722

Victim impact statement

722 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement of a victim prepared in accordance with this section and filed with the court describing the physical or emotional harm, property damage or economic loss suffered by the victim as the result of the commission of the offence and the impact of the offence on the victim.

Annotations

  • Part XXIII
  • The impact of an offence on any victim may be treated as an aggravating factor on sentence: R v Adamko, 2019 SKPC 27 at para 33; R v Blanchard, 2018 CarswellAlta 513 (QB) at paras 7-12; R v AG, 2015 CarswellOnt 3257 (CA) at para 73
  • This provision is not restrictive. It is intended to permit any victim to provide a victim impact statement in relation to an offence or offender. This includes statements from historical victims in a dangerous or long-term offender application: R v Blanchard, 2018 CarswellAlta 513 (QB) at paras 7-12

Inquiry by court

(2) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection (1).

Adjournment

(3) On application of the prosecutor or a victim or on its own motion, the court may adjourn the proceedings to permit the victim to prepare a statement referred to in subsection (1) or to present evidence in accordance with subsection (9), if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

Form

(4) The statement must be prepared in writing, using Form 34.2 in Part XXVIII, in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction.

Annotations

  • Despite non-compliance with the requirement that Form 34.2 be used, the court is entitled to take into account impact on a victim; substance should be favoured over form: R v Solorzano Sanclemente, 2019 CarswellOnt 1219 (SC) at paras 15-18

Presentation of statement

(5) The court shall, on the request of a victim, permit the victim to present the statement by

(a) reading it;

(b) reading it in the presence and close proximity of any support person of the victim’s choice;

(c) reading it outside the court room or behind a screen or other device that would allow the victim not to see the offender; or

(d) presenting it in any other manner that the court considers appropriate.

Photograph

(6) During the presentation

(a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court, disrupt the proceedings; or

(b) if the statement is presented by someone acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court, disrupt the proceedings.

Conditions of exclusion

(7) The victim shall not present the statement outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.

Consideration of statement

(8) In considering the statement, the court shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection (1) and disregard any other portion.

Evidence concerning victim admissible

(9) Whether or not a statement has been prepared and filed in accordance with this section, the court may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.

Annotations

  • Part XXIII
  • Pursuant to this provision the court is entitled to accept the entirety of a victim impact statement, rather than require editing, and simply disregard those portions which are irrelevant or unhelpful. Redaction should be exceptional. Victims should be entitled to present the entirety of their statements; R v Adamko, 2019 SKPC 27; R v Blanchard, 2018 CarswellAlta 513 (QB) at para 12; R v Browne, 2017 ONSC 5064 at para 14; R v CC, 2018 ONCJ 542 at paras 23-26