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​​​​ The law to assist persons who are victims of criminal offences and to facilitate their recovery is now in force. Consult the main changes brought about by this new law.​​​​​


 Act to assist persons who are victims of criminal offences and to facilitate their recovery

​​​​​​​​​​​​​​​​Here is the main changes for the Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement​, that came into force on October 13, 2021 and a reminder of the current provisions of the Loi sur l’indemnisation des victimes d’actes criminels (LIVAC). The Règle​ment d’application de la Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement​ was also adopted to specify certain provisions as well as the modalities of application of the law.

The content of this text is informative and is intended to be an aid to understanding. Laws and regulations have legal force and priority at all times.​​​

Notion of victim

From October 13, 2021

There will be several categories of victims.

Victims

The following people are considered to be victims:

  • the person against whom the criminal offence was committed
  • a parent of a child or a person who has parental authority over a child against whom a criminal offence was committed or who died as a result of a criminal offence
  • a child of a parent or a child over whom a person has parental authority against whom a criminal offence was committed or who died as a result of a criminal offence
  • the spouse of a person against whom a criminal offence was committed or who died as a result of a criminal offence
  • the dependant of a person against whom a criminal offence was committed or who died as a result of a criminal offence
  • a close relation of a person against whom a criminal offence was committed or who died as a result of a criminal offence
  • a witness to a criminal offence or to the intact scene
People who intervene

The following people are, as a result of a civic intervention, considered to be victims:

  • a person who suffers interference with their integrity or who dies while attempting to prevent a criminal offence from being committed
  • a parent of a child or a person who has parental authority over a child who dies or suffers interference with their integrity as a result of their intervention
  • a child of a person (parent or person who has parental authority) who dies or suffers interference with their integrity as a result of their intervention
  • the spouse of a person who dies or suffers interference with their integrity as a result of their intervention
  • a dependant of a person who dies or suffers interference with their integrity as a result of their intervention
  • a close relation of a person who dies or suffers interference with their integrity as a result of their intervention t

A person may qualify in more than one category of victim and receive financial assistance for each category.

Until October 12, 2021

Only the following people may be compensated:

  • a person who is the victim of a criminal offence
  • a witness present at the scene when the criminal offence was committed
  • a person who attempted to arrest an offender or who attempted to prevent a criminal offence from being committed
  • the parent of a child who is murdered by the other parent
  • the close relations of a victim or a person who intervenes

Who may file an application

Time limit for filing an application

Criminal offences

Where the offence is committed

Gross fault and participation in the criminal offence

From October 13, 2021

A victim of a criminal offence will not be entitled to any financial assistance if:

  • they suffered interference with their integrity or die as a result of their gross fault
  • participated in the criminal offence committed against them

Their spouse, close relations or parents will not be eligible for financial assistance.​

However, t​he victim’s child might be eligible for financial assistance.

The parent of a minor victim who is guilty of gross fault might ​be eligible for financial assistance.

Exceptions

If the victim can show that they were subjected to violence or a threat of violence, they might be eligible for financial assistance even if they participated in the offence or if they are guilty of gross fault.

Gross fault does not apply to a person who files an application in relation to domestic or sexual violence.

Gross fault or participation in a criminal offence does not apply to a victim 12 years of age or younger or to a person who is considered incompetent.

Until October 12, 2021

A victim is not eligible if, through their gross fault, they contributed to their injuries or death. Nor are their family and close relations eligible. Gross fault does not apply to an application concerning sexual violence.

Psychotherapeutic and psychosocial rehabilitation

Crime scenes

Temporary total disability (TTD)

Permanent disability (PD)

Lump sum payment in the event of death

Review

Transitional measures



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