The victim impact statement should not include opinion evidence and should be confined to discussing the harm suffered by the victim. The VIS should not encourage or urge a certain sentencing outcome. Doing so runs the risk of steering the sentence imposed based on revenge.
Regardless of whether the prosecution office, or the personnel administering the program designated by the Province of Ontario (under s. 722(2)(a) of the Code), is principally involved with the victim(s), there should be some pre-filing gatekeeper function exercised in terms of ensuring that the victim impact statement(s) comply with the Criminal Code requirements. In this way, victim disappointment will be avoided
R. v. Gabriel, 1999 CanLII 15050 (ON SC)
