INTRODUCTION AND BRIEF DESCRIPTION
Victims can request notice of a hearing and relevant provisions of the Act.
SECTION WORDING
672.5(5.1) At the victim’s request, notice of the hearing and of the relevant provisions of the Act shall be given to the victim within the time and in the manner fixed by the rules of the court or Review Board.
EXPLANATION
Section 672.5(5.1) of the Criminal Code of Canada places emphasis on the rights of victims in the criminal justice system. This section ensures that victims have the opportunity to be informed of any hearings that pertain to the offenders who caused them harm, and the relevant provisions of the Act. This provision acknowledges the importance of victim participation in the criminal justice process, and ensures that their voices are heard. At the request of the victim, the court or Review Board is mandated to provide notice of the date, time, and location of the hearing. These notices are to be furnished in a manner and within a timeframe determined by the court rules, and should seek to actively minimize the stress and discomfort experienced by the victim. Additionally, the notice should be accompanied by an explanation of the relevant provisions of the Act, in a clear and concise manner. This section signifies a significant shift in the treatment of victims in the criminal justice system, where in the past, they were seen largely as outside witnesses. By providing victims with the opportunity to participate in the criminal justice process, this section creates space to acknowledge their lived experiences and the harm caused by the offender. This provision ensures that victims are no longer left feeling isolated and left out of the criminal justice process. Overall, Section 672.5(5.1) highlights the importance of the victim's need to be informed, and to be included in the criminal justice process to promote fairness and justice for all parties involved.
COMMENTARY
Section 672.5(5.1) of the Criminal Code of Canada undoubtedly serves as a significant legal provision for victims of crimes, particularly in the context of hearings and reviews. The section is primarily concerned with ensuring that victims are informed and notified of pertinent information regarding any hearings or reviews related to the offender, allowing them to play a stronger role in the decision-making processes surrounding a criminal case. At its core, this section reflects the Canadian government's recognition of the significant impact that crimes can have on victims. Often, victims are left to cope with a wide range of emotional, physical, and financial repercussions in the wake of a crime. Section 672.5(5.1) recognizes this fact and provides victims with an opportunity to participate in the legal proceedings that follow the crime. By doing so, victims can feel more empowered and invested in the outcome of a case while directly holding offenders accountable for their actions. Moreover, this section also places a heavy emphasis on the importance of providing victims with ample time and appropriate notification procedures. Victims may be dealing with trauma, mental health issues, or other challenges that could impede their ability to attend a hearing or review without ample notice. By ensuring that victims are provided with sufficient notification, the section helps to mitigate some of the stresses associated with the legal proceedings, allowing them to prepare themselves accordingly. Furthermore, this section reflects a desire to make the criminal justice system more "victim-centered." By providing victims with the opportunity to participate in legal proceedings, the section acknowledges the crucial role that victims play in the criminal justice process as a whole. Rather than prioritizing the needs of offenders or other legal stakeholders, the section recognizes that victims are the ones who bear the brunt of a crime and should be given the opportunity to take an active role in the legal decision-making process. The implementation of this section in practice is not without its challenges, however. One potential area of contention is the definition of "relevant provisions," which could potentially be subject to interpretation and misapplication in specific cases. Similarly, the notification process may also pose challenges, particularly in cases where the victim is difficult to reach or where there is confusion around the timelines for notification. Despite these challenges, however, Section 672.5(5.1) of the Criminal Code of Canada remains an essential legal provision. By providing victims with an opportunity to participate actively in legal proceedings, the section acknowledges their importance and helps to ensure that their voices are heard throughout the criminal justice process. Moreover, by providing ample time and clear notification procedures, the section helps to mitigate some of the challenges that victims face, promoting a more equitable and victim-centered criminal justice system overall.
STRATEGY
Section 672.5(5.1) of the Criminal Code of Canada is a provision that empowers victims of a crime to request notice of a hearing and the relevant provisions of the Act. The provision is important as it allows victims to be involved in the criminal justice process and to have a say in the decisions that affect them. However, for the provision to be effective and useful, there are several strategic considerations that must be taken into account. One strategic consideration is the timing of the request. Victims may only request notice of the hearing and relevant provisions of the Act within the time and manner set by the court or Review Board. Therefore, it is important for victims or their representatives to be aware of the timelines and deadlines involved in the process, so they can make their request within the required timeframe. Failure to do so may result in the victim being left out of the process, which could have negative consequences for their rights and interests. Another strategic consideration is the manner in which the request is made. Victims may make a request for notice of the hearing and provisions of the Act in writing or orally. However, it is advisable for victims to make their request in writing, as this creates a record of the request and ensures that the court or Review Board is aware of the request and takes it into account in their considerations. Additionally, making a written request may also allow victims to include additional information or arguments to support their case. A third strategic consideration is the information that is included in the request. Victims should provide as much information as possible in their request to ensure that the court or Review Board is aware of their interests and concerns. This may include information about the impact of the crime on their life, any restitution or compensation they are seeking, or any other relevant information that may be helpful in the decision-making process. In terms of strategies that could be employed, victims or their representatives could work with legal professionals or victim advocates to ensure that their request is made in a timely, effective, and compelling manner. They could also seek to engage with the court or Review Board directly to provide additional information or arguments in support of their request. Additionally, victims or their representatives could look to leverage other provisions of the Criminal Code, such as Victim Impact Statements or the right to make submissions on a conditional release hearing, to increase their involvement in the criminal justice process and ensure that their rights and interests are protected. In conclusion, Section 672.5(5.1) of the Criminal Code of Canada is an important provision that allows victims to be involved in the criminal justice process. However, for the provision to be effective, victims and their representatives must consider key strategic considerations, including timing, manner, and information, to ensure that their request is made in a compelling and meaningful way. Employing effective strategies may help to increase the likelihood that victims' rights and interests are protected and respected throughout the criminal justice process.