Victims & the Justice System

What is a Victim Impact Statement?
Under provisions of the Criminal Code of Canada and the Youth Criminal Justice Act, a Victim Impact Statement allows you to express in writing to a Judge how being a victim of crime has affected you and those close to you.

The purpose of the Victim Impact Statement is to describe how the crime has affected you emotionally and physically and the effect it has had on your life. If charges are laid, and if the accused person is found guilty, your Victim Impact Statement will be considered by the Judge during sentencing.

Who May Prepare a Victim Impact Statement?
Anyone who is a victim of a crime may complete a Victim Impact Statement. In a case where the victim has died or is incapable of preparing a Victim Impact Statement, the Victim Impact Statement may be prepared by a spouse or relative.

Do I Have to Prepare a Victim Impact Statement?
No. Your Victim Impact Statement is voluntary. It provides you with an opportunity to participate in the criminal justice system by describing how the offence has affected you and those close to you.

• Information about what kind of information is appropriate to include in your Victim Impact Statement
• Where to get assistance in actually writing your Victim Impact Statement; and
• Where to submit the Victim Impact Statement when it is completed.
• A friend or family member may be able to help you to write your Victim Impact Statement.

Will the Offender See My Victim Impact Statement?
Yes. After a finding of guilt and before sentencing, your Victim Impact Statement will be provided to the defence lawyer and the offender, as well as the Judge and the Crown prosecutor.

For that reason, do not write anything in the Victim Impact Statement that you do not want the offender to read.

Can I Read My Victim Impact Statement in Court?
Yes. Please check the appropriate box on the blue Victim Impact Statement envelope indicating whether or not you wish to read your Victim Impact Statement aloud to the Court.

How and When will My Victim Impact Statement be Used?
After a finding of guilt, and before sentencing
After a finding of guilt and before the offender is sentenced, your Victim Impact Statement will be provided to the Court. The Victim Impact Statement will be considered by the Judge at the time the offender is sentenced.

The Judge, the Crown prosecutor, the defence lawyer and the offender will receive copies of your Victim Impact Statement. At the sentencing hearing, you may be cross-examined on the contents of your Victim Impact Statement.

Please note that sentencing can occur at any time.
For example, if an accused person pleads guilty, sentencing could occur on short notice. In order for a Victim Impact Statement to be considered in these circumstances, it should be at the courthouse as soon as possible.

After sentencing
If the offender is sentenced to probation or jail, your Victim Impact Statement will be provided to provincial or federal correctional authorities and the National Parole Board.

You may also be able to read your Victim Impact Statement at National Parole Board hearings. If you require further information, contact the National Parole Board toll-free at 1-888-616-5277.

If the accused person is found "Not criminally responsible on account of mental disorder," your Victim Impact Statement will be provided to the Alberta Review Board. The Board may allow you to present your Victim Impact Statement in person. It can also take steps to protect your identity.

[ Information from Alberta Solicitor General and Public Security website ]

The Financial Benefits Program was created by the Alberta Victims of Crime Act in 1997. The fund is fully supported by surcharges on provincial offence fines and surcharges imposed by the courts under the Criminal Code of Canada.

The Financial Benefits Program recognizes or acknowledges victims who were injured as a direct result of a violent crime in Alberta. It provides direct assistance with a one-time financial benefit based on the severity of the victims' injuries. The benefit amount is set in the regulation to the Act.

Who Is Eligible?
Victims who have suffered a physical or emotional injury as a direct result of being a victim of violent crime that occurred in Alberta.

• The crime must have been reported to the police within a reasonable period of time and the victim must cooperate with the investigation into the incident.
• The application must be received within two years of the date of the incident. Charges do not have to be laid. Exceptions might include someone who was hospitalized for an extended period of time suffering from a brain injury, or if the victim was a child and the parent or guardian did not apply on the child's behalf.
• The applicant must cooperate with the Financial Benefits Program and provide authorization to make inquires and obtain the information necessary to make a decision on the application.
• If the crime resulted in death, a surviving family member or any other person acting on behalf of the deceased may apply for a death benefit. There is only one benefit awarded for a deceased victim and it may be split among eligible survivors.

The program recognizes child victims and significantly incapacitated adults are not in a position to apply on their own. In those instances, a guardian or someone acting on the victim's behalf may apply.

Not Eligible?

• Individuals charged and convicted of an offense as a result of the incident
• Secondary victims such as family members of the victim or witness to the crime
• Victims of motor vehicle or property offenses such as impaired driving or break and entry.

How to Apply:
Application forms are available from the Financial Benefits program, Victim Services Units, or through the Government of Alberta website. Complete the form and mail it in.

The time it takes: The average time is about four months, but this can vary greatly.

Review Process: The Criminal Injuries Review Board is an appointed board with the authority to conduct independent review of the financial benefits decisions. The decision letter provided to applicants includes information on the review process.

Further Information:
Alberta Solicitor General and Public Security
Victims of Crime
Financial Benefits Program
10th Floor, 10365  97 Street, NW
Edmonton, AB  T5J 3W7

If you have suffered a financial loss as a result of a crime, you may have the right to seek restitution from the offender. Restitution may also be south from young offenders, however limitations apply.

Restitution is a way for the offender to repay the victim for losses.

How to Apply
Victims are required to complete a Request for Restitution form which will be provided to you by the police or by Victim Services. If you are not offered one, please ask for one. Once you have filled out the form return it to the police as quickly as possible. The person applying for restitution must provide documentation indicating the amount of the loss. An example might be a receipt or a written estimate.

The form is needed quickly as the offender may please guilty early. After an offender is found guilty, the judge can consider restitution when sentencing.

Emergency Protection Orders
Emergency Protection Orders address the immediate safety of victims of family violence. An EPO can order an abuser not to go to places where the victim regularly goes and not to communicate with the victim. The EPO can allow the victim to stay in the home and order the abuser to leave.

An EPO can be applied for 24 hours/day, seven days a week. There is no cost. The EPO must be scheduled for review in the Court of Queen’s Bench no later than nine working days after it is granted to review the information.

Queen's Bench Protection Orders
Queen's Bench Protection Orders cover the same types of things than in EPO does. Where an EPO is for the immediate safety of a victim of family violence, a Queen's Bench Protection Order provides for longer germ planning and protection. It can be issued for up to one year. Additional conditions can be added to the Order. For example, it can order the abuser to reimburse the victim for loss of money or finances resulting from family violence. It can say which party can temporarily possess personal property. It can authorize counseling for a child without the consent of the abuse. A Queen's Bench Protection Order can be granted when an EPO is reviewed. It can only be applied for by a victim.

Warrant Permitting Entry
A Warrant Permitting Entry allows a police officer to enter a location named in the warrant to search for, assist, or examine a family member and, with their consent, remove a victim for their safety. A Warrant Permitting Entry can only be applied for by the police.

Wetaskiwin and District Victim Services provides support for victims of crime. Our role is to work in the Criminal Justice system.

Family law is civil law. For people who need support with Divorce, Separation, Child Custody and other such issues, Victim Services will make the appropriate referral.

Occasionally criminal law and civil law cross over. For example, Restitution forms are provided by Victim Services for victims for out-of -pocket expenses incurred as a result of a crime. When Resitution is ordered by a judge, it is a civil document. Another example is Emergency Protection Orders.  A civil document,  EPO's are important court orders that can be obtained through a Justice of the Peace for emergency family violence situations. EPO's are civil orders but are often obtained by the police with Victim Services support.

Another area where civil law and criminal law are closely connected is with Children's Services. It is the law that children at risk must be reported to Children's Services. The police work closely with Children's Services when they are investigating crimes and find that children are in any way involved.