INTRODUCTION AND BRIEF DESCRIPTION
This section allows the court or Review Board to adjourn a hearing to allow a victim to prepare a statement if it does not interfere with the administration of justice.
SECTION WORDING
672.5(15.3) On application of the prosecutor or a victim or of its own motion, the court or Review Board may adjourn the hearing held under section 672.45 or 672.47 to permit the victim to prepare a statement referred to in subsection (14) if the court or Review Board is satisfied that the adjournment would not interfere with the proper administration of justice.
EXPLANATION
Section 672.5(15.3) of the Criminal Code of Canada provides the court or Review Board with the discretion to allow an adjournment of a hearing under section 672.45 or 672.47 to allow the victim to prepare a statement referred to in subsection (14). Subsection (14) provides for victim impact statements, which allow victims to share the physical, emotional, and financial harm they have suffered as a result of the crime. This provision recognizes the importance of victim involvement in the criminal justice system. It acknowledges that victims have a right to be heard and to participate in the legal process, as they are often deeply affected by the crimes committed against them. Victim impact statements can also assist the court or Review Board in determining an appropriate sentence or disposition, as they allow decision-makers to better understand the harm caused by the offence. The discretion given to the court or Review Board is important, as it allows for a balance between ensuring that the legal process is properly administered and providing victims with an opportunity to participate in the process. The court or Review Board must consider the potential implications of an adjournment, such as delays or additional costs, but may grant an adjournment if it is satisfied that it would not interfere with the proper administration of justice. Overall, this provision serves to promote victim involvement and recognition in the Canadian criminal justice system, while also recognizing the importance of a fair and efficient legal process.
COMMENTARY
Section 672.5(15.3) of the Criminal Code of Canada sets out provisions for adjourning a hearing held under sections 672.45 or 672.47 to permit the victim to prepare a statement referred to in subsection (14). This section is important to ensure that victims are given the opportunity to prepare their statements and present them in a thoughtful manner to the court or Review Board. This section also recognizes the importance of ensuring that the adjournment of the hearing does not interfere with the proper administration of justice. Victims of crime often feel powerless and voiceless in the criminal justice system and may experience trauma as a result of the crime that was committed against them. It is therefore crucial that victims are given the opportunity to provide their input and perspectives on the crime and its impact on their lives and the lives of those around them. Section 672.5(15.3) acknowledges this need by providing for an adjournment to allow victims to prepare their statements. By allowing the court or Review Board to adjourn the hearing to permit the victim to prepare a statement, this section promotes fairness and equity in the criminal justice system. It recognizes that victims need time to gather their thoughts, feelings, and memories after a traumatic event and to express them in a way that is meaningful and coherent. This can be especially important in cases where the victim is too traumatized or too young to provide testimony in court. In addition to promoting fairness and equity, this section also recognizes the potential benefits of victim statements for the criminal justice system. Victim impact statements can provide valuable information to the court or Review Board about the nature and extent of the harm suffered by the victim, the impact of the crime on the victim's family and community, and the victim's perspective on the offender's rehabilitation and punishment. This information can be used to inform sentencing decisions and parole hearings. Furthermore, by allowing the court or Review Board to adjourn the hearing to permit the victim to prepare a statement, this section promotes victim participation in the criminal justice system. It recognizes the importance of allowing victims to have a say in how the crime is prosecuted and how the offender is punished. Victim participation can promote healing and closure for victims, and can also help to create a more just and equitable criminal justice system. In conclusion, Section 672.5(15.3) of the Criminal Code of Canada is an important provision that recognizes the importance of allowing victims to prepare statements and participate in the criminal justice system. By providing for an adjournment to allow victims to prepare their statements, this section promotes fairness, equity, and victim participation in the criminal justice system.
STRATEGY
Section 672.5(15.3) of the Criminal Code of Canada makes provision for adjourning a hearing held under sections 672.45 or 672.47 to allow a victim to prepare a statement referred to in subsection (14), provided that it will not interfere with the proper administration of justice. This provision highlights the important role that victims play in the criminal justice system, and the need to balance their interests with the interests of justice. One strategic consideration when dealing with this section of the Criminal Code is the timing of the application. The prosecutor or victim may not want to delay the hearing unnecessarily, especially if the case has been pending for a long time or if the victim's statement is not likely to have a significant impact on the outcome of the hearing. On the other hand, an adjournment may be necessary if the victim needs more time to prepare their statement or if there are other factors that have made it difficult for them to participate effectively in the hearing. Another strategic consideration is the nature of the victim's statement and how it is likely to be received by the court or Review Board. The statement may provide important information about the impact of the offence on the victim, or it may be more focused on expressing their feelings or opinions about the offender or the criminal justice system. Depending on the context, different strategies may be employed to ensure that the victim's voice is heard and that the statement is given appropriate weight by the decision-makers. One strategy that could be employed is to work closely with the victim to help them prepare a thoughtful and persuasive statement. This could involve providing them with guidance on the types of information that are most relevant or effective in the context of the hearing, or helping them to organize their thoughts and emotions in a way that is clear and concise. Additionally, the prosecutor or victim may want to seek out supportive evidence, such as victim impact statements from other witnesses or medical reports, that can help to bolster the credibility and persuasive power of the victim's statement. Another strategy that could be employed is to use the victim's statement as a way to build rapport and establish common ground with the decision-makers. Depending on the nature of the statement, it may be possible to use it to highlight shared values or goals, or to emphasize the importance of the criminal justice system's accountability to victims. By framing the victim's statement in this way, the prosecutor or victim may be able to build a stronger case for the action or outcome that they are seeking. Overall, section 672.5(15.3) of the Criminal Code of Canada provides an important mechanism for ensuring that victims have a meaningful voice in the criminal justice system. By carefully considering the strategic implications of this provision and employing effective communication and advocacy strategies, prosecutors and victims can work together to help ensure that the interests of justice and the interests of victims are well-balanced and properly addressed.