INTRODUCTION AND BRIEF DESCRIPTION
This section allows the Review Board to order the non-publication of information that could identify a victim or witness in cases where an accused has been declared not criminally responsible or unfit to stand trial.
SECTION WORDING
672.501(3) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence other than the offences referred to in subsection (1) or (2), on application of the prosecutor, a victim or a witness, the Review Board may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the Review Board is satisfied that the order is necessary for the proper administration of justice.
EXPLANATION
Section 672.501(3) of the Criminal Code of Canada allows for the protection of the identity of victims and witnesses during a hearing held by a Review Board in relation to an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offense other than those referred to in subsection (1) or (2). This section allows for the Review Board to issue an order prohibiting the publication of any information that could identify the victim or witness in any document or broadcast or transmitted in any way if the Review Board believes that such an order is necessary for the proper administration of justice. The purpose of this section is to safeguard the privacy and safety of individuals who have been victims or witnesses of a crime committed by someone who has been deemed unfit to stand trial or not criminally responsible on account of a mental disorder. By protecting the identity of these individuals, Section 672.501(3) aims to prevent further harm from coming to them, while also ensuring that justice is properly administered. Overall, this section is an important provision of the Criminal Code of Canada as it recognizes the vulnerability of victims and witnesses in such cases and emphasizes the need to protect them from any potential harm or retaliation as a result of their involvement in the legal process.
COMMENTARY
Section 672.501(3) of the Criminal Code of Canada is a provision that allows the Review Board to make an order that prevents the publication of any information that could identify a victim or a witness in cases where the accused individual has been declared not criminally responsible on account of mental disorder or unfit to stand trial. This provision is necessary to protect the privacy and safety of victims and witnesses and ensure the proper administration of justice. The Review Board is a judicial body that is responsible for the supervision and management of individuals who are found to be not criminally responsible on account of mental disorder or unfit to stand trial. The hearing referred to in section 672.5 allows the Review Board to assess the mental condition and risk of the individual, as well as to develop a plan for their treatment, supervision, and possible release into the community. At the hearing, any interested party, including the prosecutor, victim, or witness, can make an application for an order preventing the publication of any information that could identify the victim or witness. The Review Board has the authority to make the order if it considers it necessary for the proper administration of justice. In practice, this provision is used to protect the privacy and safety of victims and witnesses in cases where they may be vulnerable to retaliation or other harm as a result of their testimony. For example, in cases of domestic violence or sexual assault, the victim may be at risk of further harm if their identity is revealed. Similarly, witnesses who testify against gang members or other violent criminals may be at risk of retaliation. However, the provision is not without controversy. Some critics argue that it can prevent the public from knowing about cases where individuals who have been found not criminally responsible on account of mental disorder or unfit to stand trial have committed violent or dangerous acts. In some cases, the identities of victims or witnesses may be a matter of public interest, and preventing their identification could undermine the transparency and accountability of the justice system. Overall, section 672.501(3) strikes a delicate balance between protecting the privacy and safety of victims and witnesses and preserving the openness and transparency of the justice system. It is an important provision that reflects the complex and sensitive nature of cases involving mental illness and the criminal justice system.
STRATEGY
Section 672.501(3) of the Criminal Code of Canada is an important provision that deals with the protection of victims and witnesses of crimes committed by individuals who have been declared not criminally responsible or unfit to stand trial due to a mental disorder. The provision allows a Review Board to make an order directing that any information that could identify a victim or witness shall not be published in any document or broadcast or transmitted in any way if the Review Board is satisfied that the order is necessary for the proper administration of justice. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. One of the primary considerations is the balance between the rights and interests of the accused, the victim, and the public. On the one hand, the accused has the right to a fair trial and the protection of their privacy and reputation. On the other hand, the victim and witnesses have a right to privacy and protection from harm, and the public has a right to know about the crimes committed in their community and the administration of justice. Another strategic consideration is the potential impact of the publication ban on the administration of justice. If the information that could identify a victim or witness is disclosed, it could lead to intimidation, harassment, or retaliation, which could undermine the credibility of the justice system. It could also deter victims and witnesses from coming forward, which could make it difficult for the Crown to prosecute the accused. To address these strategic considerations, several strategies could be employed. One of the most effective strategies is to work with the Crown and the Review Board to ensure that the publication ban is properly implemented and enforced. This could involve developing protocols and procedures to protect the identity of victims and witnesses, such as using pseudonyms or omitting identifying details from court documents or proceedings. Another strategy could be to engage with the media and the public to raise awareness of the importance of protecting the privacy and safety of victims and witnesses. This could involve developing public education campaigns and working with journalists and media outlets to ensure that they understand the importance of respecting the publication ban and not disclosing information that could identify a victim or witness. Finally, it could be useful to develop partnerships with community organizations and other stakeholders to provide support and assistance to victims and witnesses who are affected by the crimes committed by individuals who have been declared not criminally responsible or unfit to stand trial due to a mental disorder. This could include providing counseling, legal support, and other resources to help victims and witnesses recover from the trauma of the crime and navigate the criminal justice system. Overall, when dealing with Section 672.501(3) of the Criminal Code of Canada, it is essential to take a strategic and collaborative approach that prioritizes the rights and interests of all stakeholders and ensures that the justice system remains fair, transparent, and effective.