R C LAURIN OU L’INCOMPRÉHENSION DU RÔLE DE LA DÉCLARATION DE LA VICTIME
This commentary criticizes the Court of Québec’s decision in R c Laurin for excluding a statement written by the mother of the victim of a fatal accident involving a police patrol car and the vehicle driven by the victim. While the offender was charged with one count of dangerous operation causing death and one count of dangerous operation causing bodily harm, he was only convicted of the latter. As a result, the sentencing judge ruled that the victim impact statement was inadmissible given that it made mention of the death, which resulted from a charge of which he was not convicted. This commentary presents the opinion that this Court of Québec decision is an error of law because both judicial precedent and the law require legal actors to treat victim impact statements favorably even when they contain legally inadmissible extracts.
Keywords:Sentence, Victim, Statement, Inappropriate mentions, Acceptance
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