INTRODUCTION AND BRIEF DESCRIPTION
A victim of an offense can submit a written statement to the court or review board describing the harm or loss suffered.
SECTION WORDING
672.5(14) A victim of the offence may prepare and file with the court or Review Board a written statement describing the harm done to, or loss suffered by, the victim arising from the commission of the offence.
EXPLANATION
Section 672.5(14) of the Criminal Code of Canada gives victims of criminal offences the right to prepare and submit written statements to the court or Review Board describing the harm and losses they have suffered as a result of the crime. This section recognizes the importance of ensuring that victims have a voice in the criminal justice system and can share their experiences and perspectives with decision-makers. Victims have the right to describe the physical, emotional, and financial impact that the crime has had on their lives, and to do so directly to those who are responsible for determining the outcome of the case. This is an important aspect of restorative justice, which seeks to repair the harm caused by criminal behaviour and provide victims with a sense of closure and healing. The Victim Impact Statement also serves as a tool for judges and Review Boards to consider when making decisions about the sentence or disposition of an offender. By allowing victims to provide input on the harm and losses they have suffered, the courts and Review Boards can take these factors into account when determining an appropriate sentence or disposition for the offender. In summary, Section 672.5(14) recognizes the rights of victims to be heard and to have their experiences and perspectives considered in the criminal justice system. By providing a mechanism for victims to share their experiences, this section helps to ensure that the criminal justice system is more responsive to the needs of victims and better able to address the harm caused by criminal behaviour.
COMMENTARY
The section 672.5(14) of the Criminal Code of Canada is an important provision that allows victims of crime to prepare and file a written statement describing the harm done to, or loss suffered by them, as a result of the commission of the offence. This provision recognizes the importance of the victim's perspective in the criminal justice system and allows them to participate in the process by voicing their experiences and opinions. This provision is a crucial part of the criminal justice system because it acknowledges the victim's rights to be heard and to have their concerns taken into account while a sentence is being decided. Victims of crime often suffer physical, emotional, and financial damage that can impact their overall wellbeing and quality of life. Giving them an opportunity to describe their experience and its impact on their life can provide a sense of closure and justice that is otherwise unattainable. The statement filed by the victim is used during the sentencing process as a guide for the judge or Review Board to consider when deciding on the appropriate sentence. This statement is considered by the court as one of the components that provide a comprehensive understanding of the crime's impact on the victim and the victim's community. It outlines how the victim has been affected physically, emotionally, socially, and financially. This statement also provides the victim with a voice in the sentencing process, which is important because their opinions and concerns are often overlooked in favour of the offender's rights and needs. The statement filed by the victim can also be used to complement other evidence presented by witnesses or in police reports. It provides a personal account of the crime's effects, which might not be evident to others who are not directly affected by it. The statement can also serve as a deterrent for future offenders by highlighting the negative consequences of their actions and the harm that they inflict on others. One drawback to this provision is that not all victims of crime may be able to prepare a statement due to psychological trauma or fear of retribution from the offender. However, the provision is designed to accommodate victims' needs and situation. Therefore, the provision allows the victim's support person, such as a close family member or friend, to prepare and present the impact statement on behalf of the victim. In conclusion, the section 672.5(14) of the Criminal Code of Canada affirms the victim's rights in the criminal justice system. It provides a mechanism through which the victims of crime can be heard, and their concerns can be addressed during the sentencing process. By allowing victims to file a written statement outlining the harm done to, or loss suffered by them, this provision ensures that their voices are heard and taken into account during sentencing, thereby promoting a more just and comprehensive criminal justice system.
STRATEGY
When confronted with Section 672.5(14) of the Criminal Code of Canada, it is important to carefully consider the strategic options available. This section grants victims of crimes the ability to prepare and submit a written statement outlining the harm they suffered as a direct result of the offense committed against them or their loved ones. This statement can be crucial in influencing the court's or Review Board's decision in sentencing or determining an offender's fitness to return to society. As such, some strategic considerations when dealing with this section of the Criminal Code may include the following: 1. Timing: The timing of submitting the victim impact statement can play a significant role in the court's or Review Board's decision-making process. The statement should be filed as early as possible, ideally before the sentencing hearing or review process begins. This timing is essential, as it allows the victim's voice to be heard, and their statement will be taken into account during decision-making. 2. Content: The victim impact statement must provide a clear and concise narrative of the harm and loss suffered due to the crime committed. As such, the content of the statement must be strategic and avoid any unnecessary or irrelevant information. The statement must contain details that help the court or Review Board to understand the full extent of the victim's suffering, which can be emotional, physical, financial, or social. 3. Tone: The tone of the victim impact statement should be professional, respectful, and factual. The statement should not contain personal opinions about the offender or the crime committed but should aim to convey the impact of the offense while avoiding any tone that may cause offense to the court or Review Board. 4. Consultation: Consultation with legal counsel is essential when preparing the statement. Lawyers can provide advice on the content, tone, and timing of the statement to ensure that the statement is most effective. 5. Presentation: In most cases, the victim's statement will be read by a prosecutor or by the victim themselves if they wish. Therefore, the victim should prepare to deliver the statement effectively, including practicing delivery in private, to ensure it adequately conveys the intended message. Strategies that could be employed when dealing with Section 672.5(14) include preparing the statement in advance, ensuring that it is well-written and concise. The statement must remain factual, specifically outlining the physical and/or emotional impact on the victim and their loved ones. Additionally, it may be best to employ the services of a professional team to review the statement before submission to the court or Review Board. The victim may also work with legal counsel as they may provide the necessary guidance needed to ensure that the statement is effective. Finally, the victim may consider seeking emotional support from therapists and other professionals to cope with the trauma experienced, which can be an excellent aid to the preparation of the statement.