BILL NO. 285

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023

 

Private Member's Bill

 

Sexual Assault Victim Whistleblower Protection Act

 

Elizabeth Smith-McCrossin
Cumberland North

First Reading: March 29, 2023

Second Reading:

Third Reading:

 

An Act to Provide Protection
for Victims Who Disclose Sexual Assault

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Sexual Assault Victim Whistleblower Protection Act.

2 In this Act,

(a) "code of conduct" means the code of conduct established under Section 3;

(b) "Director of Public Prosecutions" means the Director of Public Prosecutions appointed under the Public Prosecutions Act;

(c) "Director of Victim Services" means the Director of Victim Services appointed under the Victims' Rights and Services Act;

(d) "Minister" means the Minister of Justice;

(e) "police agency" means the Provincial Police, the Royal Canadian Mounted Police, a municipal police department or another police department;

(f) "reprisal" means any of the following measures taken against a person because the person has made a disclosure in good faith under Section 4:

(i) a disciplinary measure,

(ii) a demotion,

(iii) the termination of employment,

(iv) public shaming,

(v) a threat to take any of the measures referred to in subclauses (i) to (iv).

3 (1) The Minister shall consult with representatives of sexual assault victims' organizations, the Director of Victim Services, the Director of Public Prosecutions and representatives of police agencies respecting a code of conduct.

(2) Following the consultation under subsection (1), the Minister shall establish a code of conduct binding on all persons resident in the Province.

4 (1) The code of conduct established under Section 3 must set out the procedure for

(a) a victim of sexual assault to make a disclosure;

(b) protecting the identity of the victim involved in the disclosure process;

(c) ensuring the confidentiality of information collected under clause (a); and

(d) investigating the disclosure.

(2) The procedure set out in the code of conduct must include an online form and a mobile application for disclosure.

5 Where a wrongdoing is found as a result of a disclosure made under Section 4, the Minister shall make recommendations with respect to the wrongdoing and the corrective action to be taken.

6 No person shall take any reprisal against a victim of sexual assault.

7 A person who has reasonable grounds for believing that a reprisal has been taken against the person contrary to Section 6 may file a complaint with the Director of Public Prosecutions.

8 (1) The Director of Public Prosecutions shall investigate a complaint filed under Section 7.

(2) Where the Director makes a finding that a reprisal has been taken against the person filing the complaint, the Director may make such order as the Director considers necessary in the circumstances.

 

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