INTRODUCTION AND BRIEF DESCRIPTION
Before imposing a sentence, the court must inquire whether the victim has been advised of the opportunity to prepare a statement.
SECTION WORDING
722.2(1) As soon as practicable after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim or victims have been advised of the opportunity to prepare a statement referred to in subsection 722(1).
EXPLANATION
Section 722.2(1) of the Criminal Code of Canada mandates that before imposing a sentence, the court must inquire whether the victim or victims of the offence have been informed about the opportunity to provide a victim impact statement as per subsection 722(1). A victim impact statement is a written or oral account of the harm caused by the crime from the victim's perspective. It allows the victim or their representative to express the emotional, physical, and financial impact of the crime on their lives. This statement is important as it provides the court with a clear understanding of the severity of the crime and its impact on the victim and their loved ones. The purpose of section 722.2(1) is to ensure that the court is made aware of the victim's perspective on the crime while making sentencing decisions. This requirement puts the victims at the center of the criminal justice system and affirms their rights and voices. It also acknowledges the essential role that victims play in the criminal justice system and highlights the importance of victim-centered justice. In summary, section 722.2(1) of the Criminal Code of Canada is significant because it ensures that the victim's voice is taken into account in the sentencing process. It empowers victims to participate in the legal proceedings by providing them with the opportunity to share their experiences and the impact of the crime on their lives, thus facilitating a more equitable and fair justice system.
COMMENTARY
Section 722.2(1) of the Criminal Code of Canada is a provision that ensures victims of crime are given the opportunity to have their voices heard in the criminal justice process. The provision requires the court to inquire, before imposing sentence, whether the victim(s) have been advised of their right to prepare a victim impact statement. Victim impact statements are written or oral statements made by a victim or someone who has been affected by the crime, that describe the harm and trauma caused by the offender's actions. The purpose of a victim impact statement is to inform the court about the harm caused by the offence, to help the court understand the impact of the offence on the victim(s), and to assist the court in determining an appropriate sentence. The requirement in section 722.2(1) that the court inquire about victim impact statements is important because it ensures that victims are given the opportunity to participate in the criminal justice process. Victims of crime often feel powerless and isolated, and the opportunity to prepare a victim impact statement can be empowering and cathartic. It allows the victim to express their feelings about the crime, and to have a say in the sentence imposed on the offender. The provision is also important because it recognizes the impact that crime has on victims. Too often, victims are treated as mere witnesses to the crime, or as inconveniences to be dealt with. The requirement that the court inquire about victim impact statements acknowledges that victims are an important part of the criminal justice process, and that their voices should be heard. However, while section 722.2(1) is a step in the right direction, there are still limitations to the victim impact statement process. For example, victims may not be aware of their right to prepare a statement, or may not feel comfortable doing so. Additionally, the statements may not always be given due weight by the court, or may be subject to challenges by the defence. Moreover, while victim impact statements can be a powerful tool in the sentencing process, they also have the potential to perpetuate stereotypes and discrimination. For example, if a victim expresses xenophobic or racist views in their impact statement, the court should be careful not to rely on those views in sentencing the offender. In conclusion, section 722.2(1) of the Criminal Code of Canada is an important provision that recognizes the importance of victim participation in the criminal justice process. Victim impact statements can provide a valuable perspective on the harm caused by crime, and can help the court craft an appropriate sentence. However, it is important to recognize the limitations of the victim impact statement process, and to ensure that the statements are not used to perpetuate discrimination or unfairly influence sentencing decisions.
STRATEGY
Section 722.2(1) of the Criminal Code of Canada is an important provision that requires a court to inquire whether the victim of an offence has been advised of the opportunity to prepare a victim impact statement before imposing a sentence. In practice, this provision has significant implications for both prosecutors and defence counsel in criminal proceedings. There are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code. The first is that the prosecutor must ensure that the victim or victims are promptly informed of their right to prepare a victim impact statement. Failure to do so could result in significant delays in the sentencing process, which may impact both the accused and the victim(s). The second strategic consideration is that the prosecutor must work closely with the victim or victims to ensure that their statement is both comprehensive and compelling. This may involve advising the victim of the types of information that should be included in the statement, such as the psychological impact of the offence or the financial effects of any losses suffered. Moreover, the prosecutor may need to provide support to the victim in terms of arranging for counselling or social services to help the victim cope during this difficult time. The third strategic consideration is that the defence counsel must carefully scrutinize the victim impact statement for potential legal challenges. For example, if the statement contains evidence that is not relevant to the sentencing process or is hearsay, the defence may seek to have it struck from the record. Moreover, the defence may challenge the credibility of the victim if they suspect that the statement contains exaggerated or false claims. In light of these strategic considerations, there are several strategies that prosecutors and defence counsel could use when dealing with Section 722.2(1) of the Criminal Code. For prosecutors, one strategy would be to establish a clear protocol for advising victims of their right to prepare a victim impact statement. This may involve working with victim services organizations, social workers, or other community groups to ensure that victims are aware of their rights and are provided with the necessary support. Another strategy for prosecutors could be to develop training programs for staff and stakeholders who provide support to victims. This could include training in areas such as victim impact statement preparation, counselling and support, and court advocacy. By providing these services, prosecutors can help ensure that victims are empowered to participate fully in the sentencing process. In terms of defence counsel, one strategy could be to conduct a thorough investigation into the victim's background to uncover any potential biases or inconsistencies that could impact the credibility of their victim impact statement. This could entail reviewing medical records, police reports, and other evidence to build a case that challenges the credibility of the victim's claims. Another strategy for defence counsel could be to challenge the constitutionality of Section 722.2(1) of the Criminal Code, arguing that it violates the Charter of Rights and Freedoms by denying the accused the right to a fair trial. This argument could be based on the fact that the victim impact statement may contain evidence that is not admissible under the rules of evidence, or that the statement may contain hearsay or other unreliable information. In conclusion, Section 722.2(1) of the Criminal Code of Canada is an important provision that requires the court to inquire of the prosecutor or a victim of the offence whether the victim or victims have been advised of the opportunity to prepare a statement referred to in subsection 722(1). There are several strategic considerations that must be taken into account when dealing with this provision, including the need to ensure that victims are promptly informed of their rights, the need to provide support to victims during the sentencing process, and the need to conduct a thorough investigation into the victim's background to uncover any potential biases or inconsistencies. By taking these strategic considerations into account, both prosecutors and defence counsel can ensure that justice is served in criminal proceedings.