Criminal Code

Marginal note:Victim impact statement

• 722 (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged pursuant to section 730 in respect of any offence, the court shall consider any statement that may have been prepared in accordance with subsection (2) of a victim of the offence describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.

• Marginal note:Procedure for victim impact statement

  (2) A statement referred to in subsection (1) must be

  • (a) prepared in writing in the form and 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; and

  • (b) filed with the court.

• Marginal note:Presentation of statement

  (2.1) The court shall, on the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (2), or to present the statement in any other manner that the court considers appropriate.

• Marginal note:Evidence concerning victim admissible

  (3) Whether or not a statement has been prepared and filed in accordance with subsection (2), 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.

• Definition of victim

  (4) For the purposes of this section and section 722.2, victim, in relation to an offence,

  • (a) means a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and

  • (b) where the person described in paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in subsection (1), includes the spouse or common-law partner or any relative of that person, anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person.