Criminal Code of Canada - section 380.4(2) - Procedure

section 380.4(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires that victim impact statements be written, filed with the court, and explain how it reflects the communitys views.

SECTION WORDING

380.4(2) The statement must (a) be prepared in writing and filed with the court; (b) identify the community on whose behalf the statement is made; and (c) explain how the statement reflects the community’s views.

EXPLANATION

Section 380.4(2) of the Criminal Code of Canada outlines the requirements for a victim impact statement to be admissible in court. Victim impact statements are written accounts of the harm and suffering caused by a criminal offense, as experienced by the victim and their loved ones. These statements are incredibly powerful tools for judges and juries to understand the full impact of a crime and to determine appropriate sentencing. In order for a victim impact statement to be considered admissible in court, it must meet the criteria set out in Section 380.4(2). First, it must be prepared in writing and filed with the court. This ensures that the statement can be properly recorded and considered by all parties involved in the case. Second, the victim impact statement must identify the community on whose behalf the statement is made. This aspect of the statement is important because it ensures that the court understands the broader impact of the crime on the community as a whole, beyond just the individual victim. Finally, the victim impact statement must explain how the statement reflects the community's views. This requirement serves to ensure that the statement is not just an individual account of harm, but rather a representation of the broader community's feelings about the crime and its impact. Overall, Section 380.4(2) is an essential component of the criminal justice system in Canada. It ensures that victim impact statements are properly prepared, filed, and considered in court, and that the broader impact of a crime on the community is taken into account when determining an appropriate sentence.

COMMENTARY

Section 380.4(2) of the Criminal Code of Canada outlines the requirements for a community impact statement, which is a statement prepared by a community impacted by a crime in order to provide their perspective and express the harm caused by the crime. Community impact statements are an important tool in the criminal justice system as they help to ensure that the voices of victims and affected communities are heard and taken into account in the sentencing process. The first requirement outlined in section 380.4(2) is that the statement must be prepared in writing and filed with the court. This ensures that the statement is a formal and official part of the sentencing process, and is subject to the same scrutiny and analysis as any other evidence presented in court. It also ensures that the statement is included in the court record and can be accessed by future courts and researchers. The second requirement is that the statement must identify the community on whose behalf it is made. This helps to ensure that the statement is representative of a specific community impacted by the crime, rather than an individual perspective. This could include a geographic community, such as a neighborhood or city, or a community of interest, such as a group of people who share a common characteristic or experience, such as survivors of sexual assault. By ensuring that the community is identified, the court can better understand the context of the statement and the experiences of the community impacted by the crime. The third requirement is that the statement must explain how it reflects the community's views. This helps to ensure that the statement accurately represents the perspectives and experiences of the community, rather than the individual who prepared the statement. It also helps to ensure that the community is engaged in the process of creating the statement, and that their voices are heard and respected. By requiring an explanation of how the statement reflects the community's views, the court can better understand the process by which the statement was created and the degree to which it is representative of the community. Overall, section 380.4(2) of the Criminal Code of Canada is an important provision that helps to ensure that communities impacted by crimes have a voice in the criminal justice system. By requiring that community impact statements are written, filed, and reflective of the community's views, this provision helps to ensure that these statements are an accurate and meaningful expression of the harm caused by the crime. As such, community impact statements are an important tool in the pursuit of justice and accountability for victims and communities impacted by crime.

STRATEGY

Section 380.4(2) of the Criminal Code of Canada requires a victim impact statement to be prepared in writing, filed with the court, and to identify the community on whose behalf the statement is made. It also demands that the statement explains how it reflects the community's views. This section of the Criminal Code of Canada highlights the importance of community needs for support, action, and dialogue when it comes to the impact of criminal actions. Criminal actors often cause a ripple effect of harm that extends well beyond the immediate victim. Therefore, it is vital for strategic considerations that not only focus on the particular victim but the broader community as well. One strategic consideration surrounding section 380.4(2) is that the statement should be comprehensive and cover the full extent of the harm suffered by the victim and the community. To achieve this, it is essential to fully consult with the community on the impact of the crime, generate feedback, and incorporate input when formulating the statement. This input is critical in reflecting the views of the larger community. Advocates should ensure they engage with various sectors and affected parties, including community or faith-based organizations, the victim's family, and colleagues, to understand the harm caused. Another strategic consideration is to balance the victim's welfare with the needs of the community. Section 380.4(2) indicates that the statement should reflect the larger community's views and identify the community on whose behalf the statement is made. Therefore, those preparing the statement must be careful not to rely solely on the victim's situation but to show how the crime impacts the community as a whole. This approach speaks to a community-centered strategy that also supports the victim. To effectively address the criteria under section 380.4(2), strategies that could be employed include using different mediums to reach out to the affected community. It is essential to note that different communities will require unique approaches. In some cases, one-on-one meetings may be necessary, while in others, public meetings and forums may be more effective. Online engagement, newsletters, mail-outs, and phone calls may also enable the sharing of information and garnering of feedback. Sufficient time must be given to ensure all views are taken into account when preparing the statement. Extensive media coverage and public awareness campaigns could promote dialogue and encourage the sharing of experiences, leading to a better understanding of the harm caused and how the community can support the victim and each other. In conclusion, to effectively comply with section 380.4(2), the strategic consideration should focus on comprehensive preparation, involving the community, balancing victim welfare with the community's needs, and employing broad-based strategies to reach all stakeholders. Where possible, it should serve as an opportunity to raise awareness about the harms of crime and promote community dialogue around support and action.