Criminal Code of Canada - section 722.1

section 722.1

INTRODUCTION AND BRIEF DESCRIPTION

The clerk of the court must give a copy of a statement to the offender and prosecutor after a finding of guilt.

SECTION WORDING

722.1 The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

EXPLANATION

Section 722.1 of the Criminal Code of Canada is a procedural provision that mandates the clerk of the court to provide a copy of a statement referred to in subsection 722(1) to the offender or their counsel and the prosecutor as soon as possible after the finding of guilt. Subsection 722(1) specifies that the court may request the offender to provide a statement describing the harm, damage or loss caused to the victim or community by the commission of the offense. The purpose of Section 722.1 is to ensure that the offender is aware of the statement and its contents. It also provides the opportunity for the offender to respond and rebut the statement if necessary before the sentencing stage. The statement may impact the sentence imposed by the court by providing information about the impact of the offense on the victim or community. This section is significant for ensuring due process and procedural fairness in the criminal justice system. By providing the same information to both the offender and the prosecutor, it allows for transparency and fairness in the sentencing process, allowing both parties to present evidence and arguments to the court. This provision helps to uphold the principles of rehabilitation, proportionality, and just punishment. Overall, Section 722.1 is a necessary tool for ensuring that the offender is given a fair opportunity to review and respond to the contents of the statement, which may have a significant effect on the offender's sentence. The provision contributes to the goal of achieving justice for all parties involved in the criminal justice system.

COMMENTARY

Section 722.1 of the Criminal Code of Canada is of great significance as it establishes the manner in which the clerk of the court is to provide a copy of a statement to an offender or their counsel as well as the prosecutor, after a finding of guilt. This provision is aimed at ensuring transparency, accountability and fairness in the criminal justice system. It is an essential component of the right to a fair trial, which is enshrined in the Canadian Charter of Rights and Freedoms. It is important to note that section 722.1 of the Criminal Code of Canada is closely linked to section 722(1), which requires the court to consider a victim impact statement before imposing a sentence on an offender who has been found guilty of an offence. The victim impact statement provides an opportunity for victims to express the harm they have suffered as a result of the crime and to participate in the criminal justice process. In practical terms, section 722.1 of the Criminal Code of Canada means that the clerk of the court must ensure that a copy of the victim impact statement is provided to the offender or their counsel, and to the prosecutor. This must be done as soon as practicable after a finding of guilt. This provision recognizes the importance of providing the offender with an opportunity to learn about the harm caused by their actions, and to consider the impact of their conduct on the victim. Moreover, it allows the offender or their counsel to respond to the statement if there are errors or omissions, which can inform the sentencing process. The provision of a copy of the victim impact statement to the prosecutor is equally important. It enables the prosecutor to take into account the harm caused by the offence when making a sentencing recommendation to the court. It also ensures that the prosecutor is aware of the impact of the offence on the victim, which can inform decisions about plea bargaining or other aspects of the case. The requirement in section 722.1 of the Criminal Code of Canada that the statement be provided as soon as practicable after a finding of guilt is significant. It ensures that the victim impact statement is fresh in the minds of all parties, which can be especially important if there is a delay between the finding of guilt and the sentencing hearing. It also ensures that the offender and the prosecutor have sufficient time to review the statement and respond if necessary. In conclusion, section 722.1 of the Criminal Code of Canada is an essential provision that ensures the fair, transparent and accountable administration of justice. It recognizes the importance of victim impact statements in the criminal justice process, and ensures that all parties have access to the statement as soon as possible after a finding of guilt. This provision is an essential component of a fair and just criminal justice system.

STRATEGY

Section 722.1 of the Criminal Code of Canada is a critical provision that outlines the responsibilities of court clerks in providing copies of statements to the offender or their counsel and the prosecutor. The provision is essential because it ensures that all parties have access to a copy of the statement made by the offender, which is an essential document required for sentencing. In handling this provision, there are several strategic considerations that lawyers need to keep in mind. Some of these considerations include the timing of the request for the statement, the quality of the pleadings, and the relationship between the offender, their counsel, and the prosecutor. One of the most critical strategic considerations when dealing with this section of the Criminal Code of Canada is the timing of the request for the statement. The provision stipulates that the clerk of the court should provide a copy of the statement as soon as practicable after finding the offender guilty. As such, defense attorneys need to time their request appropriately to avoid any delays or disruptions in the sentencing process. Obtaining the statement early on in the process allows counsel to review it thoroughly and identify any weaknesses or inconsistencies that may be exploited during sentencing or appeal. Another strategic consideration when dealing with section 722.1 of the Criminal Code of Canada is the quality of the pleadings. Lawyers need to ensure that the statement of the offender is well-structured, comprehensive, and covers all key elements required for sentencing. The statement should outline the offender's personal circumstances, their criminal history, their remorse, and their prospects for rehabilitation. Additionally, the statement should reflect the offender's understanding of the consequences of their actions, and their willingness to take responsibility for their behavior. A well-crafted statement can help the judge or magistrate make an informed decision during sentencing and could ultimately lead to a more favorable outcome for the offender. The relationship between the offender, their counsel, and the prosecutor is also crucial when dealing with section 722.1 of the Criminal Code of Canada. Defense attorneys must be transparent and upfront with the prosecuting attorney regarding their request for the statement. Failing to do so could sour the relationship between the two parties and could result in less favorable outcomes for the offender. Similarly, attorneys need to ensure that they have an excellent working relationship with their client. They need to educate their clients about the importance of the statement and why it is necessary to provide an accurate and comprehensive account of their circumstances. In conclusion, lawyers need to approach section 722.1 of the Criminal Code of Canada strategically. Timing, pleadings, and relationships are all crucial considerations when attempting to obtain a copy of the statement made by the offender. Lawyers must be transparent, upfront, and professional in their interactions with the prosecuting attorney. They also need to advise their clients appropriately, ensure that they understand the importance of the statement, and are willing to provide an accurate and comprehensive account of their circumstances. By employing these strategies, defense attorneys can increase their chances of securing a favorable outcome for their clients.