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If a person pleads guilty to a crime or is found guilty by a judge or jury, they will be sentenced. Victims can play a role in the sentencing process.
Victims have the right to have a judge consider the impact the crime on them during sentencing.
If an accused pleads guilty or is found guilty, they will be sentenced. There are a wide range of sentences possible for most crimes. The law usually sets a maximum and sometimes a minimum sentence for each crime. A judge rarely gives the maximum sentence. The maximum sentence is for the worst offender who has committed the worst type of the offence. For some offences, the judge has no choice in sentencing. For example, a person who is convicted of murder must be sentenced to life imprisonment.
The judge decides on the sentence by looking at the circumstances surrounding the offence. These circumstances include the impact the crime has had on the victim and whether the victim suffered financial losses that they want the offender to pay.
For more information, see our page on Sentencing.
Victims have the right to present a victim impact statement and have it considered. It tells the court how the crime has affected the victim.
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A victim impact statement gives you a chance to let the court know how the crime has affected your life. It can be filled out by anyone that the police, Crown prosecutor or Victim Services identify as having been harmed or having suffered a physical, emotional or financial loss as the result of a reported crime. All victims must be informed that they can prepare a statement. All victims can decide for themselves whether they want to complete a victim impact statement.
A victim may be deceased or incapable of making a statement because of illness, or another reason. In this case, a statement can be filled in by a relative or a person who is responsible for caring for the victim or a dependent of the victim.
In some cases where there is more than one person who has been affected by the crime, a community impact statement can be filed. This statement is made by one person on behalf of the community that is affected by the crime.
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In the statement, you can describe any physical, emotional or financial impacts of the crime. The statement is about you, not the accused, and should describe how the crime has affected you. You can include any losses you have suffered because of the crime. You should identify your relationship to the offence and to any other victims of the offence. You need to include any concerns you have about probation conditions. For example, if you do not want any contact with the accused it is important to state this.
Certain things should not be included in a victim impact statement. Information about the facts of the offence should not be included. This kind of information is usually given in any statements you made to the police about the crime or in testimony in court. Vengeful comments and complaints about the justice system and how the case was handled should not be included. Although the judge will consider how the crime has affected you when sentencing an offender, you should not include sentencing suggestions. It is up to the judge to decide on a sentence.
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The police or Victim Services will provide you with a form to fill out and sign. Forms are also available online. You may receive assistance in filling out the form, but it must be completed in your own words. Your writing must be readable. If you want to complete a victim impact statement but cannot write it out in either English or French, you should discuss this with the police, Victims Services or the Crown prosecutor. It may be possible for your statement to be recorded and presented in a different way.
Since sentencing may take place earlier than expected, it is a good idea to prepare your victim impact statement ahead of the anticipated court date. You may update your statement any time before sentencing by contacting the police or the Crown prosecutor.
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If the case goes to court, the Crown prosecutor must disclose the victim impact statement to the accused. It will only be filed with the court if there is a finding of guilt. Once your statement is filed with the court, it becomes a public document. This means that it will be seen by many people responsible for the administration of justice. This could include, for example:
If you testify at a preliminary hearing, trial or sentencing hearing, you may be cross-examined by the defence lawyer about your victim impact statement.
The judge will consider your statement at the time of sentencing, but they may decide not to allow certain parts of it to be used in court. The judge can postpone sentencing to give you time to prepare a statement, if you have not already done so.
You can ask to read your victim impact statement out loud in court. If you want to read it out loud in court, you must tell the Crown prosecutor. If you do not want to read it yourself, you can ask the judge to have someone read it for you. The judge will decide whether to allow this. You can present your statement in any way that the court approves. Whether the statement is read aloud or not, the judge will consider it when sentencing the offender.
Victims have the right to have the court consider making a restitution order against the offender. If restitution is ordered and not paid, victims have the right to have the order entered as a civil court judgment against the offender.
When a person is convicted of a crime, a judge may order the offender to pay restitution to the victim. Restitution can be ordered to pay for damages or losses a victim has suffered because of the crime. Restitution can only be ordered for things where the dollar amount can be easily determined. It cannot be ordered to compensate for things like pain and suffering.
Restitution can be ordered to cover:
If you would like the judge to consider ordering restitution, you must complete a Statement on Restitution. This form is available from the police, Victim Services or online. Victim Services or Restitution Program Staff can help you fill it out. You must return your form to the local police, RCMP or to the nearest Police-based Victim Service as soon as possible. This will allow the judge to consider it when the offender is sentenced.
You can apply for restitution and still go ahead and repair any damages resulting from the crime. However, it is important to keep all invoices or bills directly related to the damage.
Getting a restitution order does not prevent you from also personally suing the offender. This can allow you to collect amounts that are not included in the restitution order.
If the person is convicted, the judge may ask a probation officer to prepare a report about your loss and the offender's ability to pay. The judge will consider all the facts and decide if restitution should be ordered and, if so, the amount of restitution. If restitution is ordered, you will be told the amount and how much time the offender has been given to pay you.
Restitution may be ordered on its own, as part of a probation order or as part of a conditional sentence. Offenders pay the money to the court and then it is passed on to the victim. Victims can register their restitution orders with the Ministry of Justice at no cost. Collection officers then act on the victim's behalf to collect any unpaid amounts.
Victims have a right to information about offenders when they are in jail. This includes information about their release from jail.
If an offender receives a jail sentence, it means they are kept separated from the public. The sentence the offender receives will determine the type of jail they are kept in.
An adult offender sentenced to less than two years will serve the sentence in a provincial jail. An adult offender who is sentenced to more than two years will serve the sentence in a federal jail. A youth who is sentenced to custody will generally serve the sentence in a youth facility.
An offender will sometimes be allowed in the community while serving a jail sentence. This can be with or without supervision. As well, offenders may not spend their entire sentence in jail. They will often be released into the community under supervision after serving two-thirds of their sentence. This is called statutory release. Offenders may also be released earlier on parole.
In Saskatchewan, the Ministry of Corrections, Policing and Public Safety is responsible for:
For their purposes, they define a victim as anyone who has:
The Ministry considers the victim’s safety and viewpoint in managing an offender's sentence. Victims are informed and consulted when case management plans are developed for offenders. They are also consulted when the Ministry is considering an authorized absence for an offender. In the case of adult offenders, victims will be notified if an authorized absence is granted. They will inform victims of the location, conditions and duration of the authorized absence.
The Ministry will normally communicate directly with the victim unless the victim has asked that there not be any contact. Victims can also ask that contact be made through a Victim Services agency. If the victim is under 18, contact is normally made with the parent or legal guardian of the victim.
The Correctional Service Canada (CSC) oversees offenders in federal jails and when they are released from a federal jail. CSC can provide victims with information about the offender. Victims can provide information to the CSC about the impact the crime has had as well as any safety concerns they may have.
CSC considers anyone who has suffered physical or emotional harm, property damage or economic loss as the result of a crime to be a victim. If a victim is deceased or cannot act for themselves, people close to the victim can act for the victim including:
Victims and any member of the public can request certain basic information about offenders in a federal jail. This includes information such as:
Information will not automatically be provided to victims. Some victims do not want any further information about the offender. If you want to receive information, you must fill out an application or register with the CSC through their Victims Portal. If you do not want to receive information directly, you can give someone else written permission to receive it on your behalf.
If you meet the definition of victim, you can request additional information not normally disclosed to the public. The victim can receive this information if the victim's need to receive it outweighs the need to protect the offender's privacy. Additional information that may be disclosed includes things like:
As a victim, you can also chose to provide information to the CSC. You can tell them about any safety concerns you have and how the crime has affected you or your family. You can also give the CSC information about the offender. If you filed a Victim Impact Statement when the offender was sentenced, CSC will get a copy. You do not need to repeat the information you put in your statement.
You can provide information anonymously by calling 1-866-780-3784 any time of the day or night. You can also provide a written Victim Statement.
CSC will use your information when making decisions about the offender's correctional plan. They will also use your information when deciding about an offender's release into the community. If the information is used to make a decision about the offender, it must be shared with the offender. However, things like your contact information will not be shared.
The judge may order the offender not to contact you while the offender is in a federal jail. If the judge has made a non-contact order and you are contacted by the offender, you should advise CSC. If the judge has not made a non-contact order, but you do not wish to be contacted by the offender, you can let CSC know. They will make every effort to stop the offender from contacting you by telephone or mail.
Restorative Opportunities is a CSC program. It allows victims of crime with an opportunity to communicate with an offender in a federal jail in a safe, structured environment. Through this process, victims may:
The program is flexible and voluntary. Victims do not have to take part. The program uses trained and experienced mediators. There are a number of ways victims can communicate with the offender, including by letter or video messages. Victims do not need to have face-to-face contact with the offender. Victims who wish to participate begin by contacting the Restorative Opportunities Coordinator by:
Victims have the right to information about the timing of the federal offender's conditional release and the conditions of that release.
Parole allows an offender to serve part of their jail sentence in the community subject to certain conditions. Information from the victim can be considered in deciding whether to grant parole.
The Parole Board of Canada decides whether to grant, deny or revoke parole for an offender. Parole allows offenders to serve part of their sentence in the community. During this time, they are under strict conditions and supervision. If the conditions of parole are not met, the offender can be sent back to prison.
If the offender is in a federal jail, victims generally have the right to know, among other things:
However, this information is only provided if victims have requested it.
It is important to understand that parole and statutory release are different things. For more information, see Parole, Statutory Release & Criminal Records.
When making decisions about parole, the main concern of the Board is community safety. They consider the risk to the community and whether that risk can be managed.
The Board will also consider information from the victim. Victims may provide information to the Board about things like:
Information about the crime from the victim's perspective can help the Board assess whether the offender understands the harm done. This can help to show whether the person is likely to commit another crime. Victims may also have information that is relevant to an offender's release plans. For example, the Board might order the offender not to contact a victim or not to be around children.
The law requires the Board to disclose to the offender any information provided by a victim that will be considered when deciding about their release. The victim's personal information, such as their address and phone number, is not disclosed. Victims can provide information at any time. However, if you want the information to be considered at the parole hearing or you want to read a statement, you must give it in writing 30 days before the hearing. This gives the Board time to disclose the information to the offender as required by law.
You can ask for a copy of any decision, such as a decision granting parole, from the Board.
The statement should provide information about the continuing impact of the crime. This could include any physical, emotional, medical or financial consequences. The statement should also include any concerns that a victim has for their own or others' safety if the offender is released and why the victim has these concerns.
Sometimes, victims want to attend the parole hearing and read their statement. If you want to attend a hearing, you should apply in writing as early as possible, preferably at least 30 days before the hearing. You can also apply for financial assistance to cover travel, hotel and meal expenses, for you and your support person. This application should be made at least 30 days before the hearing date. Applications for financial assistance are made to the Department of Justice Victims Fund.
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