Review Board for mental disorder

Person who is a victim of an offence

The victim of an offence is the person against whom an offence has been or has allegedly been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of the offence. A person who has suffered such harm, damage or economic loss as the result of the commission of an offence against another person is also a victim.

 

The person who is a victim is not a party to the hearing, but may ask the Commission d’examen des troubles mentaux (CETM) to receive the hearing notice.

 

The person who is a victim may complete and file with the CETM a written statement describing the physical or emotional harm, property damage or the economic loss suffered by him/her arising from the conduct for which the accused was found not criminally responsible on account of mental disorder as well as the impact the conduct has had on him/her.

 

The Justice Québec "Victim Impact Statement" (SJ 753B) must be used for this purpose. A printed copy of this form may be obtained from a Centre d’aide aux victimes d’actes criminels (CAVAC) that offers services to the victims of criminal acts free of charge. For more information, consult the following link: http://www.cavac.qc.ca/english/.

 

Prior to the hearing, the Victim Impact Statement must be completed and filed with the CETM, which will provided a copy to the Directeur des poursuites criminelles et pénales, the accused and, as applicable, his/her lawyer.

 

At the request of a person who has completed and filed a Victim Impact Statement, the CETM shall permit this person to read the statement during the hearing or to present the statement in any other authorized manner.

 

The provided information shall be taken into consideration in the evidence analyzed by the CETM in determining the disposition at the end of the hearing.
 

A person who is a victim is entitled to:

  • be notified about his/her right to file such a statement to the Superior Court of criminal jurisdiction, which must review a high-risk accused finding;

 

  • ask to be informed when an accused is discharged unconditionally or conditionally and about his/her intended place of residence;

 

  • ask the CETM for a copy of the disposition contained in the record of proceedings.
     


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