INTRODUCTION AND BRIEF DESCRIPTION
If accused is found fit to stand trial, proceedings will continue as usual.
SECTION WORDING
672.28 Where the verdict on trial of the issue is that an accused is fit to stand trial, the arraignment, preliminary inquiry, trial or other stage of the proceeding shall continue as if the issue of fitness of the accused had never arisen.
EXPLANATION
Section 672.28 of the Criminal Code of Canada establishes the legal framework and procedure for determining the fitness of an accused person to stand trial. The section outlines the specific actions that must be taken by the court and the preconditions for continuing with the trial after the issue of fitness has arisen. When an accused person is brought before the court, the judge must first determine if they are mentally fit to stand trial. To do this, the judge can order a psychiatric or psychological assessment to determine the accused's mental state. If the assessment determines that the accused is fit to stand trial, the judge will make a ruling to this effect. If the verdict is that the accused is fit to stand trial, then the arraignment, preliminary inquiry, trial, or other stage of the proceeding will continue as usual. In other words, the question of the accused's fitness to stand trial will no longer be a factor in the proceedings, and the case will proceed in the same way it would have if the fitness issue had never arisen. The section exists to ensure that justice is served and that the legal proceedings are fair and just for all parties involved. By ensuring that the accused is mentally competent to stand trial, the system safeguards their rights and ensures that the outcome of the case is based on the facts and evidence presented, rather than on arbitrary assessments of the accused's mental state.
COMMENTARY
Section 672.28 of the Criminal Code of Canada is an important provision that governs the process of determining an accused person's fitness to stand trial. When an accused person is charged with a criminal offense, they must be able to understand the charges against them and be able to participate in their own defense. If there is doubt about the accused person's mental fitness to stand trial, the court will hold a fitness hearing to determine whether or not the accused person is able to understand the nature and consequences of the proceedings against them. If it is determined that the accused person is unfit to stand trial, the proceedings against them are suspended until such time as the accused person regains their fitness. However, if it is determined that the accused person is fit to stand trial, the proceedings continue as if the issue of fitness had never arisen. This means that the accused person will still face arraignment, preliminary inquiry, trial, and other stages of the proceeding, and will be held fully accountable for their actions if found guilty. The purpose of Section 672.28 is to ensure that the criminal justice system is able to proceed with the trial of an accused person, without delay or interruption, once the accused person's fitness to stand trial has been determined. This is important for several reasons. First, it ensures that justice is served in a timely and efficient manner, without undue delay or expense. Second, it ensures that the rights of the accused person are protected, by allowing them to participate in their own defense and have their day in court. Finally, it helps to maintain public confidence in the criminal justice system, by ensuring that those who are responsible for criminal offenses are held accountable for their actions. However, there may be situations where proceeding with the trial of an accused person who has been found fit to stand trial may be problematic. For example, if the accused person has a mental illness or disability that affects their ability to participate in their own defense, the trial may not be fair or just. In such cases, it may be necessary for the court to take additional steps to ensure that the accused person is able to fully participate in their own defense, such as appointing a lawyer or an advocate, or providing additional support or accommodations. In conclusion, Section 672.28 of the Criminal Code of Canada plays an important role in ensuring that the criminal justice system is able to proceed with the trial of an accused person, once their fitness to stand trial has been determined. While this provision ensures that justice is served in a timely and efficient manner, it is important to remember that there may be situations where additional steps are necessary to ensure that the accused person is able to participate in their own defense and that the trial is fair and just.
STRATEGY
Section 672.28 of the Criminal Code of Canada establishes that when a verdict is reached on the issue of an accused's fitness to stand trial, the proceeding will continue as though the fitness issue had never arisen. This section is critical in ensuring that criminal proceedings can continue without delay, even when a fitness issue has been raised. However, legal professionals need to consider a range of strategic factors when dealing with this section, including the scope of the inquiry, the presumption of fitness, and the implications of fitness issues on legal process. One of the key strategic considerations when dealing with Section 672.28 is the scope of the inquiry. When there is doubt about an accused's fitness to stand trial, the judge must order an inquiry into the matter as part of the preliminary inquiry. Legal professionals involved in the process must ensure that the inquiry is comprehensive and addresses all issues relevant to the accused's fitness. This includes evaluations of the accused's mental and physical condition, such as their cognitive ability to understand legal proceedings, communication skills, and ability to participate in their defense. Another strategic consideration when dealing with Section 672.28 is the presumption of fitness. The Criminal Code presumes that everyone is fit to stand trial, and it is the responsibility of the party raising the issue of fitness to prove the contrary. This legal presumption is significant for defense counsel, who must overcome this legal hurdle to succeed in their fitness challenge. As such, defense counsel must consider the evidence that will establish that the accused is not fit, the strengths and limitations of the evidence they have, and whether additional evidence or expert testimony is needed. In addition, legal professionals must consider the implications of fitness issues on legal process. Section 672.28 establishes that when an accused is found fit to stand trial, the proceeding will continue as though the fitness issue never arose. However, this raises questions about the quality of the trial if it proceeds under those circumstances. These concerns may include the accused's understanding of the proceedings, their ability to participate effectively in their defense, and possible negative impacts on the accused's mental health or well-being. To address these concerns, legal professionals can employ several strategies, such as requesting accommodations or changes to court proceedings to make the process more accessible to the accused. They can also seek expert testimony from mental health professionals to support their arguments in fitness hearings. Lawyers can also explore alternative legal pathways, such as working with prosecutors to find alternative methods to resolve the case outside of the traditional criminal justice system. In conclusion, Section 672.28 of the Criminal Code of Canada presents strategic considerations for legal professionals in managing criminal proceedings when issues of fitness arise. Legal professionals must ensure that the inquiry is comprehensive, challenge the presumption of fitness, and consider the implications of fitness issues on legal process. With the right strategies in place, legal professionals can ensure that the rights of the accused are protected and that the fitness issues are dealt with in a way that is fair, just, and consistent with Canadian law.