INTRODUCTION AND BRIEF DESCRIPTION
Definition of victim in section related to applications for judicial review of parole ineligibility.
SECTION WORDING
745.63(2) In paragraph (1)(d), "victim" has the same meaning as in subsection 722(4).
EXPLANATION
Section 745.63(2) of the Criminal Code of Canada is a provision that clarifies the definition of the term victim" in the context of the broader legal framework. Specifically, this provision references another section of the Criminal Code, namely subsection 722(4), which defines the term victim" as it relates to the Restitution Orders provisions within the Code. Subsection 722(4) defines a victim as a person who has suffered bodily harm or loss of or damage to property as a result of an offence" for the purposes of Restitution Orders. A Restitution Order is a court order that requires an offender to compensate their victim(s) for losses or damages resulting from the offence. This can include things like medical bills, property damage, and lost wages, among other damages. By referencing subsection 722(4), Section 745.63(2) makes it clear that the definition of victim" in the context of Restitution Orders also applies to paragraph (1)(d) of Section 745.63. This paragraph deals with the circumstances under which an application for a review of a parole ineligibility period can be made and requires that notice be given to the victim of the offence. Together, these provisions demonstrate the Canadian government's commitment to ensuring that victims of crimes are appropriately compensated for their losses and are recognized as important stakeholders in the criminal justice system. Clarifying the definition of victim" in this context helps to ensure that the legal framework operates effectively and that justice is served for all parties involved in a criminal offence.
COMMENTARY
Section 745.63(2) of the Criminal Code of Canada is a provision that outlines the meaning of the term victim" as used in subsection 722(4). This provision is important in ensuring that all parties involved in the criminal justice system have a clear understanding of who qualifies as a victim and, therefore, the rights and protections owed to them. In Canada, the definition of a victim is codified in subsection 722(4) of the Criminal Code of Canada. This section defines a victim as a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of an offence." This definition is broad and inclusive, encompassing not only individuals who are directly targeted by an offence but also those who are affected by it in other ways. Section 745.63(2) clarifies that the term victim" as used in subsection 722(4) has the same meaning in the context of the provisions contained in paragraph (1)(d) of the Criminal Code of Canada. This paragraph relates to the specific powers of the National Parole Board with respect to offenders who have been convicted of murder and are serving life sentences. By ensuring that the term victim" is defined consistently throughout the Criminal Code of Canada, Section 745.63(2) helps to prevent confusion and ensure that all parties understand their rights and responsibilities. For example, victims of crime have a number of important rights, including the right to information about the case, the right to participate in the criminal justice process, and the right to make a victim impact statement. By using a clear and consistent definition of victim," the criminal justice system can ensure that these rights are respected and upheld, and that victims are afforded the support and protection to which they are entitled. This is particularly important in cases where victims may be vulnerable or marginalized, and may require additional support to participate fully in the justice process. Overall, Section 745.63(2) serves an important function in ensuring that the criminal justice system in Canada operates fairly and efficiently, and that victims of crime are given the support and protection they need and deserve. By providing a clear definition of the term victim," this provision helps to ensure that the rights and interests of all parties are respected and upheld, and that justice is served in a transparent, accountable, and effective manner.
STRATEGY
Section 745.63(2) of the Criminal Code of Canada provides a definition of "victim" for the purposes of section 745.63(1)(d). This section allows for the review of a convicted murderer's sentence after a certain period of imprisonment has been served. Strategic considerations when dealing with this section of the Criminal Code of Canada involve balancing the rights of the victim and their family with the potential benefits and risks of a sentence review. One strategy that could be employed is to ensure that the victim's family is notified of the sentence review and provided an opportunity to provide a victim impact statement. This statement can provide the family with a sense of closure and also demonstrate the continuing impact of the crime on the victim's loved ones. The statement can also be a powerful tool to ensure that the offender is held accountable for their actions and that the review panel is aware of the impact of the crime on the community. Another strategy involves considering the potential risks of a sentence review. While a sentence review can provide an opportunity for rehabilitation and release, it can also be a traumatic experience for the victim's family if the offender is released back into the community. It is important to weigh the potential benefits and risks of a sentence review and ensure that appropriate measures are in place to mitigate the risks of reoffending. Additionally, strategies could be employed to ensure that the review panel is aware of the offender's history and any possible rehabilitation efforts. This information can include psychiatric evaluations, prison records, and any evidence of remorse or rehabilitation efforts. These strategies can help to demonstrate to the review panel that the offender is taking responsibility for their actions and has taken steps towards rehabilitation. In conclusion, when dealing with Section 745.63(2) of the Criminal Code of Canada, it is important to consider the rights of the victim and their family, the potential risks and benefits of a sentence review, and the offender's history and rehabilitation efforts. Employing strategies such as notifying the victim's family and providing them with an opportunity to provide a victim impact statement, weighting the potential risks and benefits of a sentence review and considering the offender's history and rehabilitation efforts, can all be useful tools for managing the sentence review process and achieving a fair and just outcome.