The Justice for Victims of Child Pornography Act

The Justice for Victims of Child Pornography Act, C.C.S.M. c. J39 (Assented to June 16, 2011) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application on behalf of victim 3 Proof of offence 4 Evidence of damages 5 When court may make order 6 Limitations Act 7 Fund established 8 Payments into fund 9 Requisitions from fund 10 Regulations 11 C.C.S.M. reference 12 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 The following definitions apply in this Act. "child pornography" means child sexual abuse and exploitation material as defined in section 163.1 of the Criminal Code (Canada). (« pornographie juvénile ») "child pornography offence" means an offence under section 163.1 of the Criminal Code (Canada) (making, distributing, publishing, possessing or accessing child sexual abuse and exploitation material). (« infraction liée à la pornographie juvénile ») "court" means the Court of King's Bench. (« tribunal ») "fund" means the Child Pornography Victims Fund established under subsection 7(1). (« Fonds ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») S.M. 2026, c. 37, s. 40 . Application on behalf of victim 2 If a resident of Manitoba was involved in conduct that would constitute a child pornography offence — whether or not he or she has been convicted of the offence — the minister may apply to the court for an order requiring the person to pay damages for injuries and other losses suffered by a child who is depicted in the child pornography in question, whether or not that child has been identified. Proof of offence 3 In an application under this Act, proof that the respondent was convicted of a child pornography offence is proof that he or she committed the offence in relation to the child depicted in the child pornography in question. Evidence of damages 4 In an application under this Act, the evidence of expert witnesses and evidence from other victims of child pornography may be introduced to demonstrate the type of damages suffered by victims of child pornography. When court may make order 5(1) The court may make an order requiring the respondent to pay damages into the fund if it determines that the respondent caused or contributed to damages suffered by a child depicted in the child pornography in question. Assessment of damages 5(2) In assessing damages, the court may consider (a) the conduct in the child pornography in question; and (b) evidence introduced under section 4. Limitations Act 6 Despite The Limitations Act , no limitation period applies with respect to bringing an application under section 2. S.M. 2021, c. 44, s. 38 . Fund established 7(1) The Child Pornography Victims Fund is hereby established. Control and supervision of fund 7(2) The fund is under the control and supervision of the minister, and is to be deposited with the Minister of Finance and held in trust for the purposes of this Act in a separate account in the Consolidated Fund. Payments into fund 8 The minister must deposit all damages recovered as the result of an order made under this Act into the fund. Requisitions from fund 9(1) Payments from the fund are to be made by the Minister of Finance on the requisition of the minister. Payments from fund 9(2) Payments may be made from the fund to one or more of the following: (a) a child depicted in the child pornography in question who is known or is subsequently identified; (b) an identified victim of child pornography who has commenced an action for damages against a person convicted of a child pornography offence, in order to defray the costs of the action; (c) a program or group designated by regulation that either provides services to victims of child pornography or works to detect or prevent child pornography; (d) a program operated by a law enforcement agency that is intended to prevent or reduce child pornography; (e) [repealed] S.M. 2020, c. 21, s. 180 . S.M. 2020, c. 21, s. 180 . Regulations 10 The Lieutenant Governor in Council may make regulations (a) designating programs or groups that are eligible to receive payments from the fund under clause 9(2)⁠(c); (b) respecting the process for making payments from the fund; (c) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. C.C.S.M. reference 11 This Act may be referred to as chapter J39 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 12 This Act comes into force on the day it receives royal assent.