Criminal Code of Canada - section 672.54 - Dispositions that may be made

section 672.54

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the dispositions that should be made by a court or Review Board when considering the mental condition and dangerousness of an accused individual, including options for discharge or detention with appropriate conditions.

SECTION WORDING

672.54 Where a court or Review Board makes a disposition under subsection 672.45(2) or section 672.47 or 672.83, it shall, taking into consideration the need to protect the public from dangerous persons, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, make one of the following dispositions that is the least onerous and least restrictive to the accused: (a) where a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused and, in the opinion of the court or Review Board, the accused is not a significant threat to the safety of the public, by order, direct that the accused be discharged absolutely; (b) by order, direct that the accused be discharged subject to such conditions as the court or Review Board considers appropriate; or (c) by order, direct that the accused be detained in custody in a hospital, subject to such conditions as the court or Review Board considers appropriate.

EXPLANATION

Section 672.54 of the Criminal Code of Canada outlines the various dispositions that a court or review board can make after finding someone not criminally responsible on account of mental disorder. This section seeks to balance the need to protect the public with the mental and societal needs of the accused. There are three possible dispositions outlined in this section. The first is an absolute discharge, which means the accused is released without any conditions or restrictions. This is only an option if the court or review board determines that the accused is not a significant threat to public safety. The second option is a conditional discharge, where the accused is released subject to conditions deemed appropriate by the court or review board. This could include things like attending treatment or therapy programs, residing at a specific location, or abstaining from drugs and alcohol. The third option is detention in custody in a hospital, subject to the conditions deemed appropriate by the court or review board. This means the accused would be held in a hospital setting, likely undergoing treatment until deemed safe to be released back into society. Overall, this section aims to provide a framework for balancing the safety needs of the public with the rehabilitation and treatment needs of the accused who has been found not criminally responsible on account of mental disorder. By requiring the least onerous and least restrictive disposition, the criminal justice system seeks to find a just solution for all parties involved.

COMMENTARY

Section 672.54 of the Criminal Code of Canada deals with the dispositions that a court or Review Board can make when an accused is found not criminally responsible on account of mental disorder. This section is important because it balances the protection of the public with the rights and needs of the accused. The section requires that the court or Review Board take into consideration four factors: the need to protect the public from dangerous persons, the mental condition of the accused, the reintegration of the accused into society, and the other needs of the accused. This is critical because it ensures that the accused is not only given the appropriate treatment but also has their rights and needs recognized. There are three dispositions listed in the section, and they become progressively restrictive based on the danger that the accused poses to the safety of the public. The first disposition is the discharge of the accused. This would only be granted if the court or Review Board determines that the accused is not a significant threat to the safety of the public. This disposition reflects the least restrictive option available. The second disposition is the discharge of the accused subject to conditions. This is a step up from the first disposition because it places conditions on the accused's freedom. These conditions can include staying away from certain people or places, attending regular psychiatric treatment sessions, or taking medication to manage their condition. The third disposition is the detention of the accused in custody in a hospital. This is the most restrictive disposition because it places the accused in a locked facility, where they can receive intensive treatment. This disposition would only be granted if the court or Review Board determines that the accused poses a significant risk to the safety of the public. This section of the Criminal Code of Canada is crucial because mental illness can impact people's behaviour and decision-making abilities. If an accused is not criminally responsible on account of a mental disorder, it is crucial that their disposition takes into account their unique circumstances. This section ensures that the accused receives the appropriate treatment while also considering the safety of the public. The section also reflects a modern understanding of mental health. Rather than viewing mental illness as a character flaw or moral failing, it recognizes that mental health is a medical condition that requires care and attention. In conclusion, Section 672.54 of the Criminal Code of Canada is an important provision that balances the rights and needs of the accused with the protection of the public. It recognizes that individuals with mental illness require specialized treatment and care and ensures that their disposition takes into account their unique circumstances.

STRATEGY

One of the primary strategic considerations when dealing with section 672.54 of the Criminal Code of Canada is balancing the need to protect society from dangerous individuals with the need to rehabilitate and reintegrate those who have committed crimes due to mental disorders. This requires a thorough understanding of the individual's mental condition and the risks they may pose to the community. One strategy that could be employed is to closely monitor the individual's progress and behavior while they are in custody. This could involve regularly scheduled evaluations by mental health professionals and the development of a comprehensive treatment plan to address any underlying mental health issues. Another strategy is to ensure that any conditions imposed on the individual's release are realistic and achievable. This may involve working with community-based mental health services and support networks to provide ongoing care and assistance to the individual. A third strategy is to promote public education and awareness about mental health issues and the criminal justice system. This can help reduce stigma and increase understanding of the complexities involved in treating and rehabilitating those with mental illnesses. Ultimately, the goal of section 672.54 is to balance the rights of the accused with the need to protect the public from dangerous individuals. By approaching these cases with a strategic and collaborative approach, it is possible to achieve both of these goals and promote public safety and rehabilitation.