Criminal Code

Marginal note:Acting on victim’s behalf

• 2.2 (1) For the purposes of sections 606, 672.5, 715.37, 722, 737.1 and 745.63, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:

  • (a) the victim’s spouse, or if the victim is dead, their spouse at the time of death;

  • (b) the victim’s common-law partner, or if the victim is dead, their common-law partner at the time of death;

  • (c) a relative or dependant of the victim;

  • (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and

  • (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

• Marginal note:Exception

  (2) An individual is not entitled to act on a victim’s behalf if the individual is an accused in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not criminally responsible on account of mental disorder or unfit to stand trial in respect of that offence.