What is a Victim Impact Statement?
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 the Court 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 Court during sentencing.
Who may prepare a Victim Impact Statement?
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.
Do I have to prepare a Victim Impact Statement?
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 crime has affected you and those close to you.
Why should I prepare a Victim Impact Statement?
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 Court 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 has 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 defence 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 correctional authorities or the Correctional Service of Canada 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.
How do I prepare the Victim Impact Statement?
Victim Impact Statement forms are available from Police and Victim Service Units.
The Victim Impact Statement needs to be written in your own words and describe how you have been affected by the crime.
What is appropriate to include in a Victim Impact Statement?
How the crime has affected you physically.
How the crime has affected you emotionally.
How the crime has affected your life.
What is NOT appropriate to include in a Victim Impact Statement?
A description of the crime or how the crime occurred.
Do not include details of the crime, the time, date, location or sequence of events. This information is in the witness statement you gave to police.
Offences the accused may have been charged with or convicted of in the past, or since the incident in question.
Your opinions about the accused person's character.
Your thoughts or recommendations as to the type of sentence or the severity of punishment the accused should receive.
If your Victim Impact Statement contains any of the above the Court may not consider it.
What do I need to remember when I write my Victim Impact Statement?
The offender will read your Victim Impact Statement at the time of sentencing. Do not include anything that you do not want the offender to know.
The Victim Impact Statement does not deal with financial loss. Please contact Victim Services for information about how to request restitution. If you have suffered injury as a result of the crime, please contact Victim Services for information about the Financial Benefits Program.
Sentencing can occur at any time. To ensure your Victim Impact Statement is available to the Court in time to be considered during sentencing, please deliver or mail it to a courthouse as soon as possible.
Can someone help me prepare my Victim Impact Statement?
Yes. Victim Services can provide you with:
A friend or family member may be able to help you to write your Victim Impact Statement.
Does the Victim Impact Statement have to be written in English?
No. The Clerk of the Court will arrange to have your Victim Impact Statement translated. Please indicate the language the Victim Impact Statement is written in on the blue Victim Impact Statement envelope.
Will the offender see my Victim Impact Statement?
Yes. After a finding of guilt and before sentencing, your Victim Impact Statement will be provided to the Judge, the Crown prosecutor, the defence lawyer and offender.
For that reason, do not write anything in the Victim Impact Statement that you do not want the offender to read.
Can I read my Victim Impact Statement in court?
Yes. Please check the appropriate box on the blue Victim Impact Statement envelope indicating whether or not you wish to read your Victim Impact Statement aloud to the Court.
Do I have to read my Victim Impact Statement in court?
No. The Judge will consider your Victim Impact Statement whether or not it is read aloud in court.
Who will see or hear my Victim Impact Statement?
If the accused person is found guilty, your Victim Impact Statement will be opened and given to the Judge, the Crown prosecutor, the defence lawyer and offender before sentencing. The Judge will consider your Victim Impact Statement during the sentencing process.
If your Victim Impact Statement is read aloud in court, anyone who is in the courtroom will be able to hear it. After the Judge considers the Victim Impact Statement, it will become a matter of public record. Anyone, including a media representative, could apply to the Court to have a copy of it. A copy of the Victim Impact Statement would be available to them only if ordered by the Court.
If your Victim Impact Statement is not considered by the Judge (for example, if the accused person is found “not guilty”), the Victim Impact Statement will remain in the sealed envelope and nobody will see it.
How do I submit my Victim Impact Statement?
Please notify your Victim Services Unit if you have a change in address or phone number so that Victim Services can contact you about any changes in court dates or locations.
For further information contact:
Alberta Justice and Solicitor General
Victim Services
10th Floor, J.E. Brownlee Building
10365 – 97 Street
Edmonton AB T5J 3W7
Telephone: 780-427-3460
Fax: 780-422-4213
Toll-free through Service Alberta at 310-0000
Web site: www.victims.alberta.ca