Redress

Crime can lead to psychological and financial consequences and you may wish to see these redressed Reparation can be material, financial or symbolic. For example, it can be a sum of money or an apology from the offender. Repair can take many forms depending on your needs. For more information, see the sections below:

Restorative justice

Justice réparatrice

Criminal justice and its institutions are not the only avenues of justice that exists to respond to a crime. Some victims of crime may have reasons for not wanting to file a complaint, while other victims who have chosen to file a complaint may feel that the criminal justice system has not met all of their needs.

Restorative justice is a restorative process that you can use as a complement to or as an alternative to the criminal justice system. It is a collaborative process that brings together those affected by a crime such as the victim, the offender and community members. Restorative justice allows people to work together to find attempt to repair the harm done.

Here are the restorative justice processes you could be involved in.

The General Adult Alternative Measures Program

The prosecutor may propose to the person charged with a criminal offence to participate in the Adult General Alternative Measures Program. Thus, the accused person's file does not follow normal judicial procedures.

Alternative measures focus on redressing the harm of victims. These measures can take different forms. In particular, if you give your permission, you could participate in mediation with the accused. You also have the right to refuse to participate in the measures, but this does not necessarily prevent the accused from participating in the program.

The right to be informed

In addition, throughout the process, you have the right to be informed of the accused person's steps with a community organization or a Centre d'aide aux victimes d'actes criminels (CAVAC).

The right to give your opinion

Finally, you have the right to express your fears and apprehensions to the Centre d'aide aux victimes d'actes criminels (CAVAC) or the community organization about the accused person's participation in the Program.

For more information on how the General Adult Alternative Measures Program works, you can visit:

The Justice Québec website
The Equijustice site that oversees alternative measures

Mediation with a teenager

When the accused is a young person, the Youth Criminal Justice Act (YCJA) applies. This law makes it possible to avoid a trial for the young person. In this context, they may receive extrajudicial sanctions.

These sanctions can promote redress for the harm caused to the victim. For example, if you give your permission, you could participate in mediation with the teen.

For more information on extrajudicial sanctions, you can consult the Éducaloi website.

To learn more about mediation with a teenager, you can visit the websites of the organizations that implement the remedies under the YCJA:

Citizen mediation in the context of crime

Citizen mediation is a service that allows people affected by a crime to engage in the management of the difficulties they are experiencing through communication and dialogue.

Thus, a victim can meet the perpetrator of the crime he suffered, or a person who witnessed this crime.

A trained mediator accompanies the people affected by the crime in their dialogue process.

For more information or to find an organization in your region that offers the citizen mediation service, you can consult:

The website of Equijustice
The website of the Association of Alternative Justice Organizations of Quebec (ASSOJAQ)

Inmate-Victim Encounters

The Rencontres détenus-victimes (RDV) bring together people involved in similar crimes, but not linked by the same events.

In this way, victims, inmates and community members can discuss their shared experiences around crimes committed and the consequences they have faced.

Trained facilitators are present to prepare and facilitate the meetings.

Meetings take place in penitentiaries and sometimes in community settings.

It is not necessary to have filed a complaint against the person who committed the crime against you to participate in the appointments.

For more information, you can consult the website of the Restorative Justice Service Centre (RSC) that offers this service.

Restorative Justice Opportunities Program

The Restorative Justice Opportunities (RJP) program allows people affected by a crime to engage with the offender who harmed them.

This program takes place in penitentiaries. Thus, to participate in the PJR program, the offender must have been convicted and sentenced to a term of imprisonment of 2 years or more.

The Correctional Service of Canada offers different models of mediation between victims and offenders. All models have in common voluntary participation at all stages of the process, thorough preparatory work and qualified and neutral mediators.

For more information on the PJR program, you can visit the Correctional Service of Canada website.

To learn more and better understand how these different restorative justice processes may apply in your situation, contact the CJVAC to make an appointment.

Financial compensation

Indemnisation financière

There are several sources of financial compensation for the consequences suffered as a result of the crime. These sources vary according to the circumstances. You must therefore submit your claim to the right source.

For more information on the sources of financial compensation for victims of crime, you can visit the Éducaloi website. To learn more and better understand how this applies in your situation, contact the HVAC to make an appointment.

For example, in certain circumstances, it is possible to be compensated by the Compensation Program for Victims of Crime (IVAC) or by your private insurance company.

The Compensation Program for Victims of Crime (IVAC)

Compensation for Victims of Crime (IVAC) is a compensation program for victims of crime in Quebec. The IVAC compensates victims and rescuers to help them in their recovery process. It is financial compensation or services provided that come from the government and not from the offender.

Eligibility criteria

You can apply to IVAC as a victim even if you have not filed a complaint or your abuser has not been identified, prosecuted or convicted of the offence. However, you will need to demonstrate that it is more likely than not that a crime has occurred.

Other eligibility criteria must also be met. This includes:

The indictable offence must have been committed in Québec and must have occurred on or after March 1, 1972.
The criminal act must have been committed against the person and not against the property.
The victim must have suffered physical or psychological harm as a result of the criminal act.
The indictable offence must be included in the list of criminal acts compensated by the IVAC (see schedule to the Act).
The claim for compensation must generally be submitted no later than 2 years after becoming aware of the harm suffered as a result of the criminal offence (or 1 year for crimes committed before May 23, 2013).

For more information on the eligibility criteria, you can consult:

The IVAC website
The Éducaloi website

IVAC's refusal of compensation

If you do not meet the eligibility criteria, your claim may be denied in whole or in part. For example, your application may be refused if:

The application was made when the statutory time limit had expired.
The offence is not one of the indictable offences set out in the schedule to the Act.
Lack of evidence of physical and psychological injury.
The victim committed gross negligence through recklessness or negligence that made the crime foreseeable. Certain activities or relationships with the criminalized environment may also be considered gross negligence.
The criminal act gives rise to the application of another law. For example, if the victim is injured as a result of a criminal act committed at work, the compensation system under the Occupational Health and Safety Act will apply.
The criminal act took place before the entry into force of the LIVAC.
The criminal act was committed outside Quebec.

For more information on the possible reasons for refusing a claim, you can visit the Éducaloi website and the IVAC website.

If you remain with questions about your eligibility for the IVAC program or in connection with the total or partial refusal of an application, you can contact the CJVAC to make an appointment.

Contesting a decision rendered by IVAC before the Tribunal administratif du Québec

Are you unhappy with the decision made by IVAC and have requested a review? Is the decision following the review still not in your favor? You have the option to contest it before the Administrative Tribunal of Quebec, the TAQ.

The Association québécoise Plaidoyer-Victimes has created a series of 5 video capsules to inform and guide you through this contestation process. They are particularly aimed at those representing themselves without a lawyer. You'll find explanations to navigate through the various steps and practical advice to prepare yourself.

You can also refer to AQPV's guide: Contesting a decision rendered by IVAC before the Tribunal administratif du Québec

Contesting at TAQ can be challenging. Don't hesitate to seek support from loved ones or consult a resource like the CJVAC to assist you through these steps.

Transitioning to a new law

As of October 13, 2021, the IVAC rules have been amended. To learn more about the changes that have come into effect, you can consult the IVAC and Justice Québec websites.

Given that we are currently transitioning to the new Act to assist and recover victims of criminal offences, making a claim for compensation could raise specific questions and be more complex than usual. Do not hesitate to contact Compensation for Victims of Crime (IVAC) directly at (514) 906-3019 (Montreal area) or 1 (800) 561-4822 (Canada). You can also ask for help at the Centre d'aide aux victimes d'actes criminels (CAVAC) in your area, or contact us.

Private insurance companies

Private insurance companies can also compensate you for property loss and damage. For example, your home insurance company can usually compensate you for the burglary of your home, or your travel insurance can usually compensate you for the theft of your luggage.

For more information, you can contact your insurance company or contact the CJVAC to make an appointment.

Offender Restitution

Dédommagement délinquant

If found guilty, the offender may be required to pay restitution. This means that a judge orders the offender to pay you an amount of money to compensate for the financial losses you have suffered as a result of the crime.

You need to be able to quantify your financial losses and have supporting evidence.

A judge is not obliged to give this sentence. In order for the judge to assess the possibility of sentencing the offender to a restitution sentence, you must complete the Declaration of Restitution form available on the Justice Québec website.

If you need help filling out the form, you can contact the Victim Support Centre (CAVAC) in your area.

To learn more and better understand how this may apply in your situation, contact the CJVAC to make an appointment.

Restitution of stolen property

Restitution biens volés

If you have reported a theft to the police and your property has been found, you have the right to repossess it. They must be given to you as soon as they are no longer needed for legal proceedings, for example to serve as evidence of theft in a trial.

Your belongings can also be photographed to facilitate proof of stolen property in court. This will allow you to resume them quickly.

Warning: If you have received compensation from your insurer and the stolen goods are found, you may have to reimburse it.