Marginal note:Community impact statement

• 722.2 (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 made by an individual on a community’s behalf that was prepared in accordance with this section and filed with the court describing the harm or loss suffered by the community as the result of the commission of the offence and the impact of the offence on the community.

• Marginal note:Form

  (2) The statement must be prepared in writing, using Form 34.3 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.

• Marginal note:Presentation of statement

  (3) The court shall, on the request of the individual making the statement, permit the individual to present the statement by

  • (a) reading it;

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

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

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

• Marginal note:Conditions of exclusion

  (4) The individual making the statement shall not present it 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.

• Marginal note:Copy of statement

  (5) The clerk of the court shall, as soon as feasible after a finding of guilt, provide a copy of the statement to the offender or counsel for the offender, and to the prosecutor.

• (a) cause a copy of the order to be given to the offender and, on request, to the victim;

• Marginal note:Time for payment

  (4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.

Marginal note:Court to consider restitution order

• 737.1 (1) If an offender is convicted or is discharged under section 730 of an offence, the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739.

• Marginal note:Inquiry by court

  (2) As soon as feasible after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.

• Marginal note:Adjournment

  (3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

• Marginal note:Form

  (4) Victims and other persons may indicate whether they are seeking restitution by completing Form 34.1 in Part XXVIII or a form approved for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses and damages, the amount of which must be readily ascertainable, in the same manner.

• Marginal note:Reasons

  (5) If a victim seeks restitution and the court does not make a restitution order, it shall include in the record a statement of the court’s reasons for not doing so.

Marginal note:Ability to pay

739.1 The offender’s financial means or ability to pay does not prevent the court from making an order under section 738 or 739.

Marginal note:Payment under order

739.2 In making an order under section 738 or 739, the court shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court is of the opinion that the amount should be paid in instalments, in which case the court shall set out a periodic payment scheme in the order.

Marginal note:More than one person

739.3 An order under section 738 or 739 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid.

Marginal note:Public authority

• 739.4 (1) On the request of a person in whose favour an order under section 738 or 739 would be made, the court may make the order in favour of a public authority, designated by the regulations, who is to be responsible for enforcing the order and remitting to the person making the request all amounts received under it.

• Marginal note:Orders

  (2) The lieutenant governor in council of a province may, by order, designate any person or body as a public authority for the purpose of subsection (1).

Marginal note:Enforcing restitution order

• 741. (1) An offender who fails to pay all of the amount that is ordered to be paid under section 732.1, 738, 739 or 742.3 by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order and the person to whom the amount, or the periodic payment, as the case may be, was to be made may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Marginal note:Notice of orders of restitution

741.1 If a court makes an order of restitution under section 738 or 739, it shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid, and if it is to be paid to a public authority designated by regulations made under subsection 739.4(2), to the public authority and the person to whom the public authority is to remit amounts received under the order.

• (a) cause a copy of the order to be given to the offender and, on request, to the victim;

Canada,

Province of ,

(territorial division).

To the court that is sentencing (name the offender) who was convicted, or was discharged under section 730 of the Criminal Code, of an offence under that Act.

I, (name of declarant), declare that (check the appropriate box):

• [ ] (i) 

  I am not seeking restitution for the losses and damages I suffered as the result of the commission of the offence.
• [ ] (ii) 

  I am seeking restitution in the amount of $ for the following losses and damages I suffered as the result of the commission of the offence.

I declare that I have suffered the following losses and damages as the result of the commission of the offence:

(Complete the following table if seeking restitution.)

I understand that the amount of my losses and damages must be readily ascertainable by the court. For that purpose, I am responsible for providing the court with all necessary documents, including bills, receipts and estimates, in support of my claim for restitution.

Dated this day of 20, at .

Signature of declarant

This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space.

Your statement must not include

• • any statement about the offence or the offender that is not relevant to the harm or loss you suffered;

• • any unproven allegations;

• • any comments about any offence for which the offender was not convicted;

• • any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or

• • except with the court’s approval, an opinion or recommendation about the sentence.

You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Describe how the offence has affected you emotionally. For example, think of

• • your lifestyle and activities;

• • your relationships with others such as your spouse, family and friends;

• • your ability to work, attend school or study; and

• • your feelings, emotions and reactions as they relate to the offence.

Physical impact

Describe how the offence has affected you physically. For example, think of

• • ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;

• • hospitalization or surgery you have had because of the offence;

• • treatment, physiotherapy or medication you have been prescribed;

• • the need for any further treatment or the expectation that you will receive further treatment; and

• • any permanent or long-term disability.

Economic impact

Describe how the offence has affected you financially. For example, think of

• • the value of any property that was lost or damaged and the cost of repairs or replacement;

• • any financial loss due to missed time from work;

• • the cost of any medical expenses, therapy or counselling;

• • any costs or losses that are not covered by insurance.

Please note that this is not an application for compensation or restitution.

Fears for security

Describe any fears you have for your security or that of your family and friends. For example, think of

• • concerns with respect to contact with the offender; and

• • concerns with respect to contact between the offender and members of your family or close friends.

Drawing, poem or letter

You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.

•  I would like to present my statement in court.

To the best of my knowledge, the information contained in this statement is true.

Dated this day of 20, at .

Signature of declarant

If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim.

Dated this day of 20, at .

Signature of declarant

This form may be used to provide a description of the harm or loss suffered by a community as the result of the commission of an offence, as well as a description of the impact of the offence on the community. You may attach additional pages if you need more space.

Your statement must not include

• • any statement about the offence or the offender that is not relevant to the harm or loss suffered by the community;

• • any unproven allegations;

• • any comments about any offence for which the offender was not convicted;

• • any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or

• • except with the court’s approval, an opinion or recommendation about the sentence.

Name of community on whose behalf the statement is made:

Explain how the statement reflects this community’s views:

You may present a detailed account of the impact the offence has had on the community. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Describe how the offence has affected community members emotionally. For example, think of

• • community members’ lifestyles and activities;

• • community members’ relationships with others in the community and outside it;

• • community members’ ability to work, attend school or study;

• • community members’ feelings, emotions and reactions as they relate to the offence; and

• • the community’s sense of belonging to the region.

Physical impact

Describe how the offence has affected community members physically. For example, think of

• • the ability of community members to access services; and

• • changes in transportation and routes taken to and from school, work, shopping, etc.

Economic impact

Describe how the offence has affected the community financially. For example, think of

• • any reduction in the number of visitors or tourists to the region;

• • the value of any property that was lost or damaged and the cost of repairs or replacement; and

• • any costs or losses that are not covered by insurance.

Please note that this is not an application for compensation or restitution.

Fears for security

Describe any fears that community members have for their security or that of their family and friends. For example, think of concerns with respect to contact with the offender.

Drawing, poem or letter

You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on the community.

•  I would like to present this statement in court.

To the best of my knowledge, the information contained in this statement is true.

Dated this day of 20, at .

Signature of declarant