Restitution - Notice of Objection
A defendant may respond to receiving a Provisional Order by lodging a Notice of Objection.
Select this link for a copy of the Notice of Objection to a Provisional Order for Restitution.
If the defendant files a Notice of Objection, the matter is then listed for a hearing before the Tribunal to determine if the Provisional Order should be confirmed. The defendant is not required to be present at the hearing and may make written submissions. The defendant may make submissions as to:
- culpability for the injuries to the victim,
- financial circumstances
- other persons also being charged and/or convicted in relation to the same offence and injury
- age at the time of the incident, and
- any other relevant issues.
If there are two or more defendants in a matter, the amount to be paid will usually be split between the defendants, evenly or on the basis of approximate levels of culpability. However, the Act does provide for resttution to be a joint and several liability.
When determining the matter, the Tribunal may take the defendant's financial means and any other relevant matters into consideration. The defendant will need to provide the Tribunal with an Affidavit of Financial Circumstances to enable proper consideration of his/her financial means.
Select this link for a copy of the Affidavit of Financial Circumstances (Word 71KB).
In regard to "relevant issues", the Tribunal can/may take into account any matters that it deems relevant when considering submissions made by the defendant and will make an order for restitution after considering these submissions.
The victim is not required to be a party to the proceedings, however some information from the victim's file may need to be provided to the defendent for the restitution proceedings.
At the hearing, the Tribunal Member will consider:
- your spoken or written submissions in the matter,
- submissions of the Director's advocate, and
- the documents on file.
The defendant may be legally represented and/or be supported by family friends or by another form of assistance. However, the cost of legal assistance is not met by Victims Services.
Interpreters are arranged and paid for by Victims Services where requested or required.
Select this link for more information on Restitution Hearings.
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