section 721(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows provincial governments to create regulations on the types of offences and content of reports required by courts.

SECTION WORDING

721(2) The lieutenant governor in council of a province may make regulations respecting the types of offences for which a court may require a report, and respecting the content and form of the report.

EXPLANATION

Section 721(2) of the Criminal Code of Canada pertains to the powers of the lieutenant governor in council of a province to make regulations about the types of offences for which a report may be required by a court and the content and form of such reports. The purpose of this provision is to allow provinces to establish a framework for how reports are made and what information is included in these reports. Reports are statements that are provided to a court to aid in determining the appropriate sentence for an offender. The information provided in the report can include the offender's personal history, their level of responsibility for the crime, the impact of their actions on the victim(s), and any other relevant factors that may affect the sentence. By making regulations about the types of offences for which a report may be required, the lieutenant governor in council of a province can ensure that only the most serious offences are considered in this way. This can help to improve the efficiency of the justice system by minimizing the time and resources spent on less serious cases where a report is unnecessary. In addition, by regulating the content and form of reports, provinces can ensure that courts have access to all the necessary information needed to make an informed decision about sentencing. This can help to provide consistency in sentencing practices across different cases and jurisdictions. Overall, section 721(2) is an important provision in the Criminal Code of Canada as it enables provinces to establish clear guidelines for how reports are required and created in criminal cases, thereby promoting fairness and accountability in the justice system.

COMMENTARY

Section 721(2) of the Criminal Code of Canada is a provision that grants the lieutenant governor in council of a province the power to make regulations regarding the types of offenses a court may require a report for, as well as the content and form of the report. In essence, this section ensures that courts have access to pertinent information and reports when dealing with a criminal case, providing them with a better understanding of all the facts surrounding an offense. The ability of courts to require a report is a crucial aspect of the justice system, as it enables them to make informed decisions and arrive at a fair and just verdict. By allowing the lieutenant governor in council of a province to make regulations regarding these reports, it ensures that the information being presented to the court is of a consistent quality and helpful in making legal decisions. The section empowers the Provincial Governments to have some degree of say in the way that the justice system operates. Each province may have its own unique set of regulations and guidelines concerning the types of offenses court can require a report for, as well as the content and form of these reports. This level of regional autonomy is important as it recognizes that each province may have unique challenges, cultural differences, and varying standards of criminal justice. By allowing for regional input into the regulation-making process, the justice system can better reflect the needs, ideals, and values of the communities it serves. The content and form of reports mandated by the regulation is of great importance, as it affects the quality and accuracy of information that courts base their decisions on. The reports should be comprehensive and reliable, providing a detailed picture of the offender's circumstances, background, and conduct. The regulations may set out guidelines on the minimum and maximum attributes of these reports, including the manner in which they should be presented. This ensures that the information provided is understandable, accessible, and of a consistent quality throughout the province's courts. Overall, section 721(2) of the Criminal Code of Canada recognizes the importance of providing courts with relevant and reliable information when dealing with criminal cases. It also recognizes the importance of regional considerations in shaping the Canadian justice system. By empowering the Provincial Governments and allowing for the implementation of regulations and guidelines, the justice system can better reflect the needs and values of the communities it serves, thereby increasing its efficiency and effectiveness. Ultimately, it supports the goal of ensuring that the legal system is fair and just for all.

STRATEGY

Section 721(2) of the Criminal Code of Canada gives the Lieutenant Governor in Council of a province the power to make regulations concerning the content and form of reports that may be requested by the court. This section requires strategic considerations when dealing with it, primarily because of its implications regarding the administration of justice and its impact on the lives of the affected parties. One of the primary strategic considerations when dealing with this section of the Criminal Code of Canada is to ensure that it is in line with the constitutional provisions. Every law or regulation that is made under this section must not be against any provision of the Canadian Constitution. In particular, it must respect the Canadian Charter of Rights and Freedoms. Any regulation that contravenes the Charter could be struck down, and the court might consider it to be of no force and effect. Another strategic consideration is ensuring that the types of offences for which the court may require a report are well defined and well-understood by all stakeholders. The regulations made should be specific and objective to avoid any form of ambiguity. Well-defined regulations provide the accused with certainty and assist judges in making informed decisions. This ensures that the administration of justice is transparent and fair. A third strategic consideration is the impact of these reports on the accused. Reports mandated by the court under this section are often associated with stigma and can have profound psychological and social implications. It is therefore essential to ensure that any regulation made under this section is mindful of the accused, the offence committed, and the social implications. It's important to ensure that any reports required by the court are not unnecessary or overly intrusive. A fourth strategic consideration is the impact on society. Regulations made under this section should consider the societal impact of a sentence that may follow from requiring a report. It is paramount to consider all social interests in a bid to ensure that everyone's rights are respected and that nothing undermines public confidence in the administration of justice. To employ effective strategies for dealing with this section of the Criminal Code of Canada, one could adopt a multi-stakeholder approach. This would involve including all stakeholders in the discussions around the regulations that should be put in place. The trial judges should be involved in the rule-making process because they are the ones who know the practical implications of the regulations. Accused persons and their representatives should also be involved in the discussions around regulations made under this section. Furthermore, input from the victim's representatives is vital in ensuring that the regulations are well-balanced. Another strategy that could be employed is the periodic review of any regulation enacted under this section. This would ensure that the regulations remain relevant and up to date, given that societal values and expectations tend to change over time. Regular reviews would also ensure that any regulations that prove to be relevant are retained, and those that become redundant are discarded. In conclusion, Section 721(2) of the Criminal Code of Canada requires strategic considerations when dealing with it. It is essential to ensure that the regulations enacted under this section are constitutional, specific, and mindful of the psychological and social implications that come with requiring a report. The employment of multi-stakeholder involvement in the rule-making process and periodic reviews of any regulation enacted under this section are among the strategies that could be adopted to ensure that the regulations remain relevant and effective.