- 1 FEDERAL VICTIMS FUND
- 2 FINANCIAL ASSISTANCE FOR VICTIMS ATTENDING PAROLE BOARD HEARINGS
- 3 FINANCIAL ASSISTANCE FOR VICTIMS INJURED ABROAD
- 4 FEDERAL INCOME SUPPORT FOR PARENTS OF MURDERED OR MISSING CHILDREN
- 5 CANADIAN CRIME VICTIM FOUNDATION
- 6 CANADA PENSION PLAN (CPP) SURVIVOR BENEFITS
- 7 CHILD TAX BENEFIT
- 8 RESTITUTION
- 8.1 WHAT IS RESTITUTION?
- 8.2 HOW DO I SEEK RESTITUTION?
- 8.3 WHAT HAPPENS IF THE OFFENDER DOES NOT PAY RESTITUTION?
- 8.4 RESTITUTION BY PROVINCE
There are many ways that victims of crime can seek financial assistance in Canada. There are specific programs and agencies (such as the Federal Victims Fund and the Canadian Crime Victim Foundation) that the have been implemented to assist victims with their financial needs in a variety of circumstances. There are also other programs available to the general population from the federal government which victims may access as well. All of these programs are listed and discussed below, and if you should have specific questions about any of these programs, you can find contact information for each in the following sections as well.
FEDERAL VICTIMS FUND
The Victim’s Fund is an amount of money set aside by the federal government to provide grants and contributions to various initiatives that are meant to review the victim’s experience with the justice system. In addition to providing grants and project funding to victim assistance organizations, the Victim’s Fund has also made available funding for victims to attend National Parole Board hearings, funding for people who are victimized abroad, and funding to provide victims with financial assistance in rare and exceptional circumstances.
FINANCIAL ASSISTANCE FOR VICTIMS ATTENDING PAROLE BOARD HEARINGS
One of the important rights that a victim has is the right to attend the parole hearings of their offender. Unfortunately, travelling to these hearings often involves expenses that victims sometimes cannot afford. Recognizing this hardship, the Victim’s Fund offers financial assistance to registered victims and a support person (if they would like one) to assist them in attending the hearing.
In order to access this financial assistance, victims must meet the following criteria:
- They must be a registered victim with the Correctional Service of Canada (CSC) or the Parole Board of Canada (PBC), pursuant to the Corrections and Conditional Release Act (see our booklet “A Victim’s Guide to Participating in the Criminal Justice Process” to find out how to register, or call the PBC office in your area. Contact Information is available online.
- The victim must have applied to the PBC to attend a hearing of the offender who harmed them, either to observe or to present a victim impact statement (see our booklet “A Victim’s Guide to Participating in the Criminal Justice Process” to find out how to apply, or call the PBC office in your area.)
- The victim must actually attend the hearing to receive financial assistance.
If the victim would like a support person to accompany them to the hearing, that person may also apply to the Department of Justice for financial assistance if he or she is:
- Traveling with a registered victim to a PBC hearing, or
- Attending a PBC hearing with a registered victim, or
- Providing child care in order for a registered victim to attend a PBC hearing, or
- Providing dependent care in order for a registered victim to attend a PBC hearing
- Over the age of 18 years of age and who is chosen by the registered victim
- A relative, friend or victim service worker of the victim
Any sort of expense incurred as a result of the victim or support person having to travel to attend a parole hearing can be covered by the Victim’s Fund. Such expenses can include:
- Travel costs: gas mileage rates; air, bus or train travel at economy rates (receipts required),
- Hotels: generally to a maximum of two nights (receipts required),
- Meals and incidentals: generally to a maximum of three days (currently approximately $80 per day), “Incidentals” included in the daily rate are intended to cover such expenses as telephone calls and tips (no receipts required),
- Costs of transportation (taxi, shuttle bus, ferry, other), if necessary, between airport, hotel and place of hearing (receipts required),
- Airport surcharges (receipts required),
- Costs for child care or dependent care to a maximum of three days (receipts required).
The Victim’s Fund will provide financial assistance for a maximum of three days and two nights. Only if you are travelling from a rural or remote area, or a great distance, may additional assistance be available. The Victim’s Fund will not cover costs associated with lost wages or other expenses not related to travel or accommodation.
APPLICATION AND CONTACT INFORMATION
As a victim, it is important to know that you must apply to attend the PBC hearing before applying to the Victim’s Fund for financial assistance. If a support person intends to accompany the victim at the actual hearing, they will also need to submit a written request to the PBC and will need to undergo a security check. If a support person is travelling with the victim, but will not be attending the hearing, a written request to the PBC or a security check is not required to apply for financial assistance. However, making a written request to the PBC as a support person to the victim, even if you do not actually attend the hearing, is recommended by the Victims Fund. This is to ensure that all documentation and information is consistent and can be processed more efficiently.
Victims and support persons who have been approved by the PBC to attend a hearing should apply to the Victim’s Fund at least 30 days before the date of the hearing. For applications received at least 30 days before the hearing, the Victim’s Fund will make every effort to provide the applicants with their decision as well as some advanced funding before the date of the hearing. In these cases, financial assistance will be given in two installments. The first will be about 70% of the anticipated expenses provided before the hearing, and the second installment will be paid after the hearing when the Victim’s Fund has received all expense claims and receipts for the actual expenses incurred.
In cases where applications are received less than 30 days before the hearing, eligible expenses will be reimbursed after the hearing, once all expense claims and supporting receipts are provided. In either case, the expense claim and receipts should be submitted to the Victim’s Fund within 30 days after the hearing. Unfortunately, no retroactive financial assistance can be awarded if your application is submitted after the date of the hearing, unless the hearing has proceeded on short notice or if the applicant can show that they were not aware of the financial assistance available through the Victim’s Fund.
Ideally, the victim’s application and the support person’s applications should be submitted together.
If two or more victims are travelling together, each should apply for and claim their own expenses (such as meals, airfare, etc.), and only one should claim the shared expenses (such as gas mileage if carpooling). The application should clearly identify which expenses cover both the applicant and other victims.
To apply, the Application Form can be found online. Both victims and support persons will use this form.
Once the application is completed, you can email it to email@example.com, fax it to 613-941-2269, or mail it to:
Victims Fund Manager
Department of Justice
284 Wellington St. 6th Floor
Ottawa, ON K1A 0H8
You can also complete and submit the Application Form electronically.
If you receive financial assistance to attend a hearing and the hearing is subsequently cancelled or postponed, you must return all advanced funds and unused tickets to the Victims Fund. If you have already travelled to the place of the hearing and have incurred expenses, you may still claim those expenses. If you have received advanced funds and the amount spent is less than the amount you have been given, you must return the difference to the Victim’s Fund.
If you have further questions or want more information about this program, you can contact the Victims Fund Manager at 1-866-544-1007 or at firstname.lastname@example.org for additional information.
FINANCIAL ASSISTANCE FOR VICTIMS INJURED ABROAD
The Victims Fund also provides emergency financial assistance to individual Canadians who are victims of specific violent crimes in foreign countries, where no other source of financial assistance is available to them.
To be eligible for this emergency assistance, you must meet the following criteria:
- You are the victim of a violent crime in a foreign jurisdiction, or
- You are a family member of a victim who is dead, ill or incapacitated due to their victimization in a foreign jurisdiction, or
- In the case of a child victim, you are the parent or the person responsible for the care and support of the child. You or your family member must have been the victim of one of the following crimes to be eligible for financial assistance: homicide, sexual assault, aggravated assault, or assault with serious personal violence including violence against a child.
ELIGIBLE EXPENSES AND MAXIMUM AMOUNTS
The Victims Fund may help cover the following expenses:
- Travel expenses to return to the country where the crime occurred in order to attend the preliminary hearing and/or the trial or equivalent process.
- Travel expenses to return to the country where the crime occurred in order to testify at the preliminary hearing and/or trial if the host country is unwilling or unable to pay.
- Travel expenses for a support person to be with a Canadian victimized abroad, during the immediate aftermath of the crime.
- Expenses for a Canadian victim of crime to return to Canada.
Additionally, the Victims Fund may help cover the following types of expenses where the victim has no other source of financial assistance, up to a maximum of $10,000:
- Hospital and medical expenses due to being victimized
- Expenses to replace stolen official documents
- Upon return to Canada, financial assistance for professional counselling
- Funeral expenses if the crime resulted in the death of the victim
- Out-of-pocket expenses due to being a victim of a violent crime abroad
The Victims Fund does not cover:
- Expenses covered by the applicant’s medical insurance or travel insurance
- Lost wages
- Legal fees
- Losses incurred due to the victim’s own criminal behaviour
- Expenses incurred for crimes that took place before April 1, 2007
APPLICATION AND CONTACT INFORMATION
The first thing you should do after being victimized in a foreign country is to report the crime to the Canadian Embassy or Consulate in the country where you victimized, as well as to the local police (you will need to include a copy of the police report with your application to the Victims Fund).
After reporting to these two agencies, you can apply to the Victims Fund for financial assistance by completing the Application Form found online. You can either submit it online or print it and mail it to the Victims Fund Manager at:
Victims Fund Manager
Department of Justice
284 Wellington St. 6th Floor
Ottawa, ON K1A 0H8
Once your application is received with all necessary information included, the Victims Fund will advise you of the decision and what costs will be covered as soon as possible. If you have any questions about this program or would like more information, you should call 1-888-606-5111 or email: Victims-Abroad-Fund-Manager@justice.gc.ca.
FEDERAL INCOME SUPPORT FOR PARENTS OF MURDERED OR MISSING CHILDREN
The Federal Income Support for Parents of Murdered or Missing Children (PMMC) offers a grant as income support available to applicants who have suffered a loss of income from taking time away from work to cope with the death or disappearance of their child or children, as a result of a probable Criminal Code offense.
- To be eligible for payment under the PMMC grant you must:
- be legally responsible for the child or children involved in the incident;
- have recent labour force attachment having earned at least $6,500 in the previous calendar year or in the 52 weeks immediately prior to the incident
- be on leave from all employment as a result of the incident, or if already on leave from employment at the time of the incident, be unable to return to work
- have a valid Social Insurance Number
- have not been charged with committing a probable Criminal Code offense that led to the death or disappearance of the child; and
- not currently be receiving any type of Employment Insurance (EI) benefits or Québec Parental Insurance Plan (QPIP) benefits
INCIDENT ELIGIBILITY CRITERIA
The PMMC grant is payable if the incident meets the following criteria:
- The child must be deceased or missing as a result of a probable Criminal Code offense
- The child must be under 18 at the time of the incident
- The incident must have occurred in Canada on or after January 1, 2013
- In the case of a missing child, the child must have been missing for over one week
- In the case of a deceased child, it is not probable that the child was a willing party to the crime that led to his or her death
- In order to be eligible for the grant, you must meet both the applicant and incident eligibility criteria.
If you application for the PMMC grant is accepted, the maximum amount you can receive is a fixed amount of $350 per week, minus taxes, paid every two weeks for a maximum of 35 weeks during the Income Support Period (the time you are unable to work). After the Income Support Period has ended, payments will no longer be made, even if the maximum of 35 weeks has not been paid.
More Information on the eligibility criteria and amounts payable can be found online.
APPLICATION AND CONTACT INFORMATION
The Application Form can be found online. All forms are to be printed, completed and mailed to the address listed below.
To apply for the PMMC grant, an applicant must ensure that a PMMC Incident Report Form is completed and stamped by the law enforcement agency where the incident was reported.
The applicant must also ensure that a PMMC Employment Form is completed by each of the applicant`s recent employers to confirm that the applicant has earned a minimum of $6,500 in total in the previous calendar year or the 52 weeks immediately prior to the incident and that they are on leave from all employment.
Once all forms are completed, it is the applicant`s responsibility to submit them to Service Canada at the following address:
PMMC Payment Processing Centre
PO Box 8232, STN T
Ottawa, ON K1G 3H7
CANADIAN CRIME VICTIM FOUNDATION
The Canadian Crime Victim Foundation (CCVF) offers scholarships and bursaries to survivors of violent crime, to assist them in achieving a higher level of education. This program is meant to address an imbalance that exists because offenders are often granted government sponsored educational opportunities as part of their rehabilitation process, while victims are left on their own in the inevitable struggles that occur after violent victimization.
The scholarships offered by the CCVF may be awarded to survivors of violent crime, including direct victims of violence as well as siblings or parents of homicide victims. Students who have demonstrated leadership in creating or participating in anti-violence or anti-bullying initiatives, have challenged the status quo and have shown a consistent, positive contribution to the welfare of staff, students and their community are also eligible for scholarships from the CCVF.
To be considered eligible for these scholarships, the following criteria must also have been met:
- Applicants must not have contributed to their own injury or have been participating in any criminal activity at the time they were injured.
- Applicants must complete a criminal background check. Scholarships will not be awarded to any person who has been convicted of a criminal offense.
- The applicant must be pursuing post-secondary education.
Furthermore, the CCVF will also take into account any other benefit, compensation, or indemnity that was paid or is payable to the applicant from any other source other than social assistance. Preferential status will be granted to those who have not received any other form of compensation.
For applicants who are survivors of violent crime or are siblings of homicide victims, they may be granted up to $5000 per year in scholarships to a maximum of $25,000 (students may also receive a onetime lump sum payment of up to $25,000 instead of yearly installments). Successive installments only become available once the previous year’s program has been completed and re-verification of eligibility has been done. Consideration will be given to the costs associated with living in residence and the costs of books for out of town students, but the maximum total scholarship amount still cannot exceed $25,000.
Those students who are pursuing post secondary education and have shown leadership in anti-violence or anti-bullying initiatives, but are not victims of crime, may receive scholarships of up to $2000.
To apply for a CCVF scholarship, or to nominate a student for a scholarship, you should contact Joe or Lozanne Wamback at:
Canadian Crime Victim Foundation
1046 Lockwood Circle
Newmarket, Ontario, L3X 1M2
More information on the Canadian Crime Victim Foundation Website.
CANADA PENSION PLAN (CPP) SURVIVOR BENEFITS
The CPP Survivor Benefits Program ensures that financial benefits are provided to the estate/family of a deceased person who contributed to the Canada Pension Plan for at least three years. This includes victims of homicide who also contributed to CPP.
Financial benefits through this program may be awarded to:
- A deceased contributor’s estate
- A surviving spouse or common law partner
- Dependent children
The deceased person must have contributed to the CPP for at least 3 years, however, if their “contributory period” is longer than nine years (the contributory period begins when a person turns 18), they must have contributed for one third of the calendar years in their contributory period, or for 10 years, whichever is less.
TYPES OF BENEFITS AND MAXIMUM AMOUNTS
There are three types of benefits that an eligible person may receive, each of which is discussed below.
- Death Benefits: This is a onetime payment to the estate; to the person responsible for funeral expenses; the surviving spouse or common-law partner; or the next of kin (eligibility is determined in that order). This payment is given in one lump sum, and depends on how much and for how long the deceased person contributed to the CPP, up to a maximum of $2,500.
- Survivor Benefits/Pension: This is a monthly pension paid to the surviving spouse or common law partner of the deceased contributor. The amount that a surviving spouse or partner may receive depends on 3 key factors:
- Whether the spouse or partner is also receiving a CPP disability or CPP retirement pension
- How much and for how long the contributor has paid into the plan
- And the age of the spouse or partner when the contributor dies:
If the surviving spouse or partner was under the age of 65 years at the time of the contributor’s death, they may receive up to $593.62/month. If they were over the age of 65, they may receive up to $655.50/month. If the survivor is retired, they may receive up to $1,092.50/month, and if they have a disability, they may receive up to $1,290.81/month. Information about how these totals are reached can be found online.
- Children’s Benefits: This is a monthly benefit for the dependent children of a deceased contributor. If both parents are deceased and both parents had paid into the CPP, the child may receive two benefits, one from each parent. The maximum amount that a child can receive per benefit is $234.87/month. If the child is under the age of 18 years, the benefit is normally paid to the person with whom the child is living with, but may in some cases be paid directly to the child. If the child is older than 18, and qualifies because of full-time attendance at a school or university, the benefit would be paid directly to the child.
It is important to note that any benefits that a person receives from CPP may impact on their eligibility for financial assistance from other federal or provincial programs, including provincial compensation programs for victims of crime. Before applying for CPP benefits or victim compensation, victims should discuss their eligibility with the victim compensation program in their province (if applicable) about this. Victims should know that if the benefits available through CPP are greater then what the victim compensation program could provide, the compensation program will not provide them with financial assistance, in addition to that which they are receiving from CPP.
APPLICATION AND CONTACT INFORMATION
Recipients should begin the application process as soon as possible after the contributor’s death in order to receive these benefits. It may take between 6-12 weeks for the first payment to arrive.
In terms of the Survivor Benefit, the CPP can only make back payments for up to 12 months. Survivors should submit the application for these benefits themselves, but may also have a representative apply for them if they are unable. If a survivor is also caring for a child under the age of 18, they should also apply for the Child Benefit on behalf of the child. Children who are between the ages of 18 and 25, and who are also attending school full-time should apply for the children’s benefit themselves. Application Forms for survivors (Survivor Benefit and Child Benefit) can be found online.
Children between the ages of 18 and 25 who are attending school full time must fill out the Child Benefit Application Form, as well as the Declaration of Attendance at School or University Form which can both be found online.
For the Death Benefit, the executor of the deceased person’s estate, a legal representative, the survivor, or the next of kin of the deceased person should apply (in that order). Those applying for the Death Benefit should fill out the Death Benefit Application Form.
Application kits can also be found at any Service Canada Centre and many funeral homes. Contact Information for your local Service Canada Centre can be found online.
Once the application is complete, it should be returned to the nearest regional Service Centre office. A Complete List of all Regional Offices can be found online.
CHILD TAX BENEFIT
The Canada Child Tax Benefit (CCTB) benefit is a non-taxable amount paid monthly to help eligible families with the cost of raising children under 18 years of age. It is a partnership program between the federal and provincial governments, but is administered by the Canada Revenue Agency. This program also includes the Child Disability Benefit, and also the National Child Benefit Supplement for low-income families, both of which are calculated when parents apply for the CCTB. This benefits can be accessed by all people caring for a child, including those friends or family members of murder victims who raise the victim’s children.
In order to be eligible for the CCTB, applicants must meet the following criteria:
- You must live with the child,
- The child must be under 18 years of age,
- You must be the person primarily responsible for the care and upbringing of the child,
- You must be a resident of Canada for tax purposes,
- You or your spouse or common-law partner must be: a Canadian citizen; a permanent resident (as defined in the Immigration and Refugee Protection Act); a protected person (as defined in the Immigration and Refugee Protection Act); or a temporary resident (as defined in the Immigration and Refugee Protection Act) who has lived in Canada throughout the previous 18 months.
Benefits received from CCTB will influence your eligibility for social assistance, as this benefit is considered a source of income and will be included as such when calculating the total amount of your income and assets. Amounts are also influenced by whether you have full or partial custody (this benefit may be divided between both parents depending on custody agreements and how much time parent spends caring for the child).
The CCTB is recalculated every year in July, based on the information filed in the applicant’s previous year’s income tax return. The amount is also based on:
- The number of qualified children you have and their ages,
- Your province or territory of residence,
- Your adjusted family net income,
- Your child’s eligibility for the disability tax credit.
Furthermore, if you are receiving the CCTB, your eligibility for the Universal Child Care Benefit will also be assessed automatically. This benefit is a taxable benefit paid monthly to help eligible families provide child care for their children less than six years of age. The UCCB provides families with a $160 per month for each child under the age of six and $60 per month for each child in their care aged 6 through 17. If you have not applied for the CCTB, you can still receive the Universal Child Care Benefit by following the same steps outlined below when applying for the CCTB.
The person who is primarily responsible for the care and upbringing of the child should apply for the CCTB. For CCTB purposes, when both a male and a female parent live in the same home as the child, the female parent is usually considered to be primarily responsible for the child and should apply. If the male parent is primarily responsible, he can apply, although he must also attach a signed note from the female parent that states he is primarily responsible for all of the children in the household. For same-sex parents, either parent may apply. If the parents of the child(ren) are separated, then both parents need to apply for the CCTB and the benefit will be divided between them.
You can apply for the CCTB by completing a Form RC66: Canada Child Benefits Application.
After completing the application, you should return it to the tax centre in your area. Contact Information for tax centres across Canada can be found online. Some provinces also have the Automated Benefit Application, in which mothers can give their consent to the provincial/territorial Vital Statistics Agency registering their child’s birth, and they will send the applicant’s registration information over a secure communication network to the CRA. The CRA will then determine if the applicant is eligible for benefits. More Information about Automated Benefit Applications can be found online.
Once your application is received at your tax centre, you may be required to provide supporting documentation that proves you are primarily responsible for the care of the child. Such documentation may include:
- A signed statement from a nursery or school authority confirming the child’s home address and guardian on record
- A signed statement from a person in a position of authority (such as a doctor, lawyer or social worker)
- A registration form or a receipt from an activity or club the child was enrolled in for the period you indicated
- Or a court order, decree or separation agreement
You should receive a payment, notice, or explanation within 80 calendar days of the Canada Revenue Agency receiving your completed application.
If you have questions about your eligibility for this benefit, would like help with completing your application, or would generally like more information, you can take a look at the CCTB Website or you can call 1-800-387-1193.
WHAT IS RESTITUTION?
Restitution is a type of sentence that can be imposed on an offender and requires the offender to pay a monetary amount directly to the victim of the offense. The purpose of restitution is to provide reparations for the financial harm caused to the victim by the crime.
A restitution order may be imposed by a judge after he or she has considered if such an order is appropriate given the circumstances of the case. The judge will also consider the ability of the offender to pay restitution.
Restitution cannot be ordered for pain and suffering or other damages that can only be assessed in civil court; restitution is meant to provide financial reparation for actual costs incurred as a result of the crime (for example, to repair damages to a home caused after a break-and-enter, or to compensate for the two-weeks of lost wages a victim incurred after they were assaulted). The amount of restitution must be easily calculated and not be in great dispute (for example, by presenting pay stubs, estimates, or receipts).
HOW DO I SEEK RESTITUTION?
Restitution may be automatically considered and imposed by a judge, but it is not mandatory for judges to do so. Therefore, it is important that if you would like to seek restitution, that you tell the Crown Attorney handling your case this, and also include information about the financial impacts the crime has had on you in your victim impact statement (please see “A Victim’s Guide to Participating in the Criminal Justice Process” for more information on victim impact statements). The Crown Attorney can then specifically ask the judge at sentencing to impose a restitution order (however, this still does not guarantee that the judge will impose it).
Depending on the province or territory that you live in, there may be a specific form you need to fill out if you wish to seek restitution. If so, these forms are indicated in the provincial breakdown section below. Whether you complete the restitution form and/or a victim impact statement, you should still include all relevant receipts, bills and documents that support your claims regarding the financial impact of the crime. Your local victim services program or unit can often help you to understand the process of seeking restitution, and can also assist you in communicating with the Crown or police when necessary.
WHAT HAPPENS IF THE OFFENDER DOES NOT PAY RESTITUTION?
Sometimes, even when restitution is ordered by a judge as part of the offender’s sentence, there is often little that the criminal courts can do to enforce it. However, a restitution order is similar to a civil order in some respects, and therefore victims may file the order in the civil court and use civil enforcement methods to collect the money. For example, the bank accounts of the offender may be seized or their wages may be garnished, and the money then paid to the victim. Some legal information or advice may be needed to pursue these methods of collection (you may need your own lawyer), however it is not necessary. Below is a list of information for each province on how to best request restitution, and how to pursue civil means of enforcing the restitution order if the offender does not pay. Provincial or local victim services programs can often help you to begin the process of taking civil action to receive your restitution.
RESTITUTION BY PROVINCE
*Unless specifically stated, victims should expect to pay an initial filing fee of $50-$100 to register the restitution order with a civil court.
In British Columbia, in addition to speaking with the Crown directly, you can request restitution by indicating that you wish to do so on your Victim Impact Statement Form.
More Information about restitution in B.C. can also be found online, or by calling VictimLinkBC at 1-800-563-0808.
If a restitution order is granted and the offender does not honour it, More Information about how to receive those monies through the civil court can be found online. In some cases, filing fees may be reimbursed if garnishment of the offender’s wages occurs, and the offender has enough money available to do so.
In Alberta, there is a Statement on Restitution Form that victims need to complete in order to request restitution.
More information about restitution in Alberta can be found in the Restitution in Alberta Information Brochure, or by calling Alberta Victim Services at 780-427-3460. If a restitution order is granted and the offender does not honour it, More Information about how to receive those monies through the civil court can be found online.
In Alberta, you are not required to pay the civil court filing fee for restitution orders.
In Saskatchewan, there is a Restitution Application Form that victims need to complete in order to request restitution.
More information about restitution can also be found by clicking the above link, or you can call the Restitution Coordinator at Victim Services at 1-888-286-6664. If a restitution order is granted and the offender does not honour it, the Ministry of Justice and Attorney General of Saskatchewan has two programs available to victims that can help them to receive their money. Information about these programs can be found online.
In all cases where it is appropriate and realistic, the Crown Attorney will automatically seek restitution on behalf of victims. An application is not necessary, although victims should speak to their victim services worker about their desire to seek restitution so that the worker may pass that information on to the Crown or police (if the victim hasn’t spoken to them already). On the victim impact statement form used in Manitoba, there is a section where victims can explain the financial impact that the crime has had on them as well. Victims wishing to seek restitution are strongly encouraged to complete a statement (although it is not mandatory). Victim Impact Statement Forms can be found online.
If a restitution order is granted and the offender does not pay, the victim should again speak with their victim services worker, who can assist them in taking steps to proceed in civil court. Manitoba Victim Services can be reached at 1-866-484-2846.
In Ontario, speaking with the Crown Attorney (or having your victim services worker contact them on your behalf) and completing the “financial impacts” section of the victim impact statement form will be sufficient to let the Crown know that you would like them to seek restitution. Victim Impact Statement Forms can be found online.
If the offender fails to pay restitution, it is up to the victim to file the restitution order as a judgement with the civil court, in order to pursue civil means of enforcing the restitution order. More Information about this can be found online, by calling the Ontario Victim Support Line at 1-888-579-2888; or by speaking with your victim services worker.
In Quebec, it is best to speak with the Crown Attorney involved in your case about seeking restitution prior to the sentencing hearing. There is no specific form that victims must complete, although completing a victim impact statement and including information about the financial impacts the crime has had on them is strongly recommended. If the victim does not receive payment from the offender, they may have the order registered at the clerk’s office of the Civil Division of the Court of Québec, or the clerk’s office of the Superior Court. Registering the order will ensure that it can be enforced as if it were a judgment by a civil court. For more information on these processes, and/or to complete a victim impact statement, you should contact the Crime Victims Assistance Centre (CAVAC) by calling 1-866-532-2822.
In New Brunswick, victims of crime can request restitution by writing a letter to the Crown Prosecutor. They can also request restitution when completing their victim impact statement.
Victim impact statement forms can be found at a Victim Service Office.
A Guide to Victim Impact Statements includes information about what should and should not be included.
Victim Services workers can also help victims to write their impact statements and/or letter to the Crown.
If the offender fails to pay restitution, victims can pursue the matter in civil court. More Information on how to do this can be found online or by calling the Legal Education and Information Service of New Brunswick at 506-453-5369.
For cases involving the enforcement of restitution in New Brunswick, all filing fees are waived.
In Nova Scotia, there is a Request for Restitution Form that victims should complete in order to request restitution.
If the offender fails to pay restitution, you can pursue the matter in the civil court and use civil enforcement tactics to help you in receiving your money. Nova Scotia Victim Services can provide you with some assistance in this matter, and have also published a How to Access Restitution Guide to help victims understand the process in a step by step manner.
If you still require more information or assistance, you are encouraged to call Nova Scotia Victim Services at 1-888-470-0773.
PRINCE EDWARD ISLAND
The best way to request restitution in PEI is to speak with the Crown Attorney or police officer investigating your case (or have your victim services worker contact them on your behalf) about the financial impact that the crime has had on you. It is also recommended that you submit a victim impact statement so that the judge will have first hand information about the financial impacts of the crime on you as well. Victim impact statement forms can be acquired from your local police department, or from PEI Victim Services. Victim Services can be contacted at 902-368-4582 (Queens and Kings Counties) or 902-888-8217 (Prince County).
If the offender fails to pay restitution, you can pursue the matter in the civil court and use civil enforcement tactics to help you in receiving your money. For more information on how to begin this process, you should contact a Provincial Court Clerk at 902-368-6005. Victim Services of PEI can provide you with guidance and information on this process as well, and they can be reached at the phone numbers listed above.
NEWFOUNDLAND AND LABRADOR
In Newfoundland, there is no specific form for requesting restitution. If you wish to seek restitution, you should talk to the Crown Prosecutor and also complete a victim impact statement that includes information on the financial impacts that the crime has had on you. There is also no specific form to fill out to complete a victim impact statement (you can simply type it is a word document or print neatly on a piece of paper), however your statement must be accompanied by the “Declaration Form.” This form, along with other information about writing a victim impact statement can be found in the Newfoundland Victim Impact Statement Guide.
Newfoundland Victim Services can also provide you with assistance in contacting the Crown and completing a Victim Impact Statement. Their Contact Information can be found online.
If the offender fails to pay restitution, victim services and the Public Legal Information Association of Newfoundland (a non-profit organization dedicated to educating Newfoundlanders and Labradoreans about the law) can provide you with guidance on how to pursue the matter in civil court. More information on the PLIA Website or can contact them at 709-722-2643.
The process of using civil enforcement tactics begins with filing a claim at your local court. More Information on this process can also be found online.
Contact Information for courthouses in Newfoundland can be found online.
In the Yukon, speaking with the Crown Attorney (or having your victim services worker contact them on your behalf) and completing the “financial impacts” section of the Victim Impact Statement Application Form is the best way to let the Crown know that you would like them to seek restitution. If you need assistance in completing the form, you are encouraged to contact Yukon Victim Services at 867-667-8500 for those living closer to Whitehorse, or 867-993-5831 for those living closer to Dawson City.
If the offender does not pay the restitution that he or she has been ordered to pay, information about how to pursue the matter in the Civil Court Claims Process can be found online. You can also speak to your Victim Services worker for more information and assistance with this process.
In the Northwest Territories, the RCMP should give victims a copy of a victim impact statement form to fill out prior to the sentencing hearing of their offender. If the RCMP did not give you one, you should go to, or call, your local detachment to get one. Describing the financial impacts that the crime has had on you in your victim impact statement is the best way to show the judge the financial hardships the crime has placed on you. Judges must consider the information contained in a victim impact statement when deciding a suitable sentence. If you need help completing the victim impact statement, you should contact NWT Victim Services at 867-920-6911 for assistance.
If a restitution order is given, and the offender does not pay, you can pursue the matter in the civil court and use civil enforcement tactics to help you in receiving your money. You can do this by going to the Office of the Clerk of the Supreme Court located in Yellowknife, Hay River, or Inuvik – Contact Information is available online. to register the restitution order. NWT Victim Services can help you through this process and provide you with more information should you need it.
In Nunavut, the RCMP should give victims a copy of a victim impact statement form to fill out prior to the sentencing hearing of their offender. If the RCMP did not give you one, you should go to, or call, your local detachment to get one. Describing the financial impacts that the crime has had on you in your victim impact statement is the best way to show the judge the hardships the crime has placed on you. Judges must consider the information contained in a victim impact statement when deciding a suitable sentence. If you need help completing the victim impact statement, you should contact the Community Justice Department at 867-975-6363 for assistance.
If a restitution order is given, and the offender does not pay, you can pursue the matter in the civil court and use civil enforcement tactics to help you in receiving your money. You can do this by contacting the court services division at 867-975-6100 and asking for assistance.
* See our Victim’s Guide to Financial Assistance in each province for information on provincial financial assistance programs.
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