INTRODUCTION AND BRIEF DESCRIPTION
The court can extend the time for holding a hearing up to 90 days after the verdict if exceptional circumstances exist.
SECTION WORDING
672.47(2) Where the court is satisfied that there are exceptional circumstances that warrant it, the court may extend the time for holding a hearing under subsection (1) to a maximum of ninety days after the verdict was rendered.
EXPLANATION
Section 672.47(2) of the Criminal Code of Canada relates to the holding of a hearing after a person has been found unfit to stand trial due to mental illness. According to subsection (1), once an accused person has been found unfit to stand trial, the court must hold a hearing to decide whether the person should be held in custody or released with conditions. However, subsection (2) allows for an extension of the time limit for holding this hearing, up to a maximum of ninety days after the verdict was rendered, if the court is satisfied that there are exceptional circumstances that warrant it. These exceptional circumstances may include situations where more time is required to obtain and review medical information, or where the accused's mental health deteriorates and they require additional treatment before the hearing can take place. It is important to note that the decision to extend the time limit must be made in accordance with the principles of fundamental justice. This means that the extension must be reasonable and necessary in the circumstances, and that the rights of the accused must be protected. Overall, section 672.47(2) provides flexibility in the timing of hearings relating to the fitness of an accused person to stand trial, while ensuring that the accused's rights are respected and that decisions are made in accordance with the principles of fundamental justice.
COMMENTARY
Section 672.47(2) of the Criminal Code of Canada provides the court with the option to extend the time for holding a hearing if there are exceptional circumstances that warrant it. The hearing being referred to in this provision is the hearing to determine the fitness of an accused person to stand trial. The fitness hearing is an essential component of the Canadian criminal justice system as it ensures that individuals who are deemed unfit to stand trial due to mental illness or intellectual disability are not unjustly prosecuted in the criminal justice system. The provision gives the court discretion to extend the time for the hearing up to ninety days after the verdict was rendered, thereby providing a degree of flexibility to the criminal justice system. This extension can be necessary when there are exceptional circumstances that hinder the timely completion of the hearing. The provision enables the court to accommodate unforeseen developments or events that impede the smooth progress of the hearing. However, it is essential to note that the ability to extend the time for the hearing is not absolute. The exceptional circumstances that warrant an extension must be persuasive and meriting of the court's attention. Moreover, any extension granted must not undermine the fair trial rights of the accused or unnecessarily prolong the detention of the accused. The provision strikes a balance between the need to respect the demands of timeliness in the criminal justice system and the need to do justice to the accused. By allowing the court to extend the time for the hearing, the provision ensures that the accused person's needs are taken into account, which includes the safeguarding of their rights and welfare. The provision also guards against the potential of injustice that might arise from rushing a hearing, particularly when the accused person is not fit to stand trial. Timely and efficient trials are critical for the efficiency and effectiveness of the criminal justice system, but this should not be at the expense of justice for the accused person. In conclusion, section 672.47(2) of the Criminal Code of Canada serves as an essential tool that provides the court with flexibility in the scheduling of fitness hearings. The provision offers a necessary degree of discretion while taking into account the exceptional circumstances that might arise in the criminal justice system. It strikes a balance between the need for timeliness and the need to protect the rights and welfare of the accused person.
STRATEGY
Section 672.47(2) of the Criminal Code of Canada gives the court the discretion to extend the time for holding a hearing after a verdict has been rendered in exceptional circumstances. This section presents a strategic consideration for both the prosecution and defense, as it can be utilized to either bolster or challenge a case. Some strategic considerations when dealing with this section of the Criminal Code of Canada and strategies that could be employed are discussed below. For the Prosecution: 1. Evidence Collection: When evidence is missing or additional information is needed, the prosecution can use this section of the Criminal Code to request more time for evidence collection. This strategy is commonly employed in cases where new evidence has come to light that could prove essential in securing a conviction. 2. Delay Tactics: In some circumstances, the prosecutor may seek an extension of the hearing for strategic reasons-to delay the case and dissipate the witness pool of the defendant, or to make it difficult for a defendant to prepare an adequate defense. This can have the effect of weakening the defense and strengthening the prosecution's position. 3. Pressure Tactic: If the prosecution has a strong case and the defense is seeking an extension of time, the prosecution may use this section of the Criminal Code as a tactic to pressure the defense to plead guilty instead of seeking an extension of time. For the Defense: 1. Additional Evidence: The defense could seek an extension of time to allow for the collection of additional evidence. This strategy can be useful when the defense believes that they have a strong case but require more time and resources to gather the evidence they need to make their case. 2. Delay Tactic: The defense can also use this section of the Criminal Code for delay tactics. If the defense believes that the prosecution's case is weak, then a time extension could put pressure on the prosecution to drop the charges. The defense may also use this time to build an even stronger case and demoralize the prosecution. 3. Collateral Consequences: The defense may also argue that holding the hearing immediately could lead to collateral consequences such as job loss, loss of housing, or other financial setbacks. They may seek extra time to prepare to mitigate these consequences. Conclusion: Section 672.47(2) of the Criminal Code of Canada presents strategic considerations for both the prosecution and defense. A request for extra time must be supported by compelling "exceptional circumstances," and this burden rests with the party seeking the extension. While this section of the Criminal Code offers an opportunity for additional time in preparing a case, both the prosecution and the defense must carefully consider the strategic implications before proceeding.