Shifting from Compensation to Counselling for Crime Victims

On October 8, 2024, Nova Scotia enacted two regulations, N.S. Reg. 212/2024 and N.S. Reg. 213/2024, which are amendments to the Criminal Injuries Compensation Regulations and the Schedule to the Act Listing Criminal Offences. These regulations arise from Order in Council 2024-371 and are authorized by Section 14 of the Victims’ Rights and Services Act, set to take effect on October 22, 2024. The amendments aim to improve support for crime victims by shifting the focus from compensation to counselling services.
One of the key changes in N.S. Reg. 212/2024 is a shift in terminology, where the term “Compensation” is replaced with “Counselling” in Section 1. This change underscores the new emphasis on mental health and therapeutic support for victims. Additionally, Section 2 introduces a revised application process for counselling, requiring applications to be in a form prescribed by the Director of the Criminal Injuries Counselling Program and to include an authorization for the release of information. Importantly, applications will now be considered filed on the date they are received, optimizing the process for victims seeking support.
The regulations also detail the type of counselling services available. Section 5 specifies that counselling services, except for cases involving human trafficking or homicide, can be provided as individual or group counselling and may include alternative therapeutic approaches. These services must be approved by the Director or recommended by an approved counsellor as part of an approved treatment program, with a maximum of $4,118 available for counselling over a two-year period. For victims of human trafficking or homicide, Section 5A allows for more extensive counselling services for these individuals or their immediate family members, providing up to $8,235 over a three-year period.
Additionally, Section 5AA gives the Director the discretion to approve counselling services beyond the established limits in cases of exceptional circumstances, ensuring that victims can receive the necessary support even if they exceed predefined thresholds. The amendments also specify that counselling services can be approved for certain Criminal Code offences, particularly if they occurred in the context of intimate partner violence or were motivated by hatred against identifiable groups. This aims to address the unique emotional and psychological impact of such crimes. Furthermore, Section 5AC establishes a structured fee schedule for counselling services, detailing hourly rates for registered psychologists, social workers, and counselling therapists, thereby ensuring transparency and fairness in compensation for professional services provided to victims.
By shifting the focus from compensation to counselling and establishing structured support mechanisms, the government aims to provide more effective and empathetic assistance to those impacted by crime. These regulations improve the support framework for victims and reflect a broader commitment to addressing mental health needs within the justice system, representing a proactive step toward creating a supportive environment that ensures victims receive the resources necessary for healing and recovery.
Nova Scotia (212/2024) October 18, 2024