- A victim impact statement is a formal statement, governed by Criminal Code section 722, describing the harm or loss a victim suffered as a result of the offence.
- It is submitted at the sentencing stage, after a finding of guilt — not during the trial itself.
- A victim generally has the right to read the statement aloud in court if they choose to, or submit it in writing only.
- Courts may also permit alternative ways of presenting a statement, such as from behind a screen or by other accommodating means, in appropriate circumstances.
- The statement informs the sentencing judge about the offence's impact but is one factor among several the judge must weigh — not something that dictates the outcome.
- Both Crown and defence generally have the opportunity to review a victim impact statement before it is presented.
The Short Answer
A victim impact statement is a formal opportunity, set out in section 722 of the Criminal Code, for a victim to describe how an offence affected them, submitted at the sentencing stage. It informs the court's decision but is one factor among several the judge must weigh.
The Statutory Basis: Section 722
Under section 722 of the Criminal Code, the sentencing court must consider a victim impact statement describing the physical or emotional harm, property damage, or economic loss suffered by the victim as a result of the offence, when it has been prepared in accordance with the statutory form and filed with the court.
What a Victim Impact Statement Can Include
A statement typically describes the harm the victim experienced — physical injuries, emotional and psychological impact, financial loss, or how the offence has affected their daily life, sense of safety, or relationships. It's an opportunity for the court to hear directly, in the victim's own words, about the real-world consequences of the offence.
Reading the Statement Aloud
If a victim wishes to read their statement aloud at the sentencing hearing, the court must generally allow it. The framework also permits alternative presentation methods in appropriate circumstances — for example, reading from behind a screen or by other means that avoid the victim having to see the offender directly, with appropriate safeguards for the fairness of the proceeding.
At a sentencing hearing following a guilty plea, the victim chooses to read their statement aloud, describing the lasting impact of the offence on their sense of safety and daily life. The judge listens to the statement as part of the broader sentencing submissions before determining an appropriate sentence.
Its Role in Sentencing
A victim impact statement informs the court about the real harm caused by an offence — but it doesn't dictate the sentence. Sentencing remains governed by the full framework under the Criminal Code's sentencing provisions, including the fundamental purpose and objectives of sentencing (denunciation, deterrence, rehabilitation, and others) and the principle of proportionality. The statement is a meaningful, but not controlling, part of that overall picture.
What This Means From a Defence Perspective
Both Crown and defence generally have the opportunity to review a victim impact statement before the sentencing hearing. Defence counsel can address the statement as part of broader sentencing submissions, ensuring the court considers it within the full context of all relevant sentencing factors, rather than in isolation.
Common Mistakes
A victim impact statement is submitted at sentencing, after guilt is already determined — it doesn't factor into the question of guilt or innocence.
It informs the judge's decision but is weighed alongside the full range of sentencing principles and factors.
A statement generally needs to follow the required format and be properly filed to be formally considered.
Victims sometimes aren't aware they have the right to read their statement aloud if they choose to.
Have questions about the sentencing process? Call our Toronto team at 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
It's a formal statement, governed by section 722 of the Criminal Code, in which a victim describes the physical, emotional, or financial harm they suffered as a result of an offence. It's submitted to the court at the sentencing stage, after a finding of guilt.
Yes. If a victim wishes to read their statement aloud at the sentencing hearing, the court must generally allow it. Alternative presentation methods, such as reading from behind a screen so the victim doesn't have to see the offender, may also be available in appropriate circumstances.
A victim impact statement generally needs to be prepared according to the statutory form and filed with the court to be formally considered as such, though victims aren't required to submit one if they choose not to.
It informs the judge about the harm caused by the offence, which is a relevant consideration under the broader sentencing framework. It is not, however, something a judge is bound to follow prescriptively — sentencing remains governed by the full range of sentencing objectives and principles, of which the statement is one input.
Generally, yes — both Crown and defence typically have the opportunity to review a victim impact statement in advance of the sentencing hearing, and defence counsel can make submissions addressing it as part of the broader sentencing argument.
No. It's a distinct step that occurs at sentencing, after guilt has already been determined — either by a guilty plea or a finding of guilt at trial. It's not evidence used to determine guilt or innocence.
In many circumstances, yes — the framework generally allows for statements from those directly affected by the offence, which can include family members in appropriate cases. The specific rules depend on the circumstances of the case.
Whether you're a victim considering submitting one or someone facing sentencing where a statement has been filed, understanding how it fits into the sentencing process can help you know what to expect — a lawyer can walk you through the specifics of your situation.