INTRODUCTION AND BRIEF DESCRIPTION

Sentencing judge may prohibit communication with victims, witnesses or others during custodial period, unless specified in order.

SECTION WORDING

743.21(1) The sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.

EXPLANATION

Section 743.21(1) of the Criminal Code of Canada outlines the powers of a sentencing judge to issue an order prohibiting the offender from communicating with any victim, witness, or other person identified in the order during the custodial period of their sentence. This order is aimed at protecting victims and witnesses from potential harassment and intimidation by offenders while they serve their sentence. The order may include specific conditions that the offender must abide by when communicating with these individuals, as determined by the sentencing judge. The order applies during the period of custody, meaning that the offender is prohibited from any form of communication during their time in prison or custody. This provision exists to protect the safety and wellbeing of victims, witnesses, and others who may have been impacted by the offender's actions. It allows them to have some peace of mind during the custodial period of the offender's sentence, without fear of being contacted or harassed by the offender. Any breach of the communication order can result in serious consequences for the offender, including further charges and penalties. As such, this provision acts as a significant deterrent for offenders who may be considering reaching out to their victims or witnesses during their time in custody. Overall, Section 743.21(1) is a critical provision in the Criminal Code of Canada, providing a crucial layer of protection for victims, witnesses, and others who may be vulnerable to harassment or intimidation by offenders.

COMMENTARY

Section 743.21(1) of the Criminal Code of Canada is an important piece of legislation designed to protect victims, witnesses, and other individuals who may be involved in a criminal case from harassment or intimidation. This section of the Code allows a sentencing judge to issue an order that prohibits an offender from communicating directly or indirectly with any victim, witness, or other person identified in the order during their custodial period of the sentence, except in accordance with any conditions specified in the order that the judge considers necessary. The purpose of this section is to protect victims and witnesses from potential harm or intimidation by an offender. It gives the judge the discretion to issue an order that prevents an offender from being in contact with these individuals during their time in custody. This order may also extend to family members of the victim or witnesses, or to any other individual who may be at risk of harm or intimidation from the offender. Moreover, the provision of such protections is vital to ensuring that the justice system functions effectively. One of the primary concerns for any court of law is the safety and security of the people involved in a criminal case. If victims or witnesses are harassed or intimidated, they may be reluctant to participate in future court proceedings, which could undermine the ability of the justice system to provide justice to all concerned parties. The section also recognizes that communication can take many forms, and so it provides flexibility and discretion to judges to determine what types of communication should be prohibited. This includes not only direct or face-to-face communication but also indirect forms of communication, such as phone calls, emails, text messages, or social media platforms. With this flexibility, the judge can make informed decisions on how best to protect victims and witnesses without unduly restricting the offender's communication rights. Furthermore, the section outlines that the judge may impose specific conditions on the prohibition order. These conditions must be necessary and reasonable, and the judge will consider a range of factors when deciding what conditions are appropriate. This could include factors like the nature of the offense, the offender's history of violence or intimidation, or the risk of harm or violence to victims or witnesses. In conclusion, Section 743.21(1) of the Criminal Code of Canada is a necessary and vital provision of legislation designed to protect victims, witnesses, and other individuals who may be involved in a criminal case. It acknowledges that communication can take many forms and provides flexibility to judges to determine what types of communication should be prohibited. This legislation provides us with the necessary tools to ensure that our justice system functions effectively and that victims and witnesses can participate in court proceedings without fear of harassment or intimidation.

STRATEGY

Section 743.21(1) of the Criminal Code of Canada provides a powerful tool for sentencing judges to restrict the communication of offenders with victims, witnesses, or other persons during their custodial period. The prohibition of communication is not absolute, and the sentencing judge has the discretion to impose conditions that are necessary. Strategic considerations arise when dealing with this section of the Criminal Code, particularly in cases where a victim or witness has expressed fear for their safety or well-being. One strategic consideration is the timing of the application for the order. The application can be made either at the time of sentencing or at a later time during the custodial period. An early application may result in a more robust and tailored order, which may prevent disruptions in the rehabilitation of the offender, and minimize the harm and trauma experienced by the victim or witness. However, a later application may provide an opportunity for the judge to obtain a better understanding of the offender's progress, and may result in a more specific order with respect to the conditions. Another strategic consideration is the scope of the prohibition. The order can prohibit the offender from communicating, directly or indirectly, with any victim, witness, or other person identified in the order. The scope of the prohibition may be tailored to the specific circumstances of the case. For example, it may be appropriate to restrict communication with specific individuals but to allow communication with others. The order may also include conditions that allow communication within certain limits, such as through a lawyer or a third-party mediator. A third strategic consideration is the duration of the order. The order may be imposed for the entire custodial period of the sentence or for a specific period of time that may be longer or shorter than the custodial period. The duration of the order may depend on the perceived risk or threat to the victim or witness. It may also depend on the offender's progress and behavior during their custodial period. One strategy that could be employed is to provide the sentencing judge with a victim impact statement that describes the harm and trauma caused by the offender's behavior. The victim impact statement may include information about the victim's fear of future contact with the offender, the offender's pattern of behavior, or any other relevant information that may assist the judge in making an informed decision. Another strategy is to work with the Crown prosecutor to identify the specific conditions that are necessary to ensure the safety and well-being of the victim or witness. For example, the order may require the offender to complete a specific program or to report any attempt to contact the victim or witness. In conclusion, Section 743.21(1) of the Criminal Code of Canada provides a valuable tool for protecting the safety and well-being of victims, witnesses, and other persons. Strategic considerations arise when dealing with this section of the Criminal Code, and various strategies may be employed to ensure the most effective and appropriate order is imposed. Ultimately, the goal of the order is to prevent further harm and provide the victim or witness with a sense of security and safety.