Review Board

Information for Victims


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Victims and the Review Board Process

Pursuant to section 672.5 (15.2) of the Criminal Code, when a court makes a verdict of not criminally responsible on account of mental disorder (NCRMD), the court or Review Board is required to make an inquiry of the prosecutor (Crown) or a victim of the offence, or any person representing the victim, whether the victim has been advised of the opportunity to prepare a victim impact statement.

The Canadian Victims Bill of Rights and The Victims' Bill of Rights (Manitoba legislation) defines a "victim" as:

  • the victim of the offence or alleged offence
  • their family members and loved ones
  • a dependent
  • a person responsible for the victim (such as a legal guardian)
  • a person responsible for the dependent of the victim

Following is a description of the rights and involvement that both victims or representatives of victims may have.


Victims' Right to Information

Under the Canadian Victims Bill of Rights and The Victims' Bill of Rights, a victim or representative of a victim may request two types of information:

  1. General information about the Review Board including the victim's role in the Review Board process, the services and programs that may be available, as well as information about the victim's rights.
  2. Information about hearings held for the purposes of making dispositions with respect to an accused, as well as the dispositions themselves.

Victim Impact Statement

A victim of an offence is entitled to submit a Victim Impact Statement to the Review Board. A Victim Impact Statement is a way for the victim to tell the Review Board how the offence affected him or her. The Victim Impact Statement will not be used in deciding the disposition at the hearing but may be considered by the Review Board.


Is a Victim required to submit a Victim Impact Statement?

No. A victim is not required to submit a Victim Impact Statement.


Who will see the Victim Impact Statement?

The Victim Impact Statement is not confidential. If a victim chooses to submit a Victim Impact Statement, the Review Board is required by law to distribute the Victim Impact Statement to the Crown attorney assigned to the matter, the accused or lawyer for the accused. The Victim Impact Statement may also be presented at the hearing and recorded on the court record.


Information to be Included in the Victim Impact Statement

A Victim Impact Statement should speak only to the emotional, physical, and financial impact the offence has had on the victim.

A Victim Impact Statement should be truthful and accurate and include the following:

  • details of any physical and/or emotional injuries suffered by the victim as a result of the offence
  • outline any treatment or therapy the victim may have received or needed
  • details of any financial loss the victim may have suffered, including:
    • the cost of insurance deductibles
    • time lost from work
    • medical expenses not covered by insurance

A Victim Impact Statement should not include any of the following:

  • any sensitive personal information, such as the victim's address or telephone number in the Victim Impact Statement
  • any statement about the conduct of the accused that is not relevant to the harm or loss suffered by the victim
  • any unproven allegations
  • any comments about any conduct for which the accused who was found not criminally responsible
  • any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence
  • except with the Review Board's approval, an opinion or recommendation about the disposition

If the victim includes statements or comments that are not supposed to be included in the Victim Impact Statement, the Victim Impact Statement may be refused by the Review Board.


How to Submit a Victim Impact Statement

Further information regarding victims' rights, set out in Part XX.1 of the Mental Disorder Provisions of the Criminal Code, can be found on the Government of Canada, Justice Laws Website including the Victim Impact Statement form (Form 48.2). The link for the form is included here.

Victims may also contact Manitoba Justice Victim Services, a government organization which supports victims of serious crimes. Victim Services helps people access their rights and understand their responsibilities. Victim Services will also provide assistance with the preparation of a Victim Impact Statement. Victim Services can be reached here.


Where to Submit a Victim Impact Statement

A Victim Impact Statement may be sent by email to manitobareviewboard@gov.mb.ca, or by mail to:

Manitoba Criminal Code Review Board
235 – 405 Broadway
Winnipeg, MB R3C 3L6


Deadline for Submitting a Victim Impact Statement

The deadline for submitting a Victim Impact Statement to the Review Board is at least one week prior to the date scheduled for the hearing of the accused.


Victim Attendance at Hearings

A victim who would like notification of a hearing date and/or would like to be present at the accused's hearing should contact the Review Board Administrator by email at manitobareviewboard@gov.mb.ca.


Presentation of Victim Impact Statements

A victim is entitled to read his or her Victim Impact Statement at the accused's hearing. If the victim does not wish to read his or her statement, it will still be provided to all parties and will still be part of the evidence at the hearing.

A victim who would like to read his or her Victim Impact Statement should contact the Review Board in advance of the hearing so appropriate arrangements may be made.


Notice of Future Hearings

Unless an accused is given an absolute discharge from the Review Board's jurisdiction, the accused will be required to attend annually before the Review Board for a hearing. If a victim would like to be advised annually of the hearing or may in the future wish to submit a further Victim Impact Statement, the victim must ensure that he or she notifies the Review Board that the victim would like notice of hearings AND the victim must advise the Review Board of any changes to the victim's contact information. While the Review Board will provide notice to a victim of an upcoming Review Board hearing, it will do so only where notice has been requested and it has contact information for the victim. The onus rests with the victim to ensure that current contact information is maintained with the Review Board should the victim wish to be notified of hearings.


Frequently Asked Questions

As a victim of crime, you have a right to submit a Victim Impact Statement to the Review Board. It is your way to tell the Review Board how the crime has affected you. The statement is your description of the emotional, physical and financial harm the crime has done to you.

Any victim of crime can prepare a statement. If the victim is deceased, or is incapable of providing a statement, a spouse, a relative or a guardian may do so. If the victim is a minor, the child's parent or legal guardian may write a statement on their behalf. Business owners, whose businesses have been affected by crime, may also prepare a statement. Someone else may help you write your statement, as long as it includes only your thoughts and feelings.

Victim Impact Statements speak only to the emotional, physical and financial impact the crime has had on you. Your statement may not be used by the Review Board if you include information that should not be in the statement.

When writing your statement, you should:

  • be truthful and accurate
  • give details of any physical and/or emotional injuries you have suffered because of the crime
  • outline any treatment or therapy you may have received or needed
  • give details of any financial loss you may have suffered, including:
    • the cost of insurance deductibles
    • time lost from work
    • medical expenses not covered by insurance

Yes. You should not include any:

  • statement about the conduct of the accused that is not relevant to the harm or loss suffered by you
  • comment on the details of the offence or suggest a sentence that the judge should impose
  • statements about offences for which the offender was not convicted or any unproven allegations
  • criticism of the offender, the judge, the Crown attorney, the defence lawyer, or any individual who was involved in the investigation or prosecution of the offence

Such comments may cause the Review Board to refuse your statement. Your statement must only be about the effect the crime has had on you.

No. It is your choice.

The Victim Impact Statement is not confidential once it is submitted to the Review Board.

Once your statement has been submitted, its contents will be reviewed. Your statement is required by law to be forwarded to the Crown Attorney and to the accused and/or the accused's lawyer.

You can tell the Crown attorney that you want to present your statement by reading it aloud at the Review Board hearing, or you can ask the Crown attorney to read your statement aloud on your behalf. When you read your statement, you cannot change or add to it in any way.

The form is available on the Government of Canada, Justice Laws Website including the Victim Impact Statement form (Form 48.2). The link for the form is included here

For more information, or help in preparing a Victim Impact Statement, please call Victim Services at 204-945-6851 in Winnipeg, or toll-free at 1-866-4-VICTIM (1-866-484-2846).



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