Legislation

For more information regarding Victims of Crime please visit the Solicitor General website.

Victims of Crime Act

In 1997, the Alberta Government proclaimed the Victims of Crime Act. This act replaced the Criminal Injuries Compensation and Victims Programs Assistance Acts, consolidating assistance and other services to victims under one legislation. It established the authority to collect surcharges on provincial statute offenses, defined principles respecting the treatment of victims, provides victims with rights to obtain information and introduced financial benefits for victims. Under the act, surcharges on federal offenses already being collected and provincial fine surcharge revenue collected are deposited into a fund which is used to support two primary programs, the Financial Benefits Program and a Grants Program.

Financial Benefits Program

In Alberta, victims who have suffered physical or emotional injury as a direct result of a violent crime can apply for financial benefits. Those injured as a direct result of a violent crime may be eligible for a one-time financial benefit based on the severity of injuries sustained. Payment is determined by the severity of the injury rather than on the losses or costs incurred and is made regardless of the victim's financial position or sources of income. The program's intent is to recognize or acknowledge victimization rather than attempt compensation for loss.

Victim Impact Statement

Under provisions of the Criminal Code of Canada and the Youth Criminal Justice Act, a Victim Impact Statement allows a victim to express in writing to a Judge how being a victim of crime has affected him/her and those close to him/her.

The purpose of the Victim Impact Statement is to describe how the crime has affected the victim emotionally and physically and the impact the crime has had on his/ her life. If charges are laid, and if the accused person is found guilty, the Victim Impact Statement will be considered by the Judge during sentencing.

Restitution

A person suffering financial loss as a result of a crime may have the right to seek restitution from the offender. Restitution may also be sought from young offenders, however, limitations may apply. Restitution is a way for the offender to repay for the loss the victim has suffered. The victim is required to complete a request for restitution form, which will be provided by a police officer investigating the case. If a Request for Restitution is not given, the victim should request one. Once  filled out, the form should be returned to the police as quickly as possible. The Police will then send the form to the Crown Prosecutor, who will determine whether an application will be made in court.

Grants Program

Groups and organizations that provide services that benefit victims of crime are eligible to apply for a Victims of Crime Program grant. A committee representing government, police and the community evaluates applications for funding submitted April 1 and October 1 of each year and makes recommendations.

Since proclamation of the Victims Programs Assistance Act in 1991 and the Victims of Crime Act in 1997, victim assistance programs have expanded throughout the province. With the support of local communities, police services and the Alberta Solicitor General and Public Security, over 100 victim services units have been established to provide information, assistance and courtroom support to victims during the criminal justice process.

As well as grants for police-affiliated programs, funding has also been approved for specialized programs that help prepare victims for court, assist victims of sexual assault and domestic violence, assist child victims, and assist Aboriginals.

Protection Against Family Violence Act

Family violence under the Protection Against Family Violence Act includes any act, threatened act or failure to act that causes injury or property damage (or causes a reasonable fear of injury or property damage). To qualify as family violence, these acts must be carried out with the intention to intimidate or harm a family member. Forced confinement and sexual abuse are also part of this definition. What is not included are those situations where a parent uses force to correct a child. However, the force used must be reasonable in the circumstances.

For more information about Alberta’s Protection Against Family Violence Act, you can go to www.law-faqs.org/ab/pafva.htm.