VICTIM IMPACT ASSESSMENTS IN CANADA
- Department Of Justice Website : "A Victim Impact Statement is a written account of how a crime has affected you. The statement is your opportunity, as a victim, to tell the court and person who committed the crime how the incident has impacted you and your family members’ lives. It is your opportunity to have your voice heard.The statement does not describe the crime. It is an opportunity for you to express how the crime has affected your life - physically, emotionally and financially. The statement should not suggest outcomes, such as for sentencing the offender.
You are not required to complete a Victim Impact Statement, but if you do it will be presented during the sentencing hearing. The judge can use your statement when considering how to sentence a person convicted of a crime.
To obtain a Victim Impact Statement form or information guide, please visit: Victim Impact Statement - Services and Resources." - "How to Write a Victim Impact Statement
A Victim Impact Statement can be completed by anyone who has suffered physical, mental, emotional or financial loss or trauma because of a crime. This includes the family members of a victim. The statement should not be a description of the facts of the crime or comments about the accused or offender.
The following are the types of information you can include in your Victim Impact Statement.
- Emotional impact of the crime – for example, describe the emotions you have felt day-to-day since the crime took place.
- Physical impact of the crime – for example, did you or a loved one suffer any injuries as a result of the crime? Do you expect the problems to continue or other problems to arise?
- Financial impact of the crime – for example, provide information such as your insurance and medical costs, property damage and lost wages. Also, include expenses that may come up in the future. To learn about financial benefits that may be available to you, please visit: Financial Assistance.
Victim Impact Statements Are
- written by you or any family member, friend or other member of your community who has suffered mental or physical injury, emotional trauma or significant economic loss because of the crime,
- used in sentencing if the accused is found guilty or pleads guilty,
- useful to Crown counsel and the judge in helping them fully understand how the crime has affected you,
- written in your own words, describing how the crime affected you and your family, and
- an opportunity to express concern about future contact with the accused and to describe any financial loss you have suffered as a result of the crime.
Victim Impact Statements Are Not
- mandatory or required by the Court,
- used to describe the crime or how it occurred (this information is included in your witness statement made to the police), or
- to include comments about the accused or the sentence.
Recording victim impact information can be an emotional process. Although the writing of a statement should be your own, allow friends, family or a victim support worker to support you while you write it. Allow yourself enough time to write a statement and honestly assess what the impact of the crime has been. For some victims, writing a statement allows them an opportunity to regain control and be heard as an individual.
Victim impact statements are not always written by the victims themselves. The court will also accept statements from friends, family, and representatives of individual communities or others who have been affected by the crime.
Your completed Victim Impact Statement may be given to the judge at sentencing if the accused is found or pleads guilty, and can also be used at bail and parole hearings. If you have concerns about your safety, you may set out your concerns in the statement.
Damage or loss of property can be described, to let the court know the details of how the crime affected you. If your statement is filed in court, the judge must take it under consideration when making decisions and judgments. Restitution may be considered in cases where there is monetary loss or damages.
You should be aware that Crown counsel must also provide a copy of your statement to the defence counsel or the accused prior to sentencing and you can be questioned in court on what you have written.
You can update your Victim Impact Statement at any time by contacting Crown counsel with the new information or by giving a signed addition to Crown counsel.
If at any time you need assistance with writing a Victim Impact Statement or would like more information, you may talk to your Victim Service Worker.
Write Your Statement - Download a Guide and Forms
Victim impact statements are not always written by the victims themselves. The court will also accept statements from friends, family, and representatives of individual communities or others who have been affected by the crime.
Your completed Victim Impact Statement may be given to the judge at sentencing if the accused is found or pleads guilty, and can also be used at bail and parole hearings. If you have concerns about your safety, you may set out your concerns in the statement.
Damage or loss of property can be described, to let the court know the details of how the crime affected you. If your statement is filed in court, the judge must take it under consideration when making decisions and judgments. Restitution may be considered in cases where there is monetary loss or damages.
You should be aware that Crown counsel must also provide a copy of your statement to the defence counsel or the accused prior to sentencing and you can be questioned in court on what you have written.
You can update your Victim Impact Statement at any time by contacting Crown counsel with the new information or by giving a signed addition to Crown counsel.
If at any time you need assistance with writing a Victim Impact Statement or would like more information, you may talk to your Victim Service Worker.
Write Your Statement - Download a Guide and Forms
To download a Victim Impact Statement guide click here.
- If you are the victim of a property offence, and wish to use a form to make your statement, download a Property Offences Victim Impact Statement form.
- If you are the victim of any other type of crime, and wish to use a form to make your statement, download a General Victim Impact Statement form.
Department of Justice Victim Impact Statement
CourtPrep.ca: Witness Tips - Victim Impact Statements
