Criminal law

The Victim

What is a criminal case?

There are 2 types of court cases, criminal and civil:

• Criminal Case
  
  Criminal cases (also called criminal “prosecutions”) deal with crimes set out in the Criminal Code (theft, rape, murder, etc.) or in another law that is criminal in nature, such as the Controlled Drugs and Substances Act. Since the fight against crime involves society as a whole, it is the state, and not the victim, that brings the case against the person accused of the crime. The lawyer who brings the case on behalf of the state is called the Crown prosecutor. In a criminal case, the victim is usually a key witness.
  
  The main purpose of a criminal case is to hold the young person accountable for what he’s done, usually by imposing a sentence. Another purpose is to have the young person repair the harm to the victim. Sentences can include fines, community service, placement in detention and compensation.
  
  
  
• Civil Case
  
  Unlike a criminal case, the public interest is not what drives a civil case. Rather, it is the personal interests of the victim that are at stake. So it is the victim herself (or her parents if she is under 18) who takes the case and claims compensation for any harm suffered. A victim who wants to be compensated for harm suffered (damaged property, physical injuries, psychological trauma, etc.) and who has not already been compensated in another way can bring a civil suit against the guilty person.

When someone commits a crime, there can therefore be both a criminal case and a civil case brought against that person, since the two systems have different objectives. But a victim can never be compensated twice for the same harm.

Is there more than one way for a victim to get compensation?

Yes. There are several possibilities:

Criminal Case

When sentencing a teenager found guilty of a crime, the youth court judge must take into account all the harm suffered by the victim. The court sends the victim a form called a Victim Impact Statement. In this form, the victim can spell out the type of injuries she suffered and any expenses she had to pay. She can also attach proof of her injuries and expenses, such as receipts, photos, etc. The judge must consider the Victim Impact Statement when handing down a sentence.

In the sentence, the judge can order the teenager found guilty of a crime to pay the victim money, if the teenager is able to pay. The victim can therefore be reimbursed for medical fees, lost wages, broken windows, broken locks, stolen goods that were re-sold, etc.

If the judge concludes that the teenager cannot pay this money, he can give another sentence. For example, the judge can order the teenager to reimburse the victim part of the money, do work to repair some of the harm, or give back any property taken from the victim.

Civil Case

This kind of court case also allows the victim to be reimbursed. The victim (or the parents of the victim if she is under 18) must bring the case against the person who committed the crime. Given the complexity of bringing this kind of case, it can be a good idea to consult a lawyer. Keep in mind that there are costs involved in a civil case, such as paying a medical expert, lawyer’s fees, court costs, etc. These costs must be paid even if the victim wins the case

However, if the damages are less than $7,000, or if the victim reduces her claim to $7,000 or less, she can bring her case to Small Claims Court. Cases in this court are less complex, faster and above all, less expensive. Also, lawyers cannot represent people in this court, so the parties represent themselves.

The Crime Victims Compensation Program (or "IVAC", for Indemnisation des victimes d’actes criminels)

The IVAC program, run by the Quebec government, compensates victims for psychological and physical harm suffered because of a crime committed in Quebec.

The program does not apply to crimes against property, such as vandalism, fraud or theft.

Also, victims cannot get compensation under this program if they voluntarily put themselves in a situation where the risk of injury is predictable. For example, a person who plants a bomb would not be eligible.

To find out more about what kinds of costs can be compensated under this program and how to apply, consult our Infosheet Compensation for Victims of Crimes.

It is the victim’s decision whether to take a civil case or ask for compensation through the IVAC program. It is also possible to do both. (Only the Crown prosecutor can decide to take a criminal case.) But the victim cannot be compensated for the same harm more than once.

A civil case could allow the victim to claim for damages not covered by the IVAC program or not ordered to be reimbursed at the sentencing stage of a criminal case.

Unlike a civil case, the IVAC program and criminal case do not cost anything for the victim or her parents.

Can the parents of the teenager who committed the crime be taken to court? What is the use of doing this?

The victim can take a civil case against the teenager who committed the crime, but she can also pursue his parents in court. In fact, parents are sometimes held responsible for their child’s actions if the child is under 18..

It can be useful for the victim to take the civil case against both the teenager and his parents. Why? Suppose the judge orders the guilty teenager to pay money to the victim, but the teenager cannot pay this money. If the victim takes and wins the case against the parents as well, they will have to pay the victim.

You should know that, the victim has 10 years after the date of the decision in the civil case to get paid. Therefore, even if the teenager or his parents are not able to pay the victim at the time of the decision, they might be able to get paid sometime over the next 10 years.

How soon must the victim ask for compensation?

• Civil Case
  
  A civil case must be taken within 3 years of the time the harm was caused or the crime was committed. However, if the harm does not appear until later on, the 3-year time limit only begins on the day the harm appears for the first time.
  
  For example, let’s say that a person was roughed up during a theft, but she doesn’t feel any pain in the days following the theft. If she starts suffering from severe backaches 2 weeks after the incident, the 3-year period begins to run from this point.
  
  
• Crime Victims Compensation Program (IVAC)
  
  The victim can apply for compensation up to 1 year after suffering injuries.

For both civil cases and the IVAC program, it’s a good idea to take action as soon as possible. This is because the facts are still fresh in the victim’s memory, the witnesses are easier to locate and the victim’s credibility will be stronger.

What sort of compensation can the victim expect?

• Civil Case
  
  The judge decides what compensation the victim will get. To determine the amount, the judge looks at evidence presented by the victim and her parents, and by the person found guilty of the crime and his parents.
  
  Compensation can cover the following: dental treatment, damaged property, loss of salary, pain and suffering related to the incident, etc.
  
  
• The Crime Victims Compensation Program (IVAC)
  
  Victims can get compensation for the costs of physiotherapy, psychotherapy, medication, nursing, orthopaedic devices, implants, etc. Some costs connected to personal security, such as alarm systems or self-defence classes, are also covered. If there are permanent injuries, monthly payments or a lump sum might be awarded.

Can the victim be compensated even if the person who committed the crime is found not guilty or cannot be located?

• Civil Case
  
  To take a civil case, the victim must know who committed the crime. Obviously, she cannot collect compensation from if she can’t identify this person.
  
  If the identity of the person is known but he cannot be found, the victim can still take a civil case. But in these cases, it will clearly be more difficult to collect any money.
  
  If the person accused of the crime is found not guilty in the criminal case, the victim can still take a civil case. Civil and criminal cases are independent of one another, and the proof required is different for each. Given that the consequences of being found guilty in a criminal case are very serious, the law requires a higher level of proof.
  
  Therefore, even if the evidence isn’t enough to find the accused guilty in a criminal case, there might be enough evidence to hold him responsible in a civil case.
  
  
• Crime Victims Compensation Program (IVAC)
  
  The victim can be compensated even if the accused person cannot be located and even if he is found not guilty.
  
  Also, the victim does not have to file a complaint with the police in order to be compensated.
  
  However, she must show, in a convincing way, that she was the victim of a criminal act. An investigator from IVAC will meet with the victim, witnesses and the police officers involved in the case (if the police are involved) to be sure that the application for compensation is legitimate.

How does the court treat a victim requesting compensation?

The court must ensure that victims are:

• treated with courtesy and compassion, and have their dignity and privacy respected
  
• inconvenienced as little as possible
  
• informed about the case against the teenager accused of the crime
  
• given a chance to participate and be heard in the case
  
• told the identity of the teenager accused of the crime, informed if the case is transferred to an “extrajudicial sanctions” program, and to learn the nature of the sanction (To learn more about these sanctions, consult our Infosheet Extrajudicial Sanctions.)
  
• given access to the teenager’s court record
  
• given some kind of reparation for the harm suffered

1. Ministère de la justice du Québec