Victim Assistance Flashcards
VICTIM ASSISTANCE
Declaration of principles
- Police services shall be provided throughout Ontario in accordance with the following principles:
- The need to ensure the safety and security of all persons and property in Ontario.
- The importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.
- The need for co-operation between the providers of police services and the communities they serve.
- The importance of respect for victims of crime and understanding of their needs.
- The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society.
- The need to ensure that police forces are representative of the communities they serve. R.S.O. 1990, c. P.15, s. 1.
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VICTIM ASSISTANCE
Core police services
(2) Adequate and effective police services must include, at a minimum, all of the following police services:
1. Crime prevention.
2. Law enforcement.
3. Assistance to victims of crime.
4. Public order maintenance.
5. Emergency response. 1997, c. 8, s. 3.
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VICTIM ASSISTANCE
Purpose of disclosure
(1. 2) Any disclosure made under subsection (1.1) shall be for one or more of the following purposes:
1. Protection of the public.
2. Protection of victims of crime.
3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.
4. Law enforcement.
5. Correctional purposes.
6. Administration of justice.
7. Enforcement of and compliance with any federal or provincial Act, regulation or government program.
8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual. 1997, c. 17, s. 9.
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VICTIMS ASSISTANCE
Duties of police officer
- (1) The duties of a police officer include,
(a) preserving the peace;
(b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention;
(c) assisting victims of crime;
(d) apprehending criminals and other offenders and others who may lawfully be taken into custody;
(e) laying charges and participating in prosecutions;
(f) executing warrants that are to be executed by police officers and performing related duties;
(g) performing the lawful duties that the chief of police assigns;
(h) in the case of a municipal police force and in the case of an agreement under section 10 (agreement for provision of police services by O.P.P.), enforcing municipal by-laws;
(i) completing the prescribed training. R.S.O. 1990, c. P.15, s. 42 (1); 1997, c. 8, s. 28.
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VICTIMS ASSISTANCE
Victims Assistance
- Every chief of police shall establish procedures on providing assistance to victims that,
(a) reflect the principles of the Victims’ Bill of Rights, 1995; and
(b) set out the roles and responsibilities of members of the police force in providing assistance to victims. O. Reg. 3/99, s. 17.
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VICTIMS ASSISTANCE
ONTARIO REGULATION 265/98
DISCLOSURE OF PERSONAL INFORMATION
“victim” means a person who, as a result of the commission of any offence under the Criminal Code (Canada) by another, suffers emotional or physical harm, loss of or damage to property or economic harm and, if the commission of the offence results in the death of the person, includes,
(a) a spouse of the person,
(b) a child or parent of the person, within the meaning of section 1 of the Family Law Act, and
(c) a dependant of the person, within the meaning of section 29 of the Family Law Act,
but does not include a spouse, child, parent or dependant who is charged with or has been convicted of committing the offence. O. Reg. 297/05, s. 1.
(2) A chief of police or his or her designate may disclose to a victim the following information about the individual who committed the offence if the victim requests the information:
1. The progress of investigations that relate to the offence.
2. The charges laid with respect to the offence and, if no charges are laid, the reasons why no charges are laid.
3. The dates and places of all significant proceedings that relate to the prosecution.
4. The outcome of all significant proceedings, including any proceedings on appeal.
5. Any pretrial arrangements that are made that relate to a plea that may be entered by the accused at trial.
6. The interim release and, in the event of conviction, the sentencing of an accused.
7. Any disposition made under section 672.54 or 672.58 of the Criminal Code (Canada) in respect of an accused who is found unfit to stand trial or who is found not criminally responsible on account of mental disorder.
8. Any application for release or any impending release of the individual convicted of the offence, including release in accordance with a program of temporary absence, on parole or on an unescorted temporary absence pass.
9. Any escape from custody of the individual convicted of the offence.
10. If the individual accused of committing the offence is found unfit to stand trial or is found not criminally responsible on account of mental disorder,
i. any hearing held with respect to the accused by the Review Board established or designated for Ontario pursuant to subsection 672.38 (1) of the Criminal Code (Canada),
ii. any order of the Review Board directing the absolute or conditional discharge of the accused, and
iii. any escape of the accused from custody. O. Reg. 265/98, s. 4 (2).
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