National Defence Act

Marginal note:Duty to consider victim impact statement

• 203.6 (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged absolutely in respect of any offence, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

• Marginal note:Filing of statement

  (2) The victim’s statement must be filed in accordance with regulations made by the Governor in Council.

• Marginal note:Presentation of statement

  (3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, 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) subject to subsection 203.7(4), reading it outside the courtroom 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 martial considers appropriate.

• Marginal note:Evidence concerning victim admissible

  (4) Whether or not a statement has been prepared and filed in accordance with this section, the court martial 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 determining whether the offender should be discharged absolutely.