INTRODUCTION AND BRIEF DESCRIPTION
This section allows the court to consider a statement from a community about the harm or losses caused by an offence when determining the sentence or potential discharge of the offender.
SECTION WORDING
380.4(1) For greater certainty, for the purpose of determining the sentence to be imposed on an offender, or whether the offender should be discharged under section 730, in respect of an offence referred to in subsection 380(1), the court may consider a statement made by a person on a community’s behalf describing the harm done to, or losses suffered by, the community arising from the commission of the offence.
EXPLANATION
Section 380.4(1) of the Criminal Code of Canada is a provision that allows the court to consider the impact of an offence on the community when determining the sentence to be imposed on an offender. The provision is applicable to offences referred to in subsection 380(1) of the Criminal Code, which relates to fraud and fraudulent transactions. In practical terms, the provision allows for a statement to be made by a person on behalf of the community, describing the harm and losses inflicted by the offence. This statement will be presented to the court when considering the sentence to be imposed on the offender or deciding whether the offender should be discharged under section 730. The community can include individuals who were directly affected by the offence, such as victims of fraud, as well as the wider community impacted by the offence. The aim is to provide a clear understanding of the harm caused, the scale of the losses suffered and the broader impact on society. This provision recognizes that an offence can have far-reaching consequences beyond the immediate victim and serves to highlight the seriousness of fraud offences. Judges are encouraged to consider the community impact statement when determining the most appropriate sentence that reflects the severity of the offence and provides a measure of justice for those affected. Overall, Section 380.4(1) emphasizes the importance of community impact when considering the sentence for an offender and recognizes that crimes can have repercussions that extend beyond the immediate victim.
COMMENTARY
Section 380.4(1) of the Criminal Code of Canada serves as a powerful reminder that criminal actions do not only affect the immediate victim but also the community at large. This provision recognizes that a crime's impact goes beyond the individual involved and can ripple through society, causing harm and losses, ultimately leading to significant economic and social costs for communities. Therefore, in sentencing offenders of offenses referred to in subsection 380(1) (including fraud, theft, and mischief), the court can consider a statement from a community describing the harm or losses suffered due to the crime. The inclusion of this provision in the Criminal Code is significant for several reasons. Firstly, it emphasizes the importance of community involvement in the justice system, which has too often been seen as a purely legal or judicial matter. It recognizes that the community is a stakeholder in the justice system and deserves to have a voice in matters involving crime and punishment as much as the victim or offender. Secondly, the provision facilitates restorative justice principles, which prioritize the healing process for everyone involved in a crime, including the community. The statement from the community provides an opportunity for all affected parties to come together, understand the harm done, and work towards repairing the damage caused. In utilizing this statement, the courts can ensure that sentencing decisions consider the full extent of the harm a crime has caused, not just to the victim but to the community as well. By including the community's views and experiences, offenders may better understand the impact of their actions and may be more likely to make amends for their wrongdoings, both to individuals and the wider community. Finally, this provision reflects the government's efforts to address the economic and social cost of crime. The Criminal Code recognizes that certain criminal acts can cause significant harm to a community, resulting in economic and social losses and costs that can exceed any direct monetary harm. By allowing the court to consider these broader community impacts, the justice system can help to reduce these costs and prevent the wider social harms that crimes can cause. In conclusion, Section 380.4(1) of the Criminal Code of Canada is an essential provision that reminds us of the importance of community involvement in the justice system. It recognizes that criminal acts can have far-reaching impacts on communities, and it empowers these communities to have a voice in the sentencing process. By doing so, it promotes restorative justice principles and helps to reduce the economic and social costs of crime. It serves as a powerful reminder that we cannot overlook the harm caused by criminal actions and should consider all those affected when seeking justice.
STRATEGY
Section 380.4(1) of the Criminal Code of Canada allows for a court to consider a statement made by a person on behalf of a community when determining the sentence to be imposed on an offender or whether the offender should be discharged under section 730 in respect of an offence referred to in subsection 380(1). This provision opens up the possibility for communities to have a voice in the criminal justice process and for the court to consider the broader impact of an offence on the affected community. One strategic consideration when dealing with this section of the Criminal Code is to identify who could make a statement on the community's behalf. This could include representatives from a community group or organization, victim services providers, or individuals directly impacted by the offence. It is important to choose someone who can clearly articulate the harm done to, or losses suffered by, the community arising from the commission of the offence. Another strategic consideration is to ensure that the statement is well-prepared and provides compelling evidence of the impact of the offence on the community. The statement should ideally include specific examples of how the offence has affected community members and the community as a whole. For example, if a small business was impacted by a fraud offence, the statement could include information on the financial losses suffered by the business, the impact on employees, and the broader effect on the local economy. It is also important to consider the timing of submitting the statement. It should be submitted in a timely manner to ensure that the court has sufficient opportunity to consider it before making a decision on sentence or discharge. Additionally, if there are multiple communities impacted by the offence, it may be helpful to coordinate among them to ensure that their statements are consistent and complementary. Strategies that could be employed to effectively use Section 380.4(1) include working with victim services providers, community organizations, and other stakeholders to prepare a comprehensive statement that clearly outlines the impact of the offence on the community. It may also be helpful to engage legal counsel who have experience in advocating for community statements and who can effectively present the information to the court. Finally, it is important to understand that this provision does not guarantee that the court will consider the community statement or that it will ultimately have an impact on the sentence or discharge decision. However, ensuring that a well-prepared statement is submitted and effectively presented can increase the likelihood that the court will consider it and take it into account when making its decision.