Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Sentencing is up to the judge. You can let the Prosecutor or police and the judge know how a crime has impacted you and any concerns you have about sentencing. One way to do this is by making a Victim Impact Statement.
Sentencing is always up to the judge hearing the case. You have the right to let the Prosecutor and the judge know how the crime impacted you, any concerns you have about the type of sentence that is ordered or anything else you feel is important the judge or the Prosecutor knows. One way you can do this is through a Victim Impact Statement. Anyone who has been harmed or suffered a loss because of a crime can make a statement to be considered by the court in sentencing the accused.
In a Victim Impact Statement, you can describe any physical, emotional or financial impacts the crime has had on you. The statement is about you, not the accused, and should describe how the crime has affected you and any losses you have suffered because of the crime. You should include any concerns you have about any sentence, including any conditions that might be placed on the accused. For example, if you do not want any contact with the accused it is important to state this.
You can get a Victim Impact Statement form from a Victim Services Program or the Indigenous Resource Officer Program. You can also ask a court worker for the form if you do not want to go to Victim Services. You may also be able to get assistance from your First Nation, Tribal Council, Métis Nation-Saskatchewan or another Indigenous governing body or organization. You can have someone help you complete the form but it is important that it is in your own words. You can complete the form at any time before the accused is sentenced.
It is important to know that a Victim Impact Statement goes first to the Prosecutor and will also be given to the accused as a part of disclosure. It will only be filed with the court if the accused is found guilty and at that point, it becomes a public document and might later also be used by probation officers or corrections staff. If you do not file a statement initially but decide later that you want to do so, the judge can (but does not have to) postpone sentencing to give you a chance to do so.
If you want your Victim Impact Statement to be read out loud in court, you can ask to do this or to have someone else do it for you. Whether it is read out loud or not, it will be considered by the judge at the time of sentencing.
