Victim restitution and recovery

About restitution

Restitution is when an offender pays you back for expenses related to their crime. You can ask for restitution if the person:

• is found guilty of the crime
• has not been sentenced, yet

Asking for restitution is:

• voluntary
• a way to hold an offender accountable for their crime

Restitution must be court ordered – that means a judge orders it.

Young offenders

You can ask for restitution from a young offender. There are limits – for example, the judge may order restitution as community service rather than money.

Statement on restitution

Someone must be charged for the crime, first. After that, submit the Community Impact Statement as soon as you can because the:

• accused may plead guilty right away
• judge must have the statement before sentencing

What you can claim

Expenses must be directly related to the crime. Examples of expenses you can claim:

• lost wages
• value of wrecked, broken or stolen property
• costs to get pictures taken off the internet or other digital network
• costs to fix your identity and credit rating because of identity theft
• moving expenses out of an offender’s house – including costs for:
  • food
  • childcare
  • transportation
  • temporary housing
• costs to get help for physical or psychological harm – like counselling or physiotherapy, for example
• losses from something you bought or lent money for, but did not know it was stolen

What you cannot claim

You cannot claim expenses for:

• pain or suffering
• anything paid by other sources – for example:
  • insurance payouts
  • benefits or services from other programs
• amounts more than the value of the wrecked or broken item(s)
• future expenses after the offender is sentenced, like long-term counselling or medical costs

Restitution recovery

You can have the Restitution Recovery Program try to get money from the offender if:

• you opt in to the program before sentencing
• the offender has not paid by the due date

There is a check box at the end of the Statement on Restitution to opt in or opt out of the program.

How to make the statement

Step 1. Fill out the form

Download and fill out the Statement on Restitution form.

Make copies of your receipts.

Step 2. Submit the form and receipts

Keep the original receipts and a copy of the statement for your records. Remember, the Crown Prosecution Office must receive your statement before the offender is sentenced. Allow enough time for the Crown to get the Statement on Restitution form.

You can send the statement by:

• email
• mail
• delivery

Send it to one of these places:

• the Crown Prosecution office where the trial will be
• your local victim services unit
• the arresting police service or RCMP detachment

Resources

• Restitution brochure

Contact

Connect with a Victims Services Unit:

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