Apologies in the Age of the Internet
An apology is one means by
which an offender can demonstrate his/her remorse and take personal responsibility
for wrongdoing. The capacity of human
beings who have erred to recognize the magnitude of their wrongdoing, and to
redeem themselves, offers perhaps the best hope that those who have committed
crimes will not repeat them.
Sincere apologies have
significance, not only for courts (as they provide at least some assurance of
the redirection of the offender) but also for some victims.
Before determining the
sentence to be imposed, the sentencing court is required to ask whether the
offender has anything to say (section 726, Criminal
Code). If the offender takes this opportunity
to acknowledge responsibility and apologize to his victim, he will usually find
himself apologizing at a time when the victim is not physically present in court to hear
the apology.
In the age of the
internet, an offender who wishes to make a written apology to a victim of his
crime now takes a risk that the victim may post that apology on the
internet. Though that risk may be low, and
one should not presume that a victim of a crime will broadcast a written
apology across the internet, there is nothing stopping a victim from doing so, per se.
Information put online can
have unknown permanence. An offender,
particularly a young offender, should be entitled to closure at some point in
time. Further, the risk of internet exposure can be a disincentive to conveying
an apology.
Written Apologies and Probation Orders
Where the offender is
subject to a probation order, one novel way of addressing these challenges is by
the inclusion of a condition such as the following:
“That [name of the offender] prepare
a letter of apology to the complainant, and that this letter be provided to the
probation officer who will read it to the complainant, if the complainant so
desires. (The letter itself is not to be
provided to the complainant).” [FN]
If the probation order
also includes a condition that there be no contact between the offender and the
complainant, the sentencing court should also include a specific exception to
the non-contact requirement for the purposes of allowing the probation officer
to read the complainant the apology, as the reading of the apology constitutes
a form of indirect communication between the offender and the complainant.
[FN] The probation office should
be consulted in advance to assure their willingness and ability to supervise
this condition, as a probation order compels the offender to comply with its
conditions, not the probation office.
Stuart
O’Connell, O’Connell Law Group, www.leadersinlaw.ca
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