Bibliothèque des droits des victimes

The Victims Services Act is the main provincial law for victims. It includes ambitious principles regarding the treatment and protection of victims of crime(section 2-5), limited rights to information for victims (section 6,7,8 et 11), and a modest compensation (section 22) and funding system for victim services (section 14).

The New Brunswick Family Services Act, enacted in 1983 and repealed in 2023, aimed to provide a comprehensive framework for the delivery of social services in the province. It recognized the rights of seniors, persons with disabilities, and dependent persons to protection and opportunities for personal development through social services. It provides for investigative and intervention measures in cases of neglect or abuse of adults, including protective measures and applications to the courts(section 37.1 (2) and section 39.c (1).

The Seized and Confiscated Property Management Act establishes a framework for the management, administration, and disposal of seized or confiscated property; it grants the Attorney General broad powers to administer such property. The Criminal Proceeds Trust Fund is established under the Act to receive the proceeds from the sale of confiscated property, as well as fines collected. The funds may be used for crime prevention, victim compensation(section 7 (1) (b); section 10), and the administration of criminal justice..

The Criminal Injuries Compensation Regulations under the New Brunswick Victims Services Act establish a framework for providing financial compensation to victims of crime. The regulations define key terms such as “claimant,” “child,” “eligible expenses,” “harm,” “offense,” and “victim of a criminal act” to clarify eligibility requirements and application procedures (section 2).The regulations give victims, or their representatives, the right to apply for compensation within a specified time after the offence (section 3).

The New Brunswick Freedom of Information and Protection of Privacy Act establishes a framework for access to public documents and the protection of personal information. It aims to guarantee individuals, including victims, the right to access documents held by public bodies, subject to certain exceptions, and to protect personal information from unauthorized use or disclosure (section 2, 3). The Act describes the procedures for requesting access to documents, the obligations of public bodies to assist applicants, and the time limits for responding to requests.

Distribution of Civil Forfeiture Funds Regulations (N.S.Reg.196/2011), adopted in support of Nova Scotia's Civil Forfeiture Act, set out the terms and conditions for the distribution of funds derived from the sale of forfeited property. This Act identifies victims eligible under the Victims' Rights and Services Act to receive priority for assitance and compensation (section 2 (2) and 3).

Intimate Images and Cyber Protection Act (S.N.S. 2017, c. 7) of Nova Scotia, in force since July 5, 2018, provides civil procedure rules to prevent and respond to the non-consensual distribution of intimate images and cyberstalking. The Act provides protections for victims (section 5 (1) , 6 and 8 (1) ) and recognizes their right to obtain financial compensation without proof of harm.(section 11)

Domestic Violence Intervention Regulations (N.S. Reg. 75/2003), adopted under the authority of the Domestic Violence Intervention Act (S.N.S. 2001, c. 29), which govern the procedural rules for granting emergency protection orders for victims of domestic violence (section 4 (1)(2)).

The Criminal Injuries Compensation Regulations (N.S. Reg. 24/94) of Nova Scotia, made under the Victims’ Rights and Services Act (S.N.S. 1989, c. 14) sets out the legal framework for financial compensation claims by victims of traumatic violent crimes, the procedures, documents, and compensation thresholds for counseling (section 5-5A). Victims are entitled to protection during hearings held for this purpose (section 8 (b)).

Criminal Notoriety Act aims to prevent anyone convicted or charged with a serious crime from profiting financially from the notoriety associated with that crime. It includes provisions for transferring funds received to a Victims Assistance Fund (section 16. c);