R v CC, 2018 ONCJ 542 (B. Green):

[16] While none of the statements that were prepared in this case used Form 34.2 in Part XXVIII,
this Court clearly has the discretion to receive the statements in their current written format. Two of
the statements are written in the style of a conversation with Mr. C.C. as opposed to direct
expressions to the Court about the impact these crimes have had on B.W. and her mother. They are,
however, simply speaking to how Mr. C.C. hurt and betrayed them as opposed to attacking him or
engaging in any vitriolic commentary.

[1]7 In addition, each of the statements contain information that is not about the impact these
crimes have had on the victims. It bears repeating that subsection 722(8) specifically states that I
shall only take into account the portions of the statements that are admissible and relevant when I
determine the appropriate sentence and I can “disregard any other portion” of these statements. I am
acutely aware of my own findings of fact and that I specifically found that the Crown had not
proven beyond a reasonable doubt the aggravating factor of “forced intercourse”. I will not in any
way be persuaded, influenced or confused by statements of facts in the victim impact statements
that do not conform to my own ruling.