Criminal Code (R.S.C., 1985, c. C-46)

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.