Victim Impact Statement
A victim impact statement is a written statement — sometimes accompanied by oral delivery in court — in which the victim of an offence describes the physical, emotional, financial, and other harms caused by the offence. Victim impact statements are filed at sentencing under section 722 of the Criminal Code. They are a structured mechanism for victim participation in the sentencing process and a factor the court must consider.
Form and contents
Section 722(4) and the prescribed Form 34.2 set out what a victim impact statement may contain: a description of the physical or emotional harm done to the victim; a description of any property loss or damage; a description of any economic loss; and any other consequences. The statement cannot contain: opinions on the appropriate sentence; characterization of the offence beyond the victim's own experience; or unproven allegations of additional conduct. Statements that stray outside permissible content can be redacted by the court.
Submission and delivery
Victim impact statements are typically filed in writing in advance of sentencing. The victim has the right to read the statement aloud in court at the sentencing hearing, in whole or in part, unless the court otherwise orders. The Crown often facilitates submission and coordinates the victim's participation. The defence can review the statement in advance and object to inadmissible content.
How courts use the statement
Sentencing courts consider victim impact statements as part of the section 718.2 sentencing analysis. The harm caused is part of the gravity of the offence (proportionality principle under section 718.1) and bears on the appropriate sentence. Courts cannot, however, use the statement to find facts not otherwise established, to extend the sentence beyond what the offence would otherwise warrant, or to allow the victim's views on sentence to drive the outcome.
Community impact statements
Section 722.2 introduced community impact statements — statements from communities affected by an offence, even where no individual victim is identified. These statements are most common in: hate-motivated offences; large-scale frauds affecting many people; environmental offences; and offences targeting vulnerable groups. The court considers them in similar fashion to individual victim impact statements.
Defence response
The defence has the opportunity to respond to victim impact statements at sentencing — including by questioning their factual basis (in limited configurations), highlighting permissible content, and providing mitigation evidence that addresses the harms described. Counsel must balance respect for the victim with legitimate advocacy on sentence. Mass Tsang's criminal lawyers approach victim impact statements with the care these moments require.
Related glossary terms
