INTRODUCTION AND BRIEF DESCRIPTION
The Review Board can hold a private hearing to determine if an order under subsection (3) should be made.
SECTION WORDING
672.501(7) The Review Board may hold a hearing to determine whether an order under subsection (3) should be made, and the hearing may be in private.
EXPLANATION
Section 672.501(7) is part of the Criminal Code of Canada, which deals with the administration of justice for mentally disordered persons. This section outlines the powers of the Review Board regarding holding a hearing and the possibility of a private hearing. The Review Board is a body established by the federal government to conduct an assessment of individuals who have been found not criminally responsible (NCR) or unfit to stand trial due to a mental disorder. This assessment is intended to determine whether the individual poses a risk to public safety and whether they require any treatment or supervision to manage their mental disorder. Subsection 3 of Section 672.501 allows the Review Board to make an order that an individual be discharged absolutely, conditionally, or subject to certain conditions. If the Review Board decides that such an order is appropriate, Section 672.501(7) allows them to hold a hearing, which may be in private, to determine whether this order is appropriate. The need for a private hearing may arise in circumstances where the individual's privacy or security is at risk, or if sensitive personal or medical information needs to be discussed. In such cases, the Review Board has the discretion to hold a hearing that is not open to the public. Overall, Section 672.501(7) underscores the importance of protecting the rights and privacy of individuals who are undergoing a mental health assessment. It provides flexibility to the Review Board to conduct hearings in a manner that is appropriate to the circumstances and to ensure that the needs of mentally disordered persons are met while still maintaining public safety.
COMMENTARY
Section 672.501(7) of the Canadian Criminal Code outlines the circumstances in which a Review Board may conduct a private hearing to determine whether an order should be made. This section is applicable in cases of individuals who have been found not criminally responsible on account of a mental disorder. Mental illness is a serious issue that affects many individuals in Canada. When an individual commits a criminal offense due to their mental health disorder, the justice system has the responsibility to ensure that justice is served while also taking into consideration the individual's mental state. It is essential to protect the rights of these individuals and ensure that they receive proper treatment to recover from their mental illness. When someone is found not criminally responsible for their offense due to mental illness, the Review Board is responsible for conducting a hearing to determine whether an order should be made. This order may include releasing the individual on a conditional discharge, detaining them in a hospital, or placing them under supervision in the community. In some instances, the Review Board may decide to hold a private hearing rather than a public one. The decision to hold a private hearing rests solely with the Review Board, and the reasons for holding a private hearing are not outlined in the Criminal Code. However, it is generally known that these types of hearings are held to protect the privacy of the individual and their medical history. Privacy is a fundamental right that should be extended to all individuals, even those who have been found not criminally responsible for their offense due to mental illness. However, the decision to hold a private hearing must be weighed against the public's right to know. The public has a vested interest in knowing how the justice system is dealing with individuals who have mental illness and who have been found not criminally responsible for their offense. The decision to hold a private hearing must be made on a case-by-case basis and must be justified by the Review Board. In some instances, a private hearing may be necessary to protect the mental health of the individual or to ensure that they receive treatment without fear of judgment or discrimination. In others, a private hearing may be held to prevent an unnecessary invasion of the individual's privacy. In conclusion, Section 672.501(7) of the Canadian Criminal Code ensures that individuals who have been found not criminally responsible for their offense due to mental illness are protected and receive the appropriate treatment. The decision to hold a private hearing must be justified by the Review Board and weighed against the public's right to know. The importance of privacy cannot be overstated, but it must be weighed against the public's right to information and the necessity of transparency in the justice system. Ultimately, the goal is to strike a balance that protects the rights of the individual while also ensuring that the justice system remains transparent and accountable to the public.
STRATEGY
One strategic consideration when dealing with Section 672.501(7) of the Criminal Code of Canada is the importance of being prepared for a potential hearing. If an individual has been found not criminally responsible on account of mental disorder and the Review Board is considering making an order under subsection (3), it is important to strategize and prepare for a potential hearing to determine the necessity of such an order. One strategy that could be employed is to gather evidence and testimony from medical or mental health professionals who have treated or evaluated the individual. This evidence can be used to support the argument that the individual does not pose a significant threat to the safety of the public and does not require an order under subsection (3). This strategy could involve gathering reports from medical professionals that document the individual's progress in treatment and their levels of stability over time. Additionally, having mental health professionals testify during the hearing can be useful in presenting a more comprehensive picture of the individual's condition and rehabilitation. Another strategy that could be employed is to hire a lawyer or legal representative who is knowledgeable about the Criminal Code of Canada's provisions on not criminally responsible on account of mental disorder. A criminal lawyer with experience in this area will be able to provide guidance and support in navigating the legal system and advocating for the individual's rights and needs during the hearing. The lawyer can also help ensure that all relevant evidence is submitted and presented effectively during the hearing. Additionally, it may be helpful to consider the potential consequences of a public versus private hearing. Section 672.501(7) of the Criminal Code of Canada allows for the hearing to be held in private. Depending on the circumstances, it may be strategically advantageous to request a private hearing to protect the individual's privacy and prevent public scrutiny. Nevertheless, having a public hearing can also be useful if the goal is to raise awareness and challenge stigmatizing attitudes towards individuals with mental disorders, as well as advocate for more support for mental health treatment and rehabilitation services. Overall, strategic considerations when dealing with Section 672.501(7) of the Criminal Code of Canada involve being prepared for a potential hearing, gathering relevant evidence and testimony, hiring legal representation, and considering whether a hearing should be public or private. These strategies can help ensure that the individual's rights are protected and that the outcome of the hearing is fair and just.