Victim’s right to seek restitution
Victims have the right to have the court consider making a restitution order for their financial losses and to have any unpaid amount enforced through a civil court.
Changes to the Criminal Code
Right to seek restitution
- Victims are allowed to describe at sentencing the losses they have suffered because of the crime committed against them.
- A standard form is available for victims to help them claim their losses. The amounts claimed must be easy to calculate and based on records of actual financial loss. The amount can only include losses up to the date that the offender is sentenced (future losses cannot be included).
- Courts need to consider ordering restitution for all offences.
- An offender's ability to pay is only one consideration that a court must weigh in deciding whether to order restitution.
- Courts can include information about payment schedules in their judgment.
Financial Losses
Restitution and Victims of Crime
Text version
Restitution is the money the Court orders an offender to pay the victim for financial losses the victim suffered as a result of the offender’s crime and incurred up to the time of sentencing. A restitution order is made by the Court as part of the sentence imposed on the offender for the crime they committed.
As soon as possible after the crime – The victim should start recording their financial losses as soon as possible after the crime.
Accused found guilty – If the accused has been found guilty, the next step is for the Court to decide on an appropriate sentence.
Sentencing hearing – Before sentencing the offender, the Court must ask if the victim of the crime has been given the chance to tell the prosecutor if they want restitution.
Court considers restitution – It is the victim’s right to have the Court consider making a restitution order against the offender. The prosecutor or victim services can help the victim give the Court the information it needs to make this decision.
Sentencing decision: Restitution is ordered - When the Court orders an offender to pay restitution, the offender must pay the amount ordered in accordance with the Court Order.
Sentencing decision: Restitution is not ordered - If the Court does not order restitution, there is nothing else the victim can do to get restitution from a criminal court. This would not however, prevent the victim from seeking compensation for damages incurred through a civil trial.
Court gives reasons - If the prosecutor has told the Court that the victim is seeking restitution and the Court does not order restitution, the Court must include a statement in the record of the Court’s reasons for not making an order for restitution.
Offender does not pay - If the offender fails to pay the restitution by the day the Court Order specifies or to make a regular payment required under the Court Order, the victim has the right to file the order in civil court to collect the money they are owed.
Civil Enforcement - If the victim chooses to enforce the order in civil court, they are responsible for filing the order. If the victim chooses not to take the order to civil court, the Court cannot enforce the order.
For more information, see the Restitution fact sheet.
Disclaimer: This infographic contains general information only, and is not intended as legal advice.
A judge can order restitution for financial losses related to:
- Damaged or lost property due to the crime;
- Physical injury or psychological harm due to the crime;
- Physical injury due to the arrest or attempted arrest of the offender;
- Costs for temporary housing, food, childcare and transportation due to moving out of the offender's household (this only applies if a victim has moved because they had been physically harmed or threatened with physical harm due to the offence, arrest, or attempted arrest of the offender); and,
- Costs that victims of identity theft had to pay to re-establish their identity, and to correct their credit history and their credit rating.
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