It goes without saying that being at the receiving end of a crime can be an extremely traumatic experience. However, being next of kin to a victim of crime can be even more harrowing. The experience of having to relive, through the mouth of a loved one, a violent crime that they suffered, or the sorrow caused by their demise, can result in greater pain than the memory of having experienced the crime first hand.
Often, the experience can result in deep-rooted scars that can take a long time to heal. With the result that a crime victim’s next-of-kin might end up requiring extensive counseling or being unable to work. At times, you may also be called on to represent the victim, if they are dead or unable to represent themselves due to injury.
Fortunately, the province of Quebec has several support mechanisms in place if you happen to be a crime victim’s next of kin. In this article, we explore them in depth and outline the steps you need to take in order to avail of the victim compensation and victim assistance programs that may be available to the victim, and to you as their next of kin.
What is a crime victim?
The government of Canada defines a crime victim as “a person who has suffered physical or emotional harm, property damage, or economic loss as a result of a crime” (source).
Below are examples of people who are considered a victim’s next-of-kin:
- A spouse, parent, child, spouse’s child, brother, sister, grandfather, or grandmother
- A common-law partner who has been living with the victim for at least a year prior to the incident
- A relative or dependent
- Anyone with custody of the victim or their dependents
At times, the next-of-kin can also be victims, such as in the case of domestic violence or homicide victims. In such contexts, physical violence inflicted by one spouse or common-law partner on another, or the death of a loved one, can cause long-lasting psychological injury to the children, thereby leaving deep-rooted emotional scars. They might, as a result, end up playing the dual role of victim and next-of-kin.
What should I do if I am the next-of-kin to a victim of a crime?
According to Quebec’s Act Respecting Assistance and Victims of Crime, the victim’s close relatives, spouse, and dependents qualify as next-of-kin and are entitled to compensation (source). In addition, both crime victims and their first-of-kin are entitled to counseling and many other services designed to help them recover from their traumatic experience and get back on their feet. In order to learn more about these and avail them, here are a few steps you can take:
File your paperwork yourself
The province of Quebec and the Canadian federal government have programs in place that are designed to financially compensate and provide other forms of assistance for victims of crime and their families. The former is known as Indemnisation des victimes d’actes criminels (IVAC), while the latter is called the Victims of Crime Initiative (VCI).
However, taking the time to research these and understand how they can benefit you can be a time-consuming and exhausting process, particularly if you’re new to complexities that underlie criminal proceedings. You might want to consider other options that can make your life easier.
Reach out to a CAVAC
Crime Victim Assistance Centres (CAVAC) are organizations that have been set up to offer front-line services to victims, their families, and witnesses. They work in collaboration with legal experts, health and social service networks, and community organizations.
Seeking out information and resources while dealing with the emotional fallout of a crime can be overwhelming. Thankfully, a CAVAC can serve as a centralized repository of knowledge, information, and expertise. Its employees can guide you in the right direction, thereby making your journey to recovery less stressful.
Get in touch with a lawyer
Reaching out to a CAVAC may not yield the instant service you might be looking for. Although efficient, these centers often deal with large numbers of clients. In which case, you might want to consider reaching out to a lawyer who is knowledgeable about IVAC and VCI.
A lawyer can make your life easier by taking on the burden of fighting for your rights, thereby allowing you to focus on your physical and mental health.
A skilled IVAC lawyer will do the thinking and paperwork for you in order to enable you to get the crime victim compensation and services you deserve. An expert victim advocate can navigate the complexities of the criminal justice process and be there to support you through any judicial proceedings that you might have to endure.
Am I a victim of a criminal offense?
What are my legal rights as a next-of-kin to a victim of a crime?
As next-of-kin to a victim of crime, you may qualify as a crime victim. After all, the psychological toll of watching a loved one relive the trauma of a painful and frightening experience can be overwhelming. You too might, therefore, require counseling or, for that matter, financial compensation as a result of being unable to work due to inherited trauma. You might also require remuneration for other expenses such as funeral costs.
However, the full extent of what you might be entitled to as the next-of-kin of a crime victim will depend on the extent to which the crime in question affected you emotionally. To learn more about whether your individual case might qualify for IVAC benefits, you should get in touch with a lawyer who will be able to help you navigate the murky waters of legislation and government processes.
How can I find out if an arrest has been made?
According to the Act to Assist Persons Who Are Victims of Criminal Offenses and to Facilitate their Recovery, victims of crime are “natural persons who, due to the commission of a criminal offense against them or another person, suffer interference with their physical or mental integrity or material loss whether or not the perpetrator of the offence is identified, arrested, prosecuted or found guilty” (source).
As a crime victim’s next-of-kin, therefore, according to this definition, you may qualify as a victim yourself, depending on the extent to which you were affected by the crime, physically, mentally, or financially. You would be entitled according to the same act, “to be informed, on request, of the progress and outcome of the police investigation, as far as possible and subject to the public interest.”
In other words, if it is proven that, as the victim’s next-of-kin, a crime has affected you physically, mentally, or financially, law enforcement personnel may be required to keep you updated on the progress of the investigation, including details of any arrests that may be made. To learn more about whether you qualify, get in touch with an IVAC lawyer.
Do I have the right to be present at all court proceedings?
Quebec’s Act to Assist Persons Who Are Victims of Criminal Offenses and to Facilitate their Recovery states that victims are “to be informed of their role and participation in any judicial proceedings as well as of the progress and outcome of those proceedings and of any decision that concerns them” (source).
The law is unclear on the extent to which next-of-kin can be present at court proceedings. It would appear that such matters are adjudicated on a case-by-case basis. In other words, your presence, as next-of-kin, at judicial proceedings will depend on the details contained in documents such as the victim impact statement. Trying to find out for yourself whether you’ll be allowed to be present at all court proceedings can be a harrowing and complicated process, involving multiple bureaucratic loops. It is therefore important to get legal assistance.
How can I collect court-ordered restitution from the offender?
According to the Act to Assist Persons Who Are Victims of Criminal Offenses and to Facilitate their Recovery, crime victims and their kin have the right “to have the court consider making a restitution order against the perpetrator of the criminal offence in accordance with section 737.1 of the criminal code.” In order to make such a request to the court, it is advisable to contact an IVAC attorney with many years of experience representing crime victims and their next-of-kin.
Will I be notified if the offender escapes or is going to be considered for parole or release?
The Act to Assist Persons Who Are Victims of Criminal Offenses and to Facilitate their Recovery clearly states that crime victims are entitled to be notified if the perpetrator is released, conditionally or otherwise. However, it is unclear on whether they should be informed if the perpetrator escapes (source).
Legal representation services
Navigating the IVAC process can be complicated whether you’re a direct victim or a next-of-kin. At a time when you and your loved ones are trying to cope with the emotional fallout of a crime, trying to understand its nuances can be especially stressful. This is where Accident Solution comes in. Our team of expert IVAC lawyers can make your life easier by assisting you in claiming your rights as a crime victim or a next-of-kin. If you or one of your loved ones is a homicide victim or a victim of any other crime, give us a call to set up an appointment with one of our highly-qualified lawyers.
