section 279(1.21)

INTRODUCTION AND BRIEF DESCRIPTION

The court must consider the age and vulnerability of the victim when imposing a sentence under paragraph (1.1)(a.2) of the Criminal Code of Canada.

SECTION WORDING

279(1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.

EXPLANATION

Section 279(1.21) of the Criminal Code of Canada is a provision that requires the court to consider the age and vulnerability of a victim while imposing a sentence under paragraph (1.1)(a.2). This section of the Code recognizes that some victims may be more vulnerable than others, and as a result, require greater protection and consideration from the court. This section is particularly relevant in cases of sexual assault, where victims who are young, mentally disabled, or elderly may be especially vulnerable to the actions of their attackers. These victims may not have the same capacity to defend themselves or to report the crime, and may suffer more severe emotional and psychological harm as a result. By requiring the court to consider the age and vulnerability of the victim, this provision seeks to ensure that vulnerable victims are not further victimized by the justice system. The provision acknowledges that these victims require greater protection and support, and that sentences must reflect the unique circumstances of each case. For example, if a victim is a child or a person with a mental disability, the court may choose to impose a more severe sentence on the offender, to reflect the vulnerability and harm caused to the victim. Additionally, the provision allows for the court to consider alternative forms of sentencing, such as rehabilitation, that may be more appropriate for vulnerable victims. Overall, section 279(1.21) reinforces the importance of protecting and supporting vulnerable victims in the criminal justice system, and acknowledges that the age and vulnerability of the victim should be a key consideration in imposing a sentence.

COMMENTARY

Section 279(1.21) of the Criminal Code of Canada is an important legal provision that requires courts to consider the age and vulnerability of a victim while imposing a sentence in cases of criminal offences like sexual assault, human trafficking, and exploitation. The provision is particularly significant because it recognizes the unique position of vulnerable individuals, such as children, the elderly, and individuals with disabilities, who are often at a higher risk of being victimized by perpetrators of crimes. The provision is intended to ensure that the court's sentencing decision factors in the nature and severity of the crime, as well as the harm caused to the victim. By highlighting the victim's age and vulnerability, the provision acknowledges that crimes against these individuals are especially heinous and require a different level of scrutiny and consideration. The court must consider the physical, emotional, and psychological effects of the crime on the victim, and how it may impact their future well-being or quality of life. The court's consideration of the victim's age and vulnerability serves not only to ensure that the offender is held accountable for the severity of the crime but also to provide a measure of justice for the victim. Particularly in cases of child abuse or exploitation, the provision recognizes the long-term effects of these crimes and addresses the need for restitution and support for the victim. In some cases, the legislated requirement to take into account the victim's age and vulnerability may result in a more significant sentence for the offender. This is because the provision emphasizes the harm done to a vulnerable victim is a serious offence and warrants a sentence commensurate with the gravity of the offence. It may also result in a prison sentence that takes into account the unique needs of the victim and proactively provides rehabilitative measures. In addition, section 279(1.21) of the Criminal Code of Canada also has an impact on the social attitudes toward vulnerable individuals as victims of a crime. It promotes a collective responsibility among members of society to ensure that these individuals are treated with the same dignity, respect, and protection as any other member of society. It is worth noting that some might question whether the provision is necessary. After all, isn't it implicit in sentencing decisions to consider the damage caused to the victim? However, research and anecdotal evidence demonstrate that prior to the provision's implementation, some offenders received comparatively lesser sentences for comparable crimes against vulnerable victims than they might have otherwise received. In conclusion, the legal requirement that courts consider the age and vulnerability of the victim in sentencing decisions is a fundamental provision in the Canadian Criminal Code. It promotes responsibility, accountability, and just outcomes in cases of criminal offences that involve vulnerable individuals. It is a vital step towards ensuring a fair, equitable legal system that, in turn, leads to greater social equality, shared responsibility, and likely, a safer and more secure society.

STRATEGY

Section 279(1.21) of the Criminal Code of Canada is an important provision that governs the sentencing of offenders who commit certain sexual offences against vulnerable victims such as children, persons with disabilities, and others. This provision requires the court to take into account the age and vulnerability of the victim when imposing a sentence. There are several strategic considerations when dealing with this section of the Criminal Code, and some strategies that can be employed to enhance its effectiveness. One strategic consideration when dealing with section 279(1.21) is to understand the nature of the offence and the harm caused to the victim. For example, offences like sexual assault and sexual interference can have a significant impact on the victim's physical, emotional, and psychological well-being. Therefore, it's important to assess the degree of harm caused by the offender and how it relates to the age and vulnerability of the victim. The court may need to consider expert evidence from mental health professionals, social workers, or other professionals to fully understand the extent of the harm caused. Another strategic consideration when dealing with this section is to understand the principles of sentencing in Canada. The primary objectives of sentencing are to protect society, to denounce and deter criminal conduct, to promote rehabilitation, and to provide reparations to victims. In light of these objectives, the court must determine an appropriate sentence that achieves these goals while taking into account the age and vulnerability of the victim. For instance, if the offender is a first-time offender who shows genuine remorse for their actions, the court may consider a sentence that emphasizes rehabilitation over punishment. However, if the offender is a repeat offender who has demonstrated an ongoing pattern of harm to vulnerable individuals, the court may prioritize protection of society and deterrence through a more punitive sentence. A third strategic consideration when dealing with section 279(1.21) is the importance of victim impact statements. A victim impact statement is a written or spoken statement that describes the physical, emotional, and financial harm suffered by the victim of a crime. These statements can be incredibly powerful in helping the court understand the impact of the crime on the victim, their family, and the community. It's essential to ensure that the victim has an opportunity to provide a victim impact statement and that the court takes it into account when determining an appropriate sentence. In terms of specific strategies that can be employed when dealing with section 279(1.21), some options include: - Seeking a victim impact assessment: A victim impact assessment is a more in-depth evaluation of the harm suffered by the victim and is often conducted by a mental health professional or social worker. This assessment can provide more detailed evidence about the impact of the crime on the victim, which can be useful in sentencing. - Recommending a psychological assessment of the offender: If the court is considering a sentence that involves rehabilitation and reintegration into the community, it may be helpful to have a psychological evaluation of the offender. This assessment can identify any underlying issues that contributed to the offending behaviour, such as substance abuse, mental health issues, or personality disorders. Treatment for these issues can be incorporated into the sentence to promote rehabilitation and reduce the risk of reoffending. - Advocating for restorative justice: Restorative justice is a process that involves bringing together the offender, victim, and community members to work together on repairing the harm caused by the crime. This process can be particularly effective in cases involving vulnerable victims as it emphasizes repairing the harm rather than punishment. Restorative justice can be incorporated into a sentence through conditional sentencing or as a standalone sentence. - Requesting a longer sentence: In cases where the victim is particularly vulnerable or the harm caused is significant, it may be appropriate to seek a longer sentence. This strategy prioritizes protection of society and deterrence over rehabilitation. In conclusion, section 279(1.21) of the Criminal Code of Canada is an important provision that requires the court to take into account the age and vulnerability of the victim when determining an appropriate sentence in certain sexual offences cases. When dealing with this section, it's essential to consider the nature of the offence, the principles of sentencing in Canada, and the importance of victim impact statements. Specific strategies that can be employed include seeking a victim impact assessment, recommending a psychological assessment of the offender, advocating for restorative justice, and requesting a longer sentence. These strategies can help ensure that vulnerable victims are protected and that perpetrators are held accountable for their crimes.