedoms, are respected throughout the judicial process (sections 1 and 2). However, the law recognizes the protection of the victim during the proceedings. It gives the youth court the power to exclude any person from the proceedings if his or her presence is unnecessary and would be seriously prejudicial to the victim(section 34 (1) (a) (iii).

The Family Violence Prevention Act aims to address the serious problem of family violence in the Yukon by providing victims with accessible and effective legal remedies. It recognizes the difficulties faced by victims, such as being forced to leave their homes, and seeks to ensure their immediate protection through emergency orders and victim assistance. Emergency intervention orders include provisions such as exclusive occupation of a residence, removal of the defendant and restrictions on communication (section 4). Victim assistance orders offer additional remedies, including compensation for losses and temporary possession of personal property (section 7). This Act adds a definition of “victim” to its provisions (section 1).

The Victims' Rights Regulation, enacted under the Victims of Crime Act, establishes a legal framework to ensure that victims of crime in the Yukon have the right to information throughout the justice process. The regulations detail the specific information that must be made available to victims by service providers, including law enforcement agencies, prosecuting authorities, the Director of Victim Services, the Director of Court Services, the Director of Corrections, the Director of Juvenile Justice and the Review Board Administrator (section 2-9). The Victims' Rights Regulation states that when a victim's views are expressed, they must be treated as a relevant consideration by the decision-maker. It expresses the right of victims to participate in the criminal and restorative justice process (section 13 (b)).

The Victims of Crime Act creates Vicitms' bille of Rights which establishes a legislative framework to recognize and protect the rights of victims of crime in the Yukon. It provides a definition of “victim” (section 1) and sets out the fundamental rights of victims, including the right to be treated with courtesy, compassion and respect, the right to protection (section 3) and the right to participate in the justice process without additional suffering (section 5 and 7). It guarantees victims access to information about the justice system, their role within it, and the progress of investigations and proceedings (section 4) . It also guarantees the restitution of victims' property and provides mechanisms for victims to voice their concerns about violations of their rights (articles 6). The law maintains the office of the Director of Victim Services, which is responsible for coordinating victim services, promoting research and advising on policies relating to victims (section 10-13) .