INTRODUCTION AND BRIEF DESCRIPTION
This section states that a written statement, prepared according to designated procedures, must be filed with the court for the purpose of proving a previous statement made by a witness or victim.
SECTION WORDING
722(2) A statement referred to in subsection (1) must be (a) prepared in writing in the form and in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction; and (b) filed with the court.
EXPLANATION
Section 722(2) of the Criminal Code of Canada outlines the requirements for a statement to be submitted to a court as evidence. The section specifies that the statement must be in writing and prepared in accordance with the procedures established by a program designated by the lieutenant governor in council of the province where the court is exercising its jurisdiction. This ensures that the statements submitted to the court are reliable and consistent with established processes. The purpose of this section is to provide a standardized process for submitting statements as evidence in court. By requiring the use of designated programs, the court can trust that the statements have been prepared in a consistent and reliable manner. This protects the integrity of the legal system and ensures that cases are decided based on accurate and trustworthy evidence. It is important to note that the requirements for statements outlined in this section apply only in the context of criminal proceedings. Other types of proceedings may have their own requirements for evidence submission. Overall, section 722(2) is an important aspect of the Criminal Code of Canada that ensures that evidence submitted to the court is reliable, consistent, and meets established standards.
COMMENTARY
Section 722(2) of the Criminal Code of Canada lays out the requirements for the preparation and filing of a statement in criminal proceedings. This section recognizes the importance of maintaining accurate and admissible evidence in criminal cases and ensures that the procedures for preparing and filing statements are consistent across all provinces. The section mandates that a statement must be prepared in writing and in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction. This is an important provision as it ensures that statements are prepared using standardized procedures, which improves consistency and accuracy. Furthermore, this section requires that a statement must be filed with the court. This ensures that the statement is admissible as evidence in court, as it has been reviewed and approved by the legal system. It also ensures that the statement is available to all parties involved in the proceedings, including the accused, who has the right to access all evidence against them. Overall, Section 722(2) is an essential provision in maintaining the integrity of the criminal justice system in Canada. By ensuring that all statements are prepared using standardized procedures and are admissible as evidence, this provision contributes to the fairness and accuracy of criminal proceedings. It also helps to safeguard against false or misleading statements that may adversely impact the outcome of a case. However, it is important to note that this section only applies to statements prepared for criminal proceedings. It does not cover other forms of evidence or statements prepared for other legal proceedings, such as civil suits. As such, it is important for individuals involved in legal proceedings to be aware of the specific requirements for preparing and filing evidence in their particular case. In conclusion, Section 722(2) of the Criminal Code of Canada is a crucial provision that helps to ensure the fairness and accuracy of criminal proceedings. By mandating standardized procedures for preparing and filing statements and requiring that they are admissible as evidence, this section plays an important role in upholding the integrity of the Canadian legal system.
STRATEGY
Section 722(2) of the Criminal Code of Canada is a critical provision in the Canadian criminal justice system. It outlines the procedures that one must follow to present a victim impact statement in court. The purpose of the victim impact statement is to provide an opportunity for victims of a crime to express the physical, emotional, or psychological harm they have suffered as a result of the crime. Victim impact statements are an essential tool in ensuring that the court takes into account the harm caused to the victim when it is considering a sentence. The statement serves as a reminder to the court that crimes are not merely offenses against the state, but that they also cause harm to individuals. Strategic Considerations: 1. Level of Detail: One must consider the level of detail to include in a victim impact statement. While it is important to provide sufficient details to express the severity of the harm, one must also be mindful of the impact that these statements can have on the court. Overly detailed statements may be perceived as an attempt to influence the court, while vague statements may not have the desired effect. 2. Timing: The timing of the victim impact statement is another important consideration. Presenting the statement too early may result in the court forgetting its impact by the time the sentencing takes place. Conversely, presenting it too late may be perceived as an afterthought and not given the attention it deserves. 3. Prioritizing Statements: If the victim is part of a broader community of victims, it may be beneficial to coordinate with others to ensure that the most impactful statements are presented. This may require collaborative efforts and consultation to determine the most important points to make. 4. Professional Assistance: In some cases, it may be difficult for victims to express their views on paper. Professional assistance may be required to ensure that the statement is well-structured, concise, and clearly articulates the harm caused by the crime. Strategies: 1. Inclusion of Expert Testimony: Victim impact statements may be strengthened by including expert testimony that outlines the severity of the harm caused by the crime, the effects of the crime on the victim's life, and the challenges the victim may face in the future. 2. Preparation and Coordination: Preparation and coordination with other victims can help create a stronger and more impactful statement. The victim's statement can be informed by the perspectives of other victims, thereby providing a broader understanding of the harm caused by the crime. 3. Emphasizing Specific Points: Emphasizing particular points that are most likely to have an impact on the court, such as the victim's loss of independence or the effects of the crime on their family, can strengthen the impact of the statement. 4. Expert Language Choice: The language used in the statement can also have an impact on its effectiveness. Employing legal and technical language that is understandable to the court is essential to ensure that the court understands the severity of the harm caused by the crime. In conclusion, the victim impact statement is a crucial component of the criminal justice system in Canada. The procedures outlined in section 722(2) of the Criminal Code of Canada must be followed to ensure that the statement is presented effectively. Strategic considerations and strategies such as including expert testimony, prioritizing specific points, and collaborations can help to strengthen the impact of the statement in court. Victims should seek professional assistance to ensure that their statements are well-structured, clear, and concise to achieve their desired outcome.