News release

Minister Says Legislation Gives Victims a Stronger Voice

Justice

New federal legislation dealing with victims of crime will give victims a stronger voice, Justice Minister Michael Baker said today.

The changes -- effective Dec. 1, 1999 -- will positively impact Nova Scotians while ensuring additional steps are taken to protect the safety and security of victims and witnesses.

"The legislation provides the victim with the recognition that has been lacking in the criminal justice system," said Mr. Baker. "It clearly recognizes victims as an important component throughout the process."

Individuals will now be able to choose whether to read their victim impact statement in court or provide a written submission. Previously, only written submissions were accepted.

The definition of a victim is also expanded to include not only the direct victim, but others who have been touched by the offence. Victims must now be asked whether they have had the opportunity to submit a Victim Impact Statement, which must be considered by the court at sentencing or the review board should the individual be found not criminally responsible.

The safety and security of the victim or witness must be considered in maintaining the accused in custody, or prior to release. As well, a peace or judicial officer may impose any release conditions deemed necessary as part of bail conditions for the safety and security of a victim or witness.

The victim surcharge, which is an additional monetary penalty imposed on offenders at the time of sentencing, will now be automatically imposed. The amounts charged will be fixed and will increase to a minimum of 15 per cent when a fine is imposed. Currently, a charge up to 15 per cent of the total fine is imposed. When no fine is imposed, offenders will pay $50 in a summary conviction offence and $100 for an indictable offence.
All offenders will be required to pay the surcharge unless undue hardship can be demonstrated. Monies from the surcharge are collected by the provincial government and are used to fund programs and services for victims. In Nova Scotia, the Regional Victims' Services Program, the Child Witness Program, the Framework for Action Against Family Violence and the PRISO Program (which provides legal representation for victims in sexual assault proceedings when private records are sought) are all funded through the surcharge.

"These measures are an important step in our commitment to place greater emphasis on the rights of victims of crime," said Mr. Baker. "I do want to thank the members of our own implementation committee who have put in place a plan to make these changes work."

The provincial implementation committee comprises representatives of the Department of Justice, the police and the Public Prosecution Service. Input was also received from Nova Scotia Legal Aid and the Nova Scotia Criminal Lawyers Association.