section 672.11

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the circumstances under which a court may order a mental health assessment for an accused person.

SECTION WORDING

672.11 A court having jurisdiction over an accused in respect of an offence may order an assessment of the mental condition of the accused, if it has reasonable grounds to believe that such evidence is necessary to determine (a) whether the accused is unfit to stand trial; (b) whether the accused was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1); (c) whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child; (d) the appropriate disposition to be made, where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial has been rendered in respect of the accused; or (e) whether an order should be made under section 672.851 for a stay of proceedings, where a verdict of unfit to stand trial has been rendered against the accused.

EXPLANATION

Section 672.11 of the Criminal Code of Canada gives a court the authority to order a mental health assessment of an accused person if there are reasonable grounds to believe that such evidence is necessary to determine various issues related to the accused's mental condition. This section applies to different stages of the judicial process, including determining whether an accused is fit to stand trial, whether they were suffering from a mental disorder at the time they committed an offence, and what the appropriate disposition should be if they are found to be not criminally responsible on account of mental disorder. It also applies to female persons charged with an offence related to the death of their newly-born child and whether their balance of mind was disturbed at the time of the offence. This section offers the opportunity to explore the mental state of the accused in a comprehensive and objective manner. Through such assessment, the court can determine the culpability of the accused and decide on the most appropriate course of action in accordance with the law. Mental health assessments conducted under this section must be conducted by qualified mental health professionals with expertise and training in the relevant areas. The purpose of this section is to ensure that the interests of justice are served, and that an accused is treated fairly and appropriately in accordance with the law.

COMMENTARY

Section 672.11 of the Criminal Code of Canada outlines the circumstances under which a court may order a mental assessment of an accused person. The provision highlights that the assessment can be used to determine the fitness of an accused person to stand trial, their criminal responsibility due to mental disorder, the appropriate disposition to be made, and whether a stay of proceedings is warranted. The provision underscores the importance of assessing the mental health of an accused person in criminal proceedings, as it is crucial in determining their level of criminal responsibility or fitness to stand trial. Mental disorders such as schizophrenia, bipolar disorder, and depression can cloud the judgment of an accused person, thus resulting in them committing an offence. In such scenarios, ordering a mental assessment can help determine whether an accused person was suffering from a mental disorder at the time the crime was committed. Additionally, the provision highlights the need for assessing whether a female person charged with an offence arising out of the death of her newly-born child had her 'balance of the mind disturbed at the time of the commission of the alleged offence.' This clause recognizes that post-partum depression and other mental health conditions can affect a new mother's judgment and lead them to commit an offence that they would not have committed under normal circumstances. The provision emphasizes the need for such individuals to receive appropriate mental health care, rather than being incarcerated. Section 672.11 also acknowledges the possibility that an accused person may be declared not criminally responsible on account of a mental disorder or unfit to stand trial. This recognition highlights that criminal proceedings must consider not only the actions of an accused person but also their mental state. Where an accused person is declared not criminally responsible or unfit to stand trial, the provision states that a mental assessment may be undertaken to determine the appropriate disposition to be made. This provision was enacted to address concerns that the criminal justice system does not adequately consider mental health issues in criminal proceedings. Mental illness can interfere with a person's capacity to make sound judgments, which, in turn, can result in criminal activity. The provision recognizes that appropriate assessment and treatment of mental illness are necessary for fair and responsible judicial proceedings. In conclusion, the provision in Section 672.11 of the Criminal Code of Canada acknowledges the intersection between mental health and criminal proceedings. It highlights the importance of assessing the mental condition of an accused person to determine their criminal responsibility or fitness to stand trial. The provision ensures that the criminal justice system is fair, just and accountable, especially for those whose mental condition made them vulnerable to criminal behaviour.

STRATEGY

When dealing with Section 672.11 of the Criminal Code of Canada, there are several strategic considerations that legal practitioners must keep in mind. For instance, they must be aware of the different parts of the section and the criteria that must be met in order to apply for a mental assessment order. Additionally, they must remain cognizant of the sensitivity surrounding mental health issues and handle such situations with care. One strategy that could be employed is to carefully review the circumstances surrounding the charges being faced by the accused with a view to determining whether a mental assessment order is necessary. This may involve reviewing relevant medical records, engaging medical professionals to provide opinions or reviewing police reports. This can help legal practitioners to determine whether there is reasonable grounds to believe that the accused has a mental disorder that may affect their criminal responsibility or fitness to stand trial. Another strategy that could be employed is to engage with the prosecution and the court in a constructive manner when seeking a mental assessment order. Legal practitioners must ensure that they explain the need for such an assessment fully. They must also provide reasoned arguments and supporting documentation to convince the court that a mental assessment order is necessary to determine the accused's criminal responsibility or fitness to stand trial. This may involve preparing written submissions, presenting relevant case law or engaging expert witnesses. Legal practitioners may also wish to prepare their clients for any potential mental assessment order by explaining the process, including what to expect during the assessment, who will conduct it and how it will impact their case. This can help to alleviate any fears or concerns that the accused may be experiencing and ensure that they are fully aware of their rights. In conclusion, dealing with Section 672.11 requires legal practitioners to be highly strategic in their approach. They must carefully review the case, make reasoned arguments and engage with the court and prosecution in a constructive manner. Additionally, they must remain sensitive to the accused's mental health needs and concerns. By employing these strategies, legal practitioners can ensure that the accused's rights are protected while also ensuring that justice is served in the most appropriate manner.