Some provinces have legislation concerning victims’ rights. Check the provincial legislation or ask the personnel at the victim/witness assistance office about your rights.
The following are examples of victims’ rights in the province of Manitoba.
The police and the Crown are required to inform victims of their rights.
Victims have the right to receive information about the legal process.
Victims are to be told the dates, locations and outcomes of all key court proceedings such as the preliminary hearing, trial and sentencing hearing. The Crown is required to consult with victims before bail proceedings, plea bargaining and sentencing and to inform them of all decisions if victims request it.
Note: It is important to remember that while this legislation provides victims with a voice and the right to give an opinion, this is not the same thing as a final decision.
Victims have the right to a separate waiting area at court.
Victims have the right to file a Victim Impact Statement.
Government-funded counselling is available to family survivors of homicide. (However, there are various factors that may stop families from being able to access these supports. Speak with Victim Services to understand more.)
Victims are to be granted time off work, without pay, to attend the trial for the purpose of testifying, presenting a Victim Impact Statement or observing the sentencing. A request must be made in writing.
Ask about victims’ rights in your particular province or territory. Even if there is legislation about victims’ rights, it is important to remember that the Crown attorney still represents the State or the Queen and not the victim. The Crown attorney is not your personal lawyer. He or she does not represent you.
Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.