When old meets new: Civil remedies in the criminal context - A new proposal for compensating victims of crime

 
Author(s)LaPorte, Jean-Pierre, McGarrity, D. Sean and Nelson, Jamie
Title When old meets new: Civil remedies in the criminal context - A new proposal for compensating victims of crime
Source Journal of Law and Social Policy, Vol 18, 63 (2003)
Date 2003
Document type Journal article
Coverage Canada
URL http://heinonline.org/HOL/Page?handle=hein.journals/jlsp18&div=6&g_sent=
1&collection=journals
Summary This paper discusses the need for a Supplementary Civil Procedure (SCP) to be introduced in Canada. At present a victim may have to endure a lengthy trial process as a witness and then if they want to be compensated for their injuries they need to bring a separate civil action, often with the same witnesses and same evidence. A SCP would expedite the damage recovery process for victims of crime and reduce backlogs in courts. The author details how the SCP would work in practice and then sets out the main advantages of the SCP. These advantages include: reduction in frivolous civil actions; greater access to justice for those victims who could not afford tort claims; and an increased perception of justice. Some potential concerns are also considered, with proposed solutions.
Keywords Compensation; Canada; award for damages; Supplementary Civil Procedure; SCP
Topic Compensation