Some courts have excluded victim information from being considered at section 745 hearings because this information was felt to be a form of victim-impact statement, which, according to the Criminal Code , can only be heard at sentencing hearings. The Criminal Code has been amended to allow victim information at section 745 hearings. This will ensure that the victim's experience is taken into account in determining whether the period of parole ineligibility should be reduced. Restitution Chapter 22 contains measures that allow judges to order restitution to cover property loss and personal injury. Expanded restitution would also be available in situations where a person, acting in good faith, unwittingly becomes a victim of criminal activities by, for example, unknowingly buying stolen property that is later confiscated by police.
Provision is made to ensure that restitution orders can be enforced by the civil courts.
Victims will also be notified of restitution orders. As well, the Criminal Code specifically states that any restitution ordered by a criminal court will not limit a victim's right to sue for damages in a civil court. These amendments recognize the tremendous financial impact that crime can have on victims, and ensure that compensation to the victim will be considered as part of the normal process of sentencing. They remove the need for victims to apply for compensation, and broaden the options available to them. Currently, one-third of admissions to correctional institutions in Canada are for not paying fines.