However, specific rules may apply if the accused has a mental disorder or is a minor. You nonetheless have rights to ensure your participation in these cases. For more information, contact the CJVAC to make an appointment.
Plea bargaining
The prosecutor and the accused may negotiate for the accused to plead guilty without trial. The prosecutor can make an agreement with the accused and present it to the judge without your consent. However, they must consider your interests.
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You can inform the prosecutor that you want to be informed of the negotiations and the agreement. The prosecutor can then inform you of the negotiations and allow you to express the consequences of the crime on your life.
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To learn more and better understand how this may apply to your situation, contact the CJVAC to make an appointment.
Victim Impact Statement
The Victim Impact of Crime Statement allows your voice to be heard in court. It allows you to inform the judge about the consequences that the offence has had on you.
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This statement will be taken into account by the judge when determining the offender's sentence. The accused must therefore have been convicted at the end of his trial or have pleaded guilty.
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How do I make a Victim Impact Statement?
The declaration must be written using a form available on the Justice Québec website.
This document is usually mailed to you at the beginning of the procedures. You can also request a hard copy from the police, the prosecutor or the Crime Victim Assistance Center (CAVAC).
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The CAVAC in your region can help you complete and submit this form.
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What does a Victim Impact Statement contain?
You can be present and read your statement at the sentencing hearing. To do so, you must fill out a form available on the Justice Québec website.
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You can request accommodations to make your return easier to read. For example, you can ask to read it outside the courtroom so that you do not see the offender. You could also have it read by another person, such as the prosecutor or a CAVAC worker.
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For more information on the Victim Impact Statement, you can visit the Éducaloi website.
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The Declaration on Behalf of a Community
The declaration can also be completed by a person on behalf of a community, as the crime can have an impact on the community. Reporting can be important when direct victims are not identifiable. This may be the case for drug trafficking or organized crime.
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The Declaration on behalf of a community form is available on the Justice Québec website.
You can also obtain a hard copy in the CAVAC in your area.
This statement can be read at the sentencing hearing. To do so, you must use the form available on the Justice Québec website.
Specific rules may apply if the accused is mentally ill or is a young person. You also have rights to ensure your participation in these particular cases.
To learn more and better understand how all this can apply to your situation, contact the CJVAC to make an appointment.
Informing the prison system
When the offender is sentenced to prison at the end of the trial, you can provide information to corrections and parole boards. You can provide information about the consequences of the crime, your concerns for your safety or recommendations for conditions of release. This information will be used by these institutions to make decisions about the offender's release.
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If you made a Victim Impact Statement at sentencing, it is usually on file with corrections and parole boards. You can send a statement to the Correctional Service and the Parole Board if you have any new information, concerns or recommendations to make.
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Provincial Jail: Offender Sentenced by Judge to Imprisonment for Less than 2 Years
To submit your written information, you must complete the form on the Website of the Quebec Parole Board.
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You will not be able to attend and present your oral representations during a parole hearing.
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Federal Penitentiary: Offender Sentenced to 2 Years or More
To submit your written information, you must complete the form on the Government of Canada website.
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You can also make a written request to attend the parole hearing. If you wish, you could submit your Victim Impact Statement. You will need to complete the form on the Government of Canada website.
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If you want to know the hearing dates in order to submit your Victim Impact Statement, you must register to receive information.
For more information, you can visit the Government of Canada website.
To learn more and better understand how all this can apply to your situation, contact the CJVAC to make an appointment.