Informing the judge about the impact of the crime on the victim (victim impact statement)

As the victim of a crime, a person affected by a crime who is not the victim, or a person acting on behalf of a victim, you can tell the judge what impact the crime has had.

You can do so

• in writing, by completing a victim impact statement;
• by attending the sentencing hearing for the offender, if you wish to do so, and reading out your statement or summarizing its main elements;
• by expressing your thoughts after reading your statement at the hearing.

The sentencing hearing occurs at the end of the offender’s criminal trial.

If the accused pleads guilty (guilty plea) or is found guilty (verdict of guilty) of a crime at a criminal trial, the judge must then impose a penalty in the form of a sentence: imprisonment, a fine, community work, etc. From this point on, the accused is known as the offender.

The judge may impose the sentence immediately after the guilty plea or verdict, or may do so at a later date at a court hearing known as a sentencing hearing.

The sentencing hearing may be held in the days, weeks or months following the guilty plea or verdict, depending on various things such as

• the offender’s state of health;
• the time needed for the offender to complete therapy;
• the ordering of a pre-sentencing report by the judge.

A pre‑sentencing report is drawn up by a probation officer. It focuses on the offender’s personality, life history and criminal record.

At the hearing, the judge hears

• the criminal and penal prosecuting attorney (the prosecutor);
• the lawyer for the offender (the defence lawyer).

The prosecutor and the defence lawyer each recommend a sentence for the offender to the judge. The 2 recommendations may differ.

The prosecutor takes into account the concerns and point of view of the victim, and uses them to make recommendations about the sentence. He or she highlights the physical, mental and material impacts of the crime, as well as the financial losses sustained because of the crime.

The impacts and losses are taken into account by the judge when determining the sentence.

You can also inform the judge about the consequences of the crime by completing a victim impact statement.

A victim impact statement is a document in which you describe, in your own words, the impacts the crime has had on you.

Impacts include

• physical or mental harm, such as an injury, disability or trauma;
• material damage, such as damage to property or a building;
• financial losses.

If you have fears for your own safety or the safety of your family and those close to you, you should express your concerns about possible contact with the offender.

The statement gives you an opportunity to express yourself to both the judge and the offender. The offender’s lawyer will receive a copy of your statement if the offender is found guilty.

A victim impact statement may be completed by

• the victim of the crime;
• a person affected by a crime against another person, such as a member of a victim’s family;
• a person acting on behalf of the victim.

The following people may make a statement on the victim’s behalf, if he or she has died or is unable to complete a statement:

• the victim’s spouse, or the person who was the victim’s spouse at the time of the victim’s death;
• the victim’s de facto partner, or the person who was the victim’s de facto partner at the time of the victim’s death;
• the parent or tutor of a victim who is a child or dependent;
• a dependent of the victim;
• a person who has custody of or responsibility for supporting a dependent of the victim, or to whose care the dependent is entrusted.

The prosecutor takes reasonable steps to ensure that you have an opportunity to make a statement, by informing you about and encouraging you to make a statement and explaining the possibilities for presenting your statement in court.

The judge may postpone sentencing to find out if you wish to attend the sentencing hearing and testify, provided the postponement does not undermine the proper administration of justice.

You can complete your statement using the form Victim Impact Statement (SJ-753b) (PDF 65 Kb).

Printed copies of the form are available from a crime victims assistance centre (CAVAC) .

You can ask for help in completing your impact statement from a caseworker providing victim support at

• a CAVAC;
• a women’s shelter for victims of domestic violence;
• a Centre d’aide et de lutte contre les agressions à caractère sexuel (CALACS, in French only) .

You can include a drawing, poem or letter in your statement to express the impact the crime has had on your life.

Your impact statement must not include

• any statement about the offence, the offender or the offender’s conduct that is not relevant to the harm or loss you suffered;
• any inaccurate or unproven allegations;
• any comments about crimes for which the offender was not convicted, or any conduct for which the offender has not been found non‑responsible;
• any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence;
• an opinion or recommendation about the sentence.

You can ask a CAVAC caseworker to deliver your impact statement for you to the clerk’s office of the courthouse where the proceedings took place.

You can also deliver the impact statement by hand or mail it to the courthouse addressed to

• the clerk’s office of the Court of Québec, Criminal and Penal Division, if the proceedings concern an offender over the age of 18;
• the clerk’s office of the Youth Division, if the offender is a young person aged 12 to 17.

Your impact statement must be received before the date of the sentencing hearing.

Find a courthouse (in French only) 

Several months may elapse between the time when you file your impact statement and the date of the sentencing hearing.

If you experience new physical, mental or financial impacts after filing your impact statement, you can inform the judge, amend your statement and file a new version.

Your impact statement remains confidential until the accused is found guilty, and is kept under seal at the clerk’s office in the courthouse.

If the accused is not found guilty, your impact statement remains confidential and will not be forwarded to any person.

If the accused pleads guilty or is found guilty, the judge, the prosecutor, the accused and the accused’s lawyer will all have access to your impact statement.

In addition, your impact statement is made public unless the judge decides otherwise. It may be read by media representatives.

If the judge has ordered that your identity must be protected, some elements of your impact statement may be published, but nothing that allows you to be identified.

If you wish to read out or summarize your impact statement at the sentencing hearing, you should tell the prosecutor, who will then inform the judge.

You can also complete the form Presentation of the victim impact statement to the court for the purposes of sentencing and notice of change of address (SJ-754A) (PDF 61 Kb), which is a way to officially inform the judge that you wish to attend the hearing. Neither the offender nor the offender’s lawyer will have access to your contact information.

A CAVAC can provide a printed copy of the form.

You can mail your impact statement to the Court of Québec, Criminal and Penal Division (or Youth Division) at the courthouse where the proceedings against the offender were held.

You can also deliver it by hand to the clerk’s office.

The judge will take your availability into account when setting a date for the sentencing hearing. You will be eligible to receive the indemnities and allowances for witnesses (to reimburse some of your expenses).

You will receive a summons, containing all the information you need to prepare for your testimony in court.

See the page Preparing to testify and testifying in court if you are the victim to prepare to testify and find out what services the CAVAC network can provide.

At the hearing, you can read your impact statement or summarize the main elements, speaking from the witness box before the judge.

If you need testimonial aids to make it easier for you to testify, you should talk to the prosecutor, who will pass on the request to the judge if possible in the circumstances. The final decision will be made by the judge.

If you prefer, the prosecutor can read out your impact statement or describe the impact the crime has had on you. You can also ask another person, such as a caseworker from a victim support group, to read out the impact statement on your behalf. However, this must be authorized by the judge.

You should decide, with the prosecutor, how you wish your impact statement to be heard.

If you do not understand, or do not speak, the language used in the proceedings, or if you have hearing difficulties, you are entitled to the services of an interpreter.

If the judge agrees, you can bring along a photograph of yourself taken before the crime, and display it in the courtroom while you read your impact statement. If a relative speaks on behalf of a victim, a photograph can also be displayed.

The offender, or the defence lawyer, may cross-examine you on the contents of your impact statement and may, for example, ask you to give more details about the consequences of the crime and the harm suffered.

The judge must take your impact statement into account when determining the offender’s sentence.

Whether or not you draft a written impact statement, the judge can consider any evidence concerning you when determining the offender’s sentence. This can be taken from your testimony at the sentencing hearing, or from the prosecutor’s description of the impact the crime has had on your life.

The judge may determine the sentence at the sentencing hearing, after hearing from the prosecution and the defence, or may determine the sentence at a later hearing.

If the offender is sentenced to prison, your impact statement will be forwarded to the correctional services authorities and parole boards of Québec and of Canada.

These organizations may rely on your impact statement to analyze the offender’s case while he or she is serving the sentence.

The Commission d’examen des troubles mentaux can also use your impact statement if the offender is found to be not criminally responsible by reason of a mental disorder.

If you want to attend the sentencing hearing for the offender without making an impact statement, you should inform the prosecutor, who will pass on your request to the judge.

The judge will take your availability into account when setting the date of the sentencing hearing.