Feminist
Research
Education
Development
and
Action Centre
The FREDA Centre
for Research on Violence
against Women and Children
for Research on Violence
against Women and Children
on Bill C-46 Applications
"BC Association of Specialized Victim Assistance and Counselling Programs Newsletter"
Funding for Victims
Bill C-46 amends the Criminal Code by providing that personal records in sexual offence proceedings can only be released on application to the trial judge. The Bill sets out the procedure for the application and allows both the victim and the record holder to make submissions to the court. For further information on the Bill, you can check out the last BCASVACP Newsletter (Spring/Summer 1997).
"The Ministry of Attorney General will be providing legal assistance to any victim whose records are subject to an application under Bill C-46. The Ministry will provide legal assistance at two stages:
- The Bill allows the victim or record holder to waive the application process and allow the production of the personal records. Although Crown counsel may have a view as to whether or not the victim should waive the application process, they do not represent the victim. In deciding whether or not to sign the waiver, the victim may wish to seek independent legal advice and the Ministry will fund counsel to provide this service through the Legal Services Society.
- Although in most cases, the Crown will make submissions to the trial judge regarding the production of records, they do not represent the victim. If the victim wishes to participate in the hearing, the Ministry will fund counsel to represent the victim on the application process."
How to Obtain Legal Assistance
Legal assistance will be provided by the Legal Services Society (LSS). It is important to note that legal assistance will be provided regardless of whether the victim meets LSS financial eligibility requirements. Have your clients contact the local legal aid office and if the office is not aware of this new service, they can call Paulah Dauns, Regional Director at (604) 601-6300.
This Bill also allows other record holders, other than the victim, to participate in the application process. Although the Attorney General sees the privacy and equality interests of the victim as protected as she is provided with legal assistance, there is also an understanding that some cases with other record holders may raise important legal issues and as such funding criteria are being developed to provide financial support to agencies making legal arguments, as well.
(Source: Information Sheet for Victim Services Agencies. BC Ministry of Attorney General, Victim Services Division, Community Justice Branch, 1997.)