Criminal Code

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.

• Marginal note:Inquiry by court

  (1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).

• Marginal note:Adjournment

  (1.2) On application of the prosecutor or the community or on its own motion, the court may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (6) if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

• Marginal note:Form

  (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 or a support animal;

  • (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 videoconference 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.

• Marginal note:Evidence concerning community admissible

  (6) Whether or not a statement has been prepared and filed in accordance with this section, the court may consider any other evidence concerning the community for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.