Criminal Code of Canada - section 672.5(15.1) - Presentation of victim statement

section 672.5(15.1)

INTRODUCTION AND BRIEF DESCRIPTION

Victims have the right to read a statement or present it in court, unless it interferes with the administration of justice.

SECTION WORDING

672.5(15.1) The court or Review Board shall, at the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (14), or to present the statement in any other manner that the court or Review Board considers appropriate, unless the court or Review Board is of the opinion that the reading or presentation of the statement would interfere with the proper administration of justice.

EXPLANATION

Section 672.5(15.1) of the Criminal Code of Canada is a provision that aims to protect the rights of victims in the criminal justice system. It gives victims the right to read out a statement in court or before a Review Board, explaining how the offence has affected them and their families. The statement may be allowed in any other form that the court or Review Board considers appropriate. The section contemplates that victims of crimes may have suffered significant harm and should be given an opportunity to express their views. The statement provides an opportunity for victims to describe to the court or Review Board how the crime has impacted their lives. It can include information about loss or injuries suffered, emotional trauma, lost wages, and the effects on their families. By providing this platform for the victim, the court or Review Board gains a deeper understanding of the impact of the crime. However, the court or Review Board reserves the right to deny a victim the ability to read out their statement if they believe it would interfere with the proper administration of justice. In such a situation, the court or Review Board must be convinced that the reading or presentation of the statement would not help the court's decision-making process. Overall, Section 672.5(15.1) is a critical provision within the Canadian Criminal Code that seeks to ensure that victims are treated with respect and given a voice within the criminal justice system. It is consistent with the principles of the Canadian legal system, which emphasizes rehabilitation while holding offenders accountable for their actions. By allowing victims to present their statement, it promotes healing and helps the offender understand the severity and impact of the crime on others.

COMMENTARY

Section 672.5(15.1) of the Criminal Code of Canada is a provision that allows victims of crime to have a voice in the criminal justice system. Specifically, it provides victims with an opportunity to read a statement in court or before a Review Board, outlining the impact the crime has had on their lives. This provision is an important step towards recognizing the rights of victims, while also acknowledging the harm caused by criminal activity. The ability of victims to present such statements in court or before a Review Board was first recognized in the early 1990s. At the time, many stakeholders recognized the need to give victims a greater role in the criminal justice process. This was largely due to a growing recognition that crime victims had, in many cases, been marginalized by the justice system. They were often denied the opportunity to share their experiences or to have their voices heard. This left many victims feeling powerless and ignored. Section 672.5(15.1) of the Criminal Code was introduced to address this problem. It allows victims to present a written or oral statement that outlines the impact the crime has had on them. Victims can use this opportunity to express their feelings about the offence, as well as the impact that it has had on their life. This can include describing any physical or psychological harm they have suffered, as well as any disruption to their work or personal life. The statement can also outline what they hope the court or Review Board will do in response to the crime, such as imposing a harsher sentence or providing compensation. It should be noted that victims are not required to provide a statement, nor are they required to read it themselves. This provision merely gives them the option to do so. Victims can also have their statement read by someone else, or submitted in writing without being read aloud. The court or Review Board will take the statement into account when making a decision, but is not bound by it. Overall, the inclusion of section 672.5(15.1) in the Criminal Code is a significant step forward for the recognition of victims' rights in Canada. It gives victims the opportunity to have a say in the criminal justice process, and ensures that their voices are heard and their experiences acknowledged. This provision recognizes that victims' interests should be at the forefront of the justice system, rather than being an afterthought. By making the victim's statement an integral part of the legal proceedings, it reinforces the importance of victims' rights and helps to ensure that they are treated with the dignity and respect they deserve.

STRATEGY

Section 672.5(15.1) of the Criminal Code of Canada is a critical provision that enables victims of criminal offenses to have a voice in the criminal justice system. It gives victims the right to read a statement prepared and filed with the court or Review Board or to present the statement in any other manner that the court considers appropriate. However, to ensure that the victim's statement is presented effectively, there are strategic considerations that need to be taken into account. One of the most significant strategic considerations when dealing with this provision is the timing of the statement. Victims must be prepared to make their statement at the appropriate time, whether during a bail hearing, sentencing, or review board hearing. The victim needs to ensure that they have the necessary information about the process, what to expect, and what they need to do to prepare for the presentation of their statement. Another consideration is the content of the statement. Victims must be mindful of the types of statements they make and how they present them. It is essential to be unemotional and factual in the presentation as this would help on their impact on the decision-making process. Victims should provide specific details that relate to the case, and the potential effects of the crime on their life, family, and community. The statement needs to be persuasive and powerful, which can communicate the harm suffered by the victim, and help to persuade the court or Review Board to carry out the appropriate sentence. The third strategic consideration is to work with legal counsel who understands the nuances of this section of the Criminal Code of Canada. Lawyers and paralegals play a significant role in advising the victim on the most effective way to create the victim impact statement they wish to present. Legal counsel can effectively guide the victim through the process of creating the statement and prepare them for what to expect during the presentation. Fourthly, victims need to be proactive and ready to follow up on their statements. After presenting the statement, the victim should be aware of the court's decision or actions taken by the Review Board. Understanding the outcome of the case, whether their statement and testimony was impactful or not, would help them move on and turn the page on their trauma. In conclusion, the victim impact statement is a powerful tool that gives victims a voice in the criminal justice system. Still, understanding the process and being strategic in their approach is critical to providing a powerful and effective statement. Victims that want to be heard should consider the timing of their statement, figure out the best way to present their evidence, work with legal counsel, and follow-up on their statements' result, as necessary. By employing these strategies, victims can ensure that their voice is heard and they will be able to move on with their lives.