An Exploration of the Needs of Victims of Hate Crimes

Appendix C: Criminal Code Provisions on Victim Impact Statements

722.(1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharge 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.

Procedure for victim impact statement

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

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.

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,

R.S., 1985, c. C-46, s. 722; 1995, c.22, s.6; 1999, c.25, s.17 (Preamble); 2000, c.12, s.95

Copy of statement

722.1 The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

1995, c.22, s.6; 1999, c.25. s.18 (Preamble)