INTRODUCTION AND BRIEF DESCRIPTION
Courts must consider victim impact statements when determining the sentence for an offender or whether to discharge them.
SECTION WORDING
722(1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged pursuant to section 730 in respect of any offence, the court shall consider any statement that may have been prepared in accordance with subsection (2) of a victim of the offence describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.
EXPLANATION
Section 722(1) of the Criminal Code of Canada lays down the requirement that any statement prepared by a victim of the offence describing the harm or loss suffered by them be considered by the court while determining the appropriate sentence for the offender. This provision recognizes that the impact of a crime extends beyond the perpetrator and that victims and their families also suffer in significant ways. It ensures that the voices of those who have been affected by crime are heard during sentencing and that the judge has a full understanding of the harm inflicted by the offender. The statement prepared by the victim is known as a victim impact statement (VIS), and it can be submitted by the victim or their family members to be taken into consideration at the sentencing hearing. The VIS can provide a firsthand account of the physical, emotional, and financial effects of the crime on the victim and their loved ones. Through this provision, the Canadian justice system highlights the importance of empathy and accountability in the sentencing process, and advocates for the rights of victims. Ultimately, section 722(1) ensures that the sentence imposed on an offender is not solely based on legal factors but also considered the impact of the offense on the victim and the community.
COMMENTARY
Section 722(1) of the Criminal Code of Canada is an important piece of legislation that places great emphasis on the role of the victim in criminal proceedings. It recognizes the fact that when a crime is committed, it not only affects the accused but also the victim, who may suffer harm or loss as a result. The section, therefore, requires the court to take into consideration any statement that may have been prepared by the victim of the offence to determine the sentence to be imposed on the offender, or whether the offender should be discharged. The purpose of this section is to ensure that the victim of an offence is heard and that their voice is taken into account when determining the outcome of a criminal proceeding. It recognizes that the victim is an important stakeholder in the justice system and that their interests must be considered. It also acknowledges the fact that the impact of a crime on a victim can be severe, and can often extend far beyond the immediate physical harm or loss suffered. The section further highlights the importance of victim impact statements in providing a complete picture of the impact of the crime on the victim's life. A victim impact statement is a written or oral statement submitted to the court by the victim or someone representing them, describing the harm done to or loss suffered by the victim as a result of the crime. It may also include information on the victim's recovery, their emotional and psychological state, and any future treatment or support needed. The inclusion of victim impact statements in the court's decision-making process has several benefits. Firstly, it allows victims to have a say in the outcome of the defendant's sentence. Victims may feel helpless or powerless after being victimized, and this can help them regain some control over the situation. Second, it communicates the seriousness of the crime to the court, as the statement may provide details on the impact of the crime that may not be evident from the charges alone. Finally, it may provide the court with information that may help in determining an appropriate sentence based on the severity of the impact of the offence on the victim. However, it is important to note that the use of victim impact statements is not without criticism. Critics argue that the use of such statements may lead to a focus on the victim's suffering rather than the offence itself. There may also be concerns about the accuracy of the statements as they may be subject to bias or emotional distress. Additionally, some argue that the use of victim impact statements may violate the principle of proportionality, as the sentence should correspond to the severity of the offence rather than the harm or loss suffered by the victim. Overall, section 722(1) of the Criminal Code of Canada is an important aspect of the justice system that recognizes the important role of victims in criminal proceedings. It ensures that their voices are heard, and their interests are considered when determining the outcome of a criminal proceeding. Although there may be some concerns regarding the use of victim impact statements, their inclusion brings greater accountability and transparency to the justice system.
STRATEGY
Section 722(1) of the Criminal Code of Canada mandates that the court shall consider any statement prepared by a victim of a crime while deciding the sentence or discharging an offender. This provision aims to take into account the harm caused to victims and their families by the actions of the offender. It is essential to understand the strategic considerations when dealing with this section of the Criminal Code of Canada to ensure that victims receive fair treatment, and the offender does not get an undue advantage. One of the crucial strategic considerations in dealing with Section 722(1) is ensuring that victims prepare an impact statement effectively. A victim impact statement is a document prepared by a victim or someone affected by the crime that describes the harm, including physical, emotional, and financial losses, caused by the crime. The statement should also contain information about how the crime affected the victim's life, such as their ability to work, their relationship with family and friends, and other aspects of their daily lives. A well-crafted impact statement can help the court make a more informed decision about the offender's sentence. Another strategic consideration is what information should be included in the impact statement. Victims can include details about their injuries, medical bills, lost wages, and the cost of replacing damaged property. They can also provide information on how the crime has affected their mental and emotional well-being, such as anxiety, depression, and post-traumatic stress disorder. Additionally, they can express how the crime has affected their relationships with family, friends, and colleagues, as well as their ability to participate in activities they previously enjoyed. The statement should reflect the victim's thoughts and feelings, making it a powerful statement of the harm caused. Victims also need to be aware of the impact their statement may have on the offender. It is essential to avoid making statements that could be perceived as inflammatory or vengeful, as this could result in the offender receiving a harsher sentence. Instead, it is essential to focus the statement on the harm caused by the crime, its effects on the victim, and their feelings about the event. The strategic considerations for lawyers representing offenders are different from those representing victims. Offenders' lawyers can challenge the impact statement's accuracy or completeness by cross-examining the victim. They can also provide mitigating evidence regarding the offender's character or challenging the prosecutor's evidence. If the impact statement is emotional or inflaming, lawyers may ask the judge to disregard the statement or minimize its effect on the sentencing decision. In conclusion, Section 722(1) of the Criminal Code of Canada provides victims with a vital opportunity to describe the harm done and the loss suffered as a result of the crime. Strategic considerations when dealing with this provision include creating an effective impact statement, ensuring its accuracy and completeness, and being mindful of how it may affect the offender. The offender's lawyers can work to challenge the victim's statement or mitigate the sentence imposed. Ultimately, Section 722(1) aims to ensure that the sentence imposed is fair and reflects the harm caused by the offender's actions.