Bibliothèque des droits des victimes

Unlike other provinces, the Victims of Crime Services Act does not establish a system of compensation for victims; however, under the Income and Employment Assistance Act, victims of domestic violence are entitled to certain limited financial benefits such as “start-up allowance”, or income assistance to ensure the safety of their dependants.(section 17 and 28 (3)).

This law defines the legislative framework for protecting people from domestic violence by means of an emergency protection order, as well as the conditions under which such an order can be issued to ensure the immediate safety of victims (section 4-16). It provides a definition of domestic violence (section 3) and lays down confidentiality rules for claimants and children involved in proceedings (section 18).

The Corrections Act establishes a comprehensive framework for the administration and operation of correctional facilities and services in the province (section 14 (1) (a)). It guarantees victims and victim assistance services the right to be informed of the identity of the offender and the penal decisions or measures imposed (section 14 (2) (a)).

The Victims of Crime Services Act is Newfoundland and Labrador's primary provincial legislation designed to support victims of crime. The Act emphasizes respectful and compassionate treatment of victims. It imposes measures to ensure the safety of victims and protect them from intimidation and retaliation (section 6). It ensures that victims are informed of their rights, the services available, the progress of proceedings and their role in the criminal justice process (article 7). Legislation encourages alternative dispute resolution methods, such as mediation and conciliation, to facilitate fair restitution and the speedy resolution of cases (article 8). It recognizes the participation of victims in criminal justice (article 9). This Act does not create a civil cause of action or a right to damages (article 13), but does provide for the imposition of a surcharge on offenders, the proceeds of which are used to support victim services (articles 11-12).

The Adult Protection Act aims to provide protective intervention assistance for adults who are victims of violence. It sets out the procedure for implementing two adult protection mechanisms: protective intervention and emergency intervention (section 11- 24 ). It recognizes the right of adults who are victims of violence to information (section 25) and participation (section 20 (3).

The Domestic Violence Victims Act Regulations, established under the Domestic Violence Victims Act and the Prince Edward Island Interpretation Act, establish the legal framework for the procedure to be followed to apply for an emergency protection order, the roles and responsibilities of designated persons and peace officers, and the procedures relating to hearings, the handling of evidence, and the service of orders. The regulations describe the forms and procedures to be followed for various applications related to emergency protection orders to ensure that victims receive immediate and ongoing protection from domestic violence (section 4).

The provincial Freedom of Information and Protection of Privacy Act sets out the rules applicable to the protection of personal information about individuals. Its provisions recognize the right of victims to information. The Act provides that a victim, or a member of their family or a friend, may receive information after the conclusion of a police investigation regarding the reasons for a decision not to prosecute (section 18 (5)(a)).

The Domestic Violence Act aims to combat domestic violence and mitigate its effects by providing legal protection to victims. It provides for emergency protection measures (sections 4-7) and victim assistance orders (section 9). The Act provides definitions of the terms “victim” (section 1(q)) and “domestic violence” (section 1(e)). The Act also includes provisions to protect the confidentiality of victims' addresses and to address the effects of orders on the ownership and rental of real property (sections 11-12).

The Criminal Victims Act Regulations, as amended in November 2023, establish guidelines under the Criminal Victims Act, R.S.P.E.I. 1988, , to administer surcharges, compensation, and the designation of authorized agencies in Prince Edward Island. The regulations define key terms, set financial limits for small claims and lump sum compensation, and list the specific Criminal Code offences applicable under the Act. The regulations set a threshold for compensation for injuries et death of victims (section 6).

The Victims of Crime Act, in force since June 21, 2023, is a Prince Edward Island legislative document that defines the rights and services available to victims of crime in the province. It enshrines victims' rights, such as the right to information (section 2 (c) (d) (i)), participation (section 2 (e) (h)), protection (section 2 (f)), and compensation for harm suffered (section 2 (b) and 19). The Act provides a definition of the term “victim” (section 1 (1) i). It establishes a victim assistance fund, which supports the financial aspects of victim services and compensation (section 8).