Marginal note:Copy of statement
722.1 The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.
- 1995, c. 22, s. 6;
- 1999, c. 25, s. 18(Preamble).
Marginal note:Community impact statement
722.2 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement made by an individual on a community’s behalf that was prepared in accordance with this section and filed with the court describing the harm or loss suffered by the community as the result of the commission of the offence and the impact of the offence on the community.
(2) The statement must be prepared in writing, using Form 34.3 in Part XXVIII, in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction.
Marginal note:Presentation of statement
(3) The court shall, on the request of the individual making the statement, permit the individual to present the statement by
(a) reading it;
(b) reading it in the presence and close proximity of any support person of the individual’s choice;
(c) reading it outside the court room or behind a screen or other device that would allow the individual not to see the offender; or
(d) presenting it in any other manner that the court considers appropriate.
Marginal note:Conditions of exclusion
(4) The individual making the statement shall not present it outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
Marginal note:Copy of statement
(5) The clerk of the court shall, as soon as feasible after a finding of guilt, provide a copy of the statement to the offender or counsel for the offender, and to the prosecutor.
- 1999, c. 25, s. 18(Preamble);
- 2015, c. 13, s. 26.
Marginal note:Submissions on facts
723. (1) Before determining the sentence, a court shall give the prosecutor and the offender an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed.
Marginal note:Submission of evidence
(2) The court shall hear any relevant evidence presented by the prosecutor or the offender.
Marginal note:Production of evidence
(3) The court may, on its own motion, after hearing argument from the prosecutor and the offender, require the production of evidence that would assist it in determining the appropriate sentence.
Marginal note:Compel appearance
(4) Where it is necessary in the interests of justice, the court may, after consulting the parties, compel the appearance of any person who is a compellable witness to assist the court in determining the appropriate sentence.
Marginal note:Hearsay evidence
(5) Hearsay evidence is admissible at sentencing proceedings, but the court may, if the court considers it to be in the interests of justice, compel a person to testify where the person
(a) has personal knowledge of the matter;
(b) is reasonably available; and
(c) is a compellable witness.
- R.S., 1985, c. C-46, s. 723;
- 1995, c. 22, s. 6.
- Date modified: