Under provisions of the Criminal Code of Canada and the Youth Criminal Justice Act, a Victim Impact Statement allows you to express in writing to a Judge how being a victim of crime has affected you and those close to you.
The purpose of the Victim Impact Statement is to describe how the crime has affected you emotionally and physically and the effect it has had on your life. If charges are laid, and if the accused person is found guilty, your Victim Impact Statement will be considered by the Judge during sentencing.
Anyone who is a victim of a crime may prepare a Victim Impact Statement. In a case where the victim has died or is not capable of preparing a Victim Impact Statement, the Victim Impact Statement may be prepared by a spouse or relative.
No. Your decision to prepare a Victim Impact Statement is a voluntary one. It provides you with an opportunity to participate in the criminal justice system by describing how the offence has affected you and those close to you.
For yourself
The Victim Impact Statement provides you with an opportunity to describe how you have been affected by the crime.
For the Court
If a charge is laid and the accused person is found guilty, your Victim Impact Statement will be considered by the Judge at the time of sentencing. Your Victim Impact Statement will help the Court understand how the crime has affected you emotionally and physically and the effect the crime had on your life.
After a finding of guilt, before sentencing
After a finding of guilt and before the offender is sentenced, your Victim Impact Statement will be provided to the Court. The Victim Impact Statement will be considered by the Judge at the time the offender is sentenced. The Judge, the Crown prosecutor, the defense lawyer and the offender will receive copies of your Victim Impact Statement. At the sentencing hearing, you may be cross-examined on the contents of your Victim Impact Statement.
Please note that sentencing can occur at any time
For example, if an accused person pleads guilty, sentencing could occur on short notice. In order for a Victim Impact Statement to be considered in these circumstances, it should be at the courthouse as soon as possible.
After sentencing
If the offender is sentenced to probation or jail, your Victim Impact Statement will be provided to provincial or federal correctional authorities and the National Parole Board. You may also be able to read your Victim Impact Statement at National Parole Board hearings. If you require further information, contact the National Parole Board toll-free at 1-888-616-5277.
If the accused person is found "not criminally responsible on account of mental disorder," your Victim Impact Statement will be provided to the Alberta Review Board. The Board may allow you to present your Victim Impact Statement in person. It can also take steps to protect your identity.
Victim Impact Statement forms are available from Police and Victim Service Units.
The Victim Impact Statement is to be written in your own words and describe how you have been affected by the crime.
If your Victim Impact Statement contains any of the above, the Court may disregard it.