INTRODUCTION AND BRIEF DESCRIPTION

The report can be used as evidence if the offender has been given reasonable notice and a copy of it.

SECTION WORDING

742.6(5) The report is admissible in evidence if the party intending to produce it has, before the hearing, given the offender reasonable notice and a copy of the report.

EXPLANATION

Section 742.6(5) of the Criminal Code of Canada refers to the admissibility of reports prepared by professionals such as psychologists, psychiatrists or social workers, for the purpose of assisting the court in determining an appropriate sentence for an offender. These reports may provide information about an offender's mental health, personal circumstances, and potential for rehabilitation. The section specifies that the report may be admitted as evidence during the sentencing hearing, but only if the party intending to produce it has given the offender reasonable notice and a copy of the report beforehand. This notice serves two purposes. Firstly, it ensures that the offender is aware of the evidence that will be presented against them, and has an opportunity to respond to it. Secondly, it promotes fairness and transparency in the judicial process, as all parties are given equal access to the evidence being presented. The requirement for notice and a copy of the report also provides the offender with an opportunity to challenge the report's accuracy or relevance to their case. They may choose to seek a second opinion from another professional or present evidence that contradicts the findings of the report. Overall, Section 742.6(5) is an important safeguard in the judicial process, as it promotes fairness and transparency by ensuring that all parties are given equal access to the evidence being presented during the sentencing hearing.

COMMENTARY

The criminal justice system is designed to maintain law and order, ensure the protection of citizens, and punish those who break the law. However, it is also intended to be fair and just to the accused, as well as take into account the unique circumstances that may lead to a criminal act. It is with this intention that Section 742.6(5) of the Criminal Code of Canada was introduced. The section allows for the admissibility of reports prepared for the purpose of determining the likelihood of reoffending by an offender, as well as any appropriate recommendations that may reduce that likelihood. This report may be prepared by a probation officer or any other skilled professional, and it takes into account factors such as the offender's mental health, social and economic background, and other relevant considerations. The report must be provided to the offender in advance of a hearing or sentencing in order to allow them the opportunity to review it and perhaps even challenge its findings. The offender can have their own assessment done by an expert if they disagree with the findings of the initial report. This ensures that the offender fully understands the conclusions of the report and has a chance to offer any counter-arguments before the report is admitted in court. The purpose of this section is to ensure that the sentencing judge or court is fully informed about the offender's circumstances and the likelihood of reoffending before making a decision about what sentence to impose. This can be particularly helpful in cases where the usual punishment for a particular offence may not be appropriate due to mitigating circumstances. For example, if a first-time offender was caught stealing food to feed their family, the report may recommend that they receive community service instead of a jail sentence. This would take into account the offender's circumstances and help reduce the likelihood of reoffending in the future. Section 742.6(5) seeks to ensure that the criminal justice system is fair and just to all involved. By requiring that the offender is provided with a copy of the report and given reasonable notice before its admission, the system encourages participation and transparency. Moreover, the report also helps to mitigate the risk of discriminatory or overly harsh sentencing. It acknowledges that criminal behaviour can have complex causes, and a fair and just system should take these causes into account. In conclusion, Section 742.6(5) of the Criminal Code of Canada is a critical part of the Canadian criminal justice system. It ensures the fairness and transparency of the legal process and remains an essential tool for courts when assessing an offender's likelihood of reoffending and figuring out the appropriate sentencing. Its aim of ensuring that the justice system is appropriately informed and fair to all parties involved is equally important as highlighting that the punishment should not only serve the objective of deterrence, but also rehabilitation and prevention.

STRATEGY

Section 742.6(5) of the Criminal Code of Canada provides a crucial framework for the admissibility of reports related to an offender's risk or need assessment. Specifically, this section requires that before introducing such reports into evidence, the party intending to produce them must give the offender reasonable notice and a copy of the report. The purpose of this provision is to promote transparency and fairness in the criminal justice system by ensuring that all parties have access to the same information and an opportunity to prepare their case accordingly. In light of this provision, there are several strategic considerations that must be taken into account when dealing with reports related to an offender's risk or need assessment. These considerations include: 1. Timing: To comply with Section 742.6(5), parties intending to produce reports related to an offender's risk or need assessment must provide reasonable notice and a copy of the report before the hearing. This means that a party must carefully consider when to produce such reports and ensure that they are provided to the offender with sufficient time to review and prepare a response. Failure to comply with this requirement could result in the report being excluded from evidence, potentially undermining the party's case. 2. Content: The quality and relevance of the report will be important factors in determining its admissibility and weight in the proceeding. To ensure that a report is admissible, parties must carefully review it to ensure that it is relevant to the issues in dispute and meets the quality standards required by the court. This may involve retaining experts or other professionals to review and critique the report, as well as ensuring that all relevant information is included. 3. Strategic considerations: Depending on the nature of the case, there may be strategic considerations that must be taken into account when dealing with reports related to an offender's risk or need assessment. For example, a party may choose to challenge the admissibility or validity of a report, or to argue that the report is irrelevant to the issues in dispute. Alternatively, a party may seek to rely heavily on a report in order to strengthen their case. 4. Expert evidence: In some cases, parties may need to retain experts or other professionals to produce reports related to an offender's risk or need assessment. When doing so, they must ensure that the expert is sufficiently qualified to provide an opinion on the issue in question, and that their report meets the necessary standards for admissibility. Further, parties must ensure that the expert is available to testify and provide evidence at the hearing if required. 5. Communication: Finally, parties must ensure that they communicate clearly and effectively with the offender regarding the reports being produced. This may involve providing clear and concise explanations of the contents of the report, as well as ensuring that the offender has access to legal representation and other resources to assist in their review and response. In order to effectively navigate the requirements of Section 742.6(5) of the Criminal Code of Canada, parties may employ several strategies. These include: 1. Careful review and preparation: Parties should carefully review all reports related to an offender's risk or need assessment to ensure that they are of the requisite quality and relevance. They should also prepare detailed responses and arguments regarding the admissibility and weight of the reports. 2. Early disclosure: To ensure compliance with Section 742.6(5), parties should aim to provide the offender with a copy of the report as early as possible in the proceedings, ideally well in advance of the hearing date. 3. Expert assistance: If necessary, parties may retain experts or other professionals to produce reports related to an offender's risk or need assessment. Such experts can also provide valuable insight and guidance regarding the admissibility and weight of reports produced by opposing parties. 4. Communication and collaboration: Parties should make every effort to communicate and collaborate effectively with the offender regarding the reports being produced. This may involve providing explanations, assistance, and resources to facilitate the offender's review and response. Overall, compliance with Section 742.6(5) of the Criminal Code of Canada is a crucial element of any criminal proceeding involving reports related to an offender's risk or need assessment. By carefully considering the strategic implications of this provision, parties can increase their chances of success while ensuring that the proceedings are fair and transparent for all involved.