section 745.63(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

Victims referred to in paragraph (1)(d) can choose to provide information orally or in writing, or in any other manner deemed appropriate by the judge.

SECTION WORDING

745.63(1.1) Information provided by a victim referred to in paragraph (1)(d) may be provided either orally or in writing, at the discretion of the victim, or in any other manner that the judge considers appropriate.

EXPLANATION

Section 745.63(1.1) of the Criminal Code of Canada pertains to the information provided by a victim referred to in paragraph (1)(d). This information can be given orally or in writing as per the victim's discretion or any other manner that the judge considers appropriate. This section amplifies the rights of the victim in criminal proceedings by giving them a choice to decide how they want to present their testimony. The section becomes highly significant in cases that involve the trial of a person accused of committing a crime against the victim. Under this provision, a victim is not constrained to provide their evidence in a specific manner and can choose the mode of their testimony. This flexibility helps ensure that their evidence is presented in a way that makes them feel comfortable, safe, and secure, thereby potentially yielding more accurate, reliable, and valuable information that can lead to the fair and just dispensation of justice. Moreover, section 745.63(1.1) also gives the judge the discretion to decide on the appropriate mode of testimony and information presentation if the victim does not indicate their preference. The provision empowers the judge to determine the most suitable form of information provision, taking into account the interests of justice, the nature of the crime, and the victim's welfare. In conclusion, this section of the Criminal Code of Canada enhances the rights of victims and ensures that their testimony is given due consideration, respect, and protection. It serves to support a justice system that prioritizes the interests, safety, and welfare of victims, thereby promoting fairness, equity, and the rule of law.

COMMENTARY

Section 745.63(1.1) of the Criminal Code of Canada relates to the provision of information by a victim in relation to an offender being considered for a parole hearing. In essence, this provision gives the victim the power to decide whether to provide information orally or in writing and allows them to choose the most appropriate method based on their preferences or circumstances. The importance of this provision cannot be overstated, as it is a clear indication that the rights and interests of victims of crime are being taken seriously in the Canadian justice system. It recognizes that victims should have a say in the process and have the right to be heard. This is an important development because for too long, victims have felt ignored or marginalized by the justice system, often being treated as mere witnesses or bystanders in the proceedings. By allowing the victim to choose the method of providing information, this provision recognizes that victims may have different preferences and needs, and that these should be respected. For example, some victims may feel more comfortable speaking in person, while others may prefer to write a statement. Others still may have unique ways of expressing themselves that cannot be accommodated through traditional methods. However, while this provision is certainly a step in the right direction, it is not without its limitations and challenges. One potential issue is that the judge may have broad discretion in determining what constitutes an appropriate method of providing information. This means that there is a risk that the victim's preferred approach may not be accepted by the judge, leaving the victim feeling unheard or marginalized. Moreover, this provision only applies to cases where the victim has been referred to in paragraph (1)(d), which relates specifically to cases where the offender has been convicted of a serious violent offence. This means that victims in other types of cases may not have the same level of input or control over the process, which could create inequities in the system. Despite these limitations, Section 745.63(1.1) is a positive step towards recognizing the rights and interests of victims in the Canadian justice system. By empowering victims to choose how to provide information and requiring judges to consider their preferences, this provision helps to ensure that victims are heard and that their voices are taken seriously in the process. It remains to be seen whether other jurisdictions will adopt similar provisions, but hopefully this will lead to greater recognition of the importance of victims in the criminal justice process.

STRATEGY

Section 745.63(1.1) of the Criminal Code of Canada allows for greater flexibility in obtaining victim impact statements by allowing victims to provide information either orally or in writing, or through any other means the judge considers appropriate. The purpose of this provision is to give victims more agency in the criminal justice process, while at the same time allowing judges to tailor the presentation of victim statements to individual cases. When working with this section of the Criminal Code, there are several strategic considerations that should be taken into account. First, it is important to recognize that while victim impact statements can be a powerful tool in sentencing, they can also be highly emotional and potentially biased. Judges are keenly aware of the potential for such statements to prejudice their view of a case, and may be cautious about giving them too much weight. For this reason, it is important for lawyers to ensure that any victim impact statement is presented in an objective and factual manner, and is supported by other evidence wherever possible. Another strategic consideration is the timing of the victim impact statement. Section 745.63(1.1) allows for flexibility in how statements are presented, but it does not specify when they must be provided. As such, lawyers may want to consider how early or late in the sentencing process to introduce the statement. For example, if a victim impact statement is likely to be highly emotional, it may be better to present it earlier in the process to allow the judge time to process the information before making a decision. When deciding on a strategy for victim impact statements, lawyers should be mindful of the specific circumstances of each case. For example, the nature and severity of the offense, the relationship between the victim and the offender, and the overall context of the case may all influence the effectiveness and relevance of a victim impact statement. Lawyers may want to consider consulting with victim advocates or other experts to ensure that the statement is tailored to the specific circumstances of the case. Finally, lawyers should also consider the potential impact of victim impact statements on the client's case. Depending on the circumstances, a highly emotional or inflammatory statement from a victim could potentially harm the client's chances of receiving a lenient sentence or securing a favorable plea bargain. Lawyers may want to consider negotiating with the prosecution to limit the scope or substance of the victim impact statement if they believe it could harm their client's case. In summary, section 745.63(1.1) of the Criminal Code of Canada allows for greater flexibility in obtaining victim impact statements, but it also requires careful strategic consideration to ensure that the statement is presented in a way that is objective, relevant, and appropriate to the specific circumstances of the case. Lawyers should be mindful of the potential impact of the statement on the client's case, and should consult with victim advocates or other experts as needed to ensure that the statement is tailored to the needs and interests of the victim.