A victim impact statement is one of the ways a victim's own account of an offence's effects is brought directly into the sentencing process. This page explains victim impact statements under section 722 of the Criminal Code: who can file one, when they are presented, what they can describe, and how a victim can choose to present a statement in court. It is general legal information only, not legal advice.
This page focuses specifically on victim impact statements at sentencing. For a broader look at support and information available to victims and witnesses at every stage of a case, see our overview of information for victims and witnesses in Ontario.
What Is a Victim Impact Statement?
A victim impact statement is a written statement describing the physical, emotional, or financial harm a victim has experienced as a result of an offence. Under section 722 of the Criminal Code, a court must consider any victim impact statement prepared in accordance with the section when determining a sentence, or when deciding whether an offender should be discharged.
A victim impact statement is not evidence of guilt, and it is not filed or considered until after an offender has already been found guilty. Its role is to inform the sentencing process, not to establish whether the offence occurred.
Who Can File a Victim Impact Statement
A victim of the offence can prepare and file a victim impact statement. Where a victim is deceased or unable to prepare a statement themselves, the Criminal Code allows certain other people connected to the victim, such as a spouse, family member, or dependant, to prepare one on the victim's behalf, depending on the specific circumstances. As soon as feasible after a finding of guilt, and before sentencing, the court is required to ask the Crown whether reasonable steps have been taken to give the victim an opportunity to prepare a statement.
This inquiry is meant to ensure that victims are not simply overlooked as a case moves toward sentencing. If a victim has not yet had an opportunity to prepare a statement and wishes to file one, this is generally the point in the process where that gap can be raised and addressed, often with help from victim services or, where a lawyer is not otherwise involved, from duty counsel or court staff who can point a victim toward the right resources.
What a Statement Can Describe
A victim impact statement can describe the physical or emotional harm, property damage, or economic loss suffered as a result of the offence, along with the broader impact of the offence on the victim's life. This can include effects on a victim's sense of safety, relationships, ability to work, or day-to-day functioning, in the victim's own words.
A judge has the authority to consider only the portions of a statement that are relevant to sentencing and to disregard other portions. A victim impact statement is meant to describe the impact of the offence, not to argue for a specific sentence.
Community Impact Statements
In addition to victim impact statements, the Criminal Code also allows for community impact statements, prepared on behalf of a community to describe the harm or loss the community experienced as a result of an offence. Like a victim impact statement, a court must consider a properly filed community impact statement when determining a sentence or considering a discharge. These statements are prepared following a designated procedure and are a distinct, additional way for a court to hear about an offence's broader effects, alongside statements from individual victims.
When a Statement Is Presented
A victim impact statement is generally prepared and filed with the court in advance of a sentencing hearing, and it is considered by the judge before a sentence is imposed. Our page on sentencing hearings explains how this fits into the broader hearing process, alongside submissions from the Crown and defence and, where ordered, a pre-sentence report.
Reading a Statement Aloud in Court
A victim generally has the right to read their own statement aloud at the sentencing hearing, if they wish to do so, or to present it in another manner the court considers appropriate, such as reading it from behind a protective screen or through some other arrangement that avoids direct contact with the offender. A victim is not required to read a statement aloud; filing a written statement for the judge to read is also an option, and the choice generally belongs to the victim.
For victims who may need additional support or arrangements when appearing in court, our pages on victims and witnesses and, where relevant, testimonial accommodations discuss some of the arrangements that can be available.
How the Court Considers a Statement
A victim impact statement is one part of the overall sentencing picture, considered alongside the sentencing principles discussed in our overview of sentencing principles, such as proportionality and any aggravating or mitigating factors. A judge weighs the relevant, properly filed portions of a statement together with all the other evidence and submissions in deciding on an appropriate sentence.
A victim impact statement does not, on its own, determine the outcome of a sentencing hearing. It is one source of information the court considers, alongside submissions from the Crown and defence, any pre-sentence report, and the applicable case law. Even so, courts have recognized that hearing directly from a victim can meaningfully inform a judge's understanding of the real consequences of an offence, which is part of why the Criminal Code gives victims a specific, protected opportunity to be heard at this stage of a case.
Frequently Asked Questions
Do I have to file a victim impact statement?
No. Preparing a victim impact statement is voluntary. A victim can choose not to file one, and that choice does not affect their standing as a victim in the case.
Can a victim impact statement recommend a specific sentence?
A victim impact statement is meant to describe the impact of the offence. A judge can consider only the portions of a statement that are relevant to sentencing and disregard other portions.
Can someone other than the direct victim file a statement?
In some circumstances, such as where the victim is deceased or unable to prepare a statement, certain other people connected to the victim may be able to file one, depending on the specific circumstances of the case.
What is a community impact statement?
A community impact statement describes the harm or loss experienced by a community as a result of an offence and is considered by the court alongside any individual victim impact statements.
Can I read my victim impact statement aloud in court?
Generally, yes, a victim can request to read their statement aloud or present it in another manner the court considers appropriate, such as from behind a screen.
When is a victim impact statement considered by the court?
After a finding of guilt and before sentencing, generally as part of the sentencing hearing itself.