2 Literature review

2.1 Participation and submission trends

Canadian research suggests that Victim Impact Statements (VIS) are identified in a small proportion of cases. In a multi-site criminal court processing study, VIS were identified in 9% to 11% of eligible cases (Lindsay, 2015). Earlier research found similar patterns: judges surveyed in three jurisdictions reported that VIS were submitted in approximately 8% of cases in British Columbia, 11% in Manitoba, and 13% in Alberta (Roberts & Edgar, 2006).

Community Impact Statements (CIS) appear to be used infrequently and are not systematically tracked. A national case law review identified 77 reported decisions discussing CIS between 2015 and 2022 (Manikis, 2022). No prior research was identified on the use of VIS in review board proceedings involving accused found not criminally responsible on account of mental disorder (NCR).

At the federal corrections and conditional release stage, Victim Statements also appear in a small proportion of conditional release reviews. A PBC study found that 8.6% of completed conditional release reviews between 2018/2019 and 2022/2023 had a Victim Statement on file, compared with 29.8% that had a VIS on file from sentencing (Clark, 2026). Among reviews with a VIS on file from sentencing, 19.2% also had a Victim Statement on file. This suggests that statement participation at sentencing and at conditional release are distinct processes, and that victims may not remain engaged or submit updated information at later stages. Over the same period, the number of reviews with a Victim Statement on file increased by 94.6%, while reviews with a VIS on file increased by 35.3% (Clark, 2026).

Available research suggests that VIS and Victim Statements are more likely to be submitted in serious cases and are often associated with violent offences, particularly assault, sexual offences, and offences involving death (Clark, 2026; Dufour et al., 2023; Lindsay, 2015).

2.2 Barriers to submission

Although VIS, CIS, and Victim Statements can provide an important opportunity to participate in the justice process, not all eligible victims choose or are able to submit a statement. For some victims, not submitting a statement may reflect agency and informed choice; for others, it may reflect emotional, practical, or procedural barriers.

Reported barriers include fear, safety concerns, reluctance to revisit the offence, uncertainty about how the statement will be used, and concern about whether submitting a statement will make a difference. Victims may also face limited preparation time, insufficient help, and literacy or language barriers (Clark, 2026; Dufour, 2021; LePage, 2022). Some victims may also worry about re-traumatization or about personal information being disclosed to the offender.

Earlier Canadian research identified implementation barriers such as inconsistent notification practices, limited follow-up, and concern about defence objections or cross-examination (Prairie Research Associates Inc., 2004; Roberts, 2008). In federal corrections and conditional release context, victims have reported similar concerns, including believing that their Victim Statement would not affect the decision, not wanting the statement shared with the offender, and finding it emotionally difficult to write or update the statement (Clark, 2026; Office of the Federal Ombudsperson for Victims of Crime [OFOVC], 2025).

Awareness of these participation tools and related rights also remains limited. Earlier Canadian polling found limited public knowledge of VIS: 40% of respondents reported having no knowledge at all, and another 30% reported having only a little knowledge (McDonald & Scrim, 2011). More recent findings suggest that awareness of the Canadian Victims Bill of Rights (CVBR) remains low among both the general population and victims and survivors of crime. In the 2022 National Justice Survey, only 17% of all respondents reported being aware of the CVBR before taking the survey, and 42% of respondents who identified as victims or survivors of crime said they had not been aware of it beforehand (Fayyaz & Badets, 2023). At the conditional release stage, a survey of victims registered with the PBC found that 28.6% of those who did not submit a Victim Statement were unaware that this option was available (Clark, 2023).

Research on statement forms and processes also points to accessibility barriers. Readability, form usability, unclear instructions, and broader access constraints may all affect participation (LePage, 2022; Roberts, 2008). These issues may be particularly important for victims who need support to understand, complete, or submit statement forms, or who require more flexible and trauma-informed supports (LePage, 2022; OFOVC, 2025).

2.3 Victim experiences

When victims and communities are able to describe the impacts of crime in their own words and have those impacts considered, the process can be meaningful, validating, or empowering for some participants (Clark, 2023; De Mesmaecker, 2012; Manikis, 2015). Positive experiences are often linked to clear and timely information, practical help preparing statements, regular contact, and supportive interactions with justice system personnel (Clark, 2023; Prairie Research Associates Inc., 2004).

However, some victims describe the process as emotionally difficult, frustrating, or disappointing, particularly where support, preparation, or follow-up are limited (Clark, 2023; De Mesmaecker, 2012; OFOVC, 2025). Recent work focused on survivors of sexual violence highlights concerns about late notice, limited help with preparing statements, excessive redaction, and tensions between privacy and participation, particularly in post-conviction contexts (OFOVC, 2025). Overall, the literature suggests that these tools can provide a meaningful opportunity for participation, but victims’ experiences vary depending on the process, available supports, and the stage of the justice system.