INTRODUCTION AND BRIEF DESCRIPTION
This section requires a periodic inquiry into the fitness to stand trial of an accused person who has been found unfit, to determine if they can now stand trial.
SECTION WORDING
672.33(1) The court that has jurisdiction in respect of the offence charged against an accused who is found unfit to stand trial shall hold an inquiry, not later than two years after the verdict is rendered and every two years thereafter until the accused is acquitted pursuant to subsection (6) or tried, to decide whether sufficient evidence can be adduced at that time to put the accused on trial.
EXPLANATION
Section 672.33(1) of the Criminal Code of Canada deals with the legal process to be followed in case an accused person is found unfit to stand trial. Unfitness to stand trial refers to the inability of the accused to understand the nature and purpose of the criminal proceedings, or to communicate effectively with their lawyer, due to a mental disorder or disability. In such cases, the court with jurisdiction over the matter is required to hold an inquiry within two years of the verdict being rendered and every two years thereafter. The purpose of the inquiry is to determine whether there is sufficient evidence available to support a trial. However, before the inquiry is held, the court must first determine the accused's mental state and whether it has improved or deteriorated since the last inquiry. The inquiry is conducted to assess whether the accused is still unfit to stand trial or if their mental state has improved to the point where they could understand the proceedings and participate in their own defense. If it is determined that the accused is still unfit to stand trial, the inquiry can be adjourned for up to two years. However, if the accused is deemed fit to stand trial, they will be tried for the alleged offence. It is important to note that the inquiry is not a trial or a determination of guilt. Its sole purpose is to assess the accused's fitness to stand trial. The legal process outlined in section 672.33(1) is necessary to ensure that the rights of the accused are protected, even in cases where they are unable to participate fully in the criminal proceedings due to mental incapacity.
COMMENTARY
Section 672.33(1) of the Criminal Code of Canada sets out the requirement for a court to hold an inquiry into an accused who has been found unfit to stand trial. This provision is an important safeguard for individual rights, especially in the criminal justice system, which requires that every accused is given a fair trial and treatment in accordance with the principles of justice. If an accused person is found unfit to stand trial, it means that they lack the mental capacity to understand the nature of the charges against them, to communicate with their counsel, or to make decisions regarding their defense. In such an instance, they cannot be tried for the alleged offenses, and the court must make a determination about their fitness before proceeding with any legal processes. The purpose of the inquiry under Section 672.33(1) is to protect the rights of the accused while also ensuring that justice is done. The inquiry determines whether sufficient evidence can be presented to put the accused on trial or not. This is important as it ensures that an accused person is not deprived of their liberty without just cause or reasonable justification. A court can conduct an inquiry no later than two years after the verdict is rendered and every two years thereafter until the accused is either acquitted or tried. This time limit ensures that the inquiry is prompt and that the accused is not left in a state of legal uncertainty for long periods. However, it also means that the inquiry must be conducted efficiently and effectively to avoid any delays, which would be prejudicial to the accused person. The inquiry under Section 672.33(1) involves the presentation of evidence by both the prosecution and the defense. The court must consider all the evidence presented when making its determination, including any new evidence that may have emerged since the last inquiry. The court also has the power to call witnesses to give evidence or order the production of documents to aid in its determination. The inquiry is an essential component of the Canadian criminal justice system, which upholds the fundamental rights and freedoms of every individual. It provides ample protection for accused persons who may be unfit to stand trial, ensuring that they are not unduly subjected to legal processes without a valid reason. In conclusion, Section 672.33(1) of the Criminal Code of Canada is an important legal provision that ensures the protection of individual rights in the criminal justice system. It mandates courts to conduct inquiries into the fitness of an accused person to stand trial, ensuring that they are not subjected to legal proceedings without sufficient evidence or justification. The provision is a fundamental safeguard for accused persons and a cornerstone of the Canadian justice system.
STRATEGY
Section 672.33(1) of the Criminal Code of Canada outlines the requirement for an inquiry to be held by the court when an accused is found unfit to stand trial. This inquiry is conducted to determine whether sufficient evidence exists to put the accused on trial. This section raises some strategic considerations for the parties involved in the proceedings, including the Crown, the defence counsel, and the court. One of the primary strategic considerations for the Crown is to ensure that it has the necessary evidence to establish a strong case against the accused. If the court determines that there is not sufficient evidence to put the accused on trial, the charges may be dismissed, which is not favourable for the Crown. Thus, the Crown must carefully evaluate the evidence it has and consider any additional evidence that it may need to obtain. The Crown may need to rely on forensic scientists, medical professionals, and other experts to provide the necessary evidence. Another strategic consideration for the defence counsel is to challenge the evidence presented by the Crown. If the defence can successfully argue that the evidence is insufficient to establish a prima facie case, the charges may be dismissed. Additionally, the defence may argue that the accused is not fit to stand trial due to mental health issues, which could result in the accused being referred for treatment instead of facing trial. The court must also consider several strategic considerations when dealing with Section 672.33(1). The court has a duty to ensure that the accused receives a fair trial and that the evidence presented is sufficient to establish a prima facie case. The court must determine if there is enough evidence to put the accused on trial and balance the interests of the accused, the Crown, and the justice system. One strategy that could be employed by the Crown is to provide all the necessary evidence upfront to meet the evidentiary threshold. This strategy could result in the accused being put on trial without delay. Alternatively, the Crown may choose to present the evidence in a piecemeal manner to prolong the proceedings and give time for the additional evidence to be obtained. A defence counsel strategy could be to argue that the accused is unfit to stand trial and require a delay in the inquiry until the accused is deemed fit to stand trial. This strategy could prolong the proceedings and may result in the accused having to undergo treatment for mental health issues. The court could also adopt a strategy of monitoring the progress of the case and scheduling the inquiry at a time when necessary evidence is available. The court may also order a preliminary hearing to gauge the strength of the Crown's case before scheduling the inquiry. In conclusion, Section 672.33(1) raises several strategic considerations for the parties in the proceedings. The Crown, defence counsel, and court must carefully evaluate the evidence, consider the interests of all parties involved, and determine the appropriate course of action to ensure a fair trial for the accused.