Bibliothèque des droits des victimes

The Civil Forfeiture Act establishes the legal framework for seizing and confiscating property or proceeds derived from illegal activities, even without a criminal conviction. Property seized under this Act is placed in a Civil Forfeiture Fund, the proceeds of which are used to support community programs and fund victim assistance services.

The Domestic Violence Intervention Act is an extraordinary piece of legislation in that it creates an emergency protection order (EPO) mechanism without procedural requirements for victims of domestic violence. It protects the safety and property of individuals and ensures the confidentiality of information about the identity of victims (Section 7 (1); 8 (1)( 2); 13). This law provides a definition of the concept of victim of domestic violence (section 2 (g)).

Adopted on October 18, 2004, this provincial law aims to protect victims of occupational or accidental exposure to certain infectious agents such as HIV, hepatitis B, and hepatitis C by allowing exposed individuals to request a court order for testing from the third party responsible for the exposure. The law includes provisions to protect the privacy and personal medical information of both the exposed person and the person being tested. Any disclosure or transmission of sensitive information must comply with strict conditions (Section 18).

The Youth Justice Act enshrines the application of the principles of the YCJA at the provincial level, including accountability through proportionate sentences and the priority use of community measures. Its provisions recognize the right to information (section 12) and to protection (section 30 (1) (b)) for victims of youth offenders.

The Correctional Services Act is a provincial law in Nova Scotia that governs correctional facilities, parole, and the reintegration of inmates. However, its provisions include the right to information for victims of crime (section 91).

The Victims' Rights and Services Act, S.N.S. 1989, c.14 is a Nova Scotia law that describes the rights and services available to victims of crime in the province, including the right to participation (section 3 (2), the right to information (section 3 (2)(a)(b), the right to protection (section 3 (2) (c), and the right to restitution (section 11 A). It includes a definition of the term “victim.” (section 2 (e). This law created also a Victim's Assistance Fund (section 6) with a mandate to financially support victim services ans research into victim issues, as well as to distribute information about victim services and issues (section 9).

The Criminal Assets Confiscation Act aims to provide civil remedies to prevent persons involved in illegal activities from retaining the assets acquired and to deter the use of such assets for illegal purposes. Part 5 of the Act establishes the Criminal Property Confiscation Fund and describes the processes for compensating victims of illegal activity, funding community safety programs, and supporting victim support services.

The Restorative Justice Act, passed by the Manitoba Legislative Assembly, aims to provide alternatives to the traditional criminal justice process, particularly in cases where offenders and victims can benefit from resolutions that promote public safety, healing, and rehabilitation. The Act defines “restorative justice” and describes the circumstances in which restorative justice programs may be used, either before or after charges are laid (section 2). It also makes it mandatory to develop policies regarding the use of restorative justice programs and specifies the types of programs that may be authorized under Canadian criminal law.

La Loi sur la violence familiale et le harcèlement criminel, adoptée par l'Assemblée législative du Manitoba, traite des questions liées à la violence familiale et au harcèlement criminel. Elle définit les termes clés, décrit les procédures à suivre pour obtenir des ordonnances de protection (section 6 (1) et de prévention afin de protéger les victimes (section 14 (1), et précise les rôles des juges de paix désignés et de la Cour du Banc du Roi.

The Child Sexual Exploitation and Human Trafficking Act is a specialized law that provides legal tools to protect these vulnerable victims. Part 2 of the Act establishes a framework for protection orders, allowing justices of the peace to make orders to protect people from exploitation and trafficking. (section 2 & 6-7)