INTRODUCTION AND BRIEF DESCRIPTION
Court cannot make a disposition to treat an accused without the consent of the hospital or person assigned by the court for treatment.
SECTION WORDING
672.62(1) No court shall make a disposition under section 672.58 without the consent of (a) the person in charge of the hospital where the accused is to be treated; or (b) the person to whom responsibility for the treatment of the accused is assigned by the court.
EXPLANATION
Section 672.62(1) of the Canadian Criminal Code outlines the necessary consent requirements before a court can make a decision under section 672.58. This section pertains to the provision of mental health treatment for an individual who has been found not criminally responsible on account of a mental disorder (NCRMD). If a court has determined that an accused individual was not criminally responsible for a crime they committed due to a mental disorder, section 672.58 allows the court to impose an order for psychiatric treatment. This treatment may take place in a hospital or other suitable facility, and can be provided for the benefit of both the individual and the community at large. However, before such a decision can be made, the court must obtain either the consent of the medical professional in charge of the hospital where the accused is to be treated or the person responsible for the individual's treatment as assigned by the court. The purpose of this requirement is to ensure that the individual receives appropriate treatment that is effectively managed and monitored. These consent requirements provide a vital safeguard for the rights and well-being of the accused individual while also ensuring that the appropriate treatment is provided. It ensures that both the medical professionals responsible for treatment and the court overseeing the individual's case are in alignment with respect to the treatment plan that is to be put into action. Overall, this section ensures that the provision of psychiatric treatment in cases of NCRMD is well-regulated, ensuring the best possible outcomes for all involved parties.
COMMENTARY
Section 672.62(1) of the Criminal Code of Canada lays down the requirement for approval from specific parties before making a disposition under Section 672.58. The provision mandates the consent of the person in charge of the hospital where the accused is required to be treated or the person designated by the court assuming responsibility for the treatment of the accused. This section of the Code aims to protect the interests of the accused and ensure that their treatment is carried out in a manner that respects their legal rights. The underlying rationale of this provision is that any disposition made under Section 672.58, which deals with accused individuals who are found to be unfit to stand trial, may have grave implications for the accused's treatment, privacy, and liberty. Therefore, it is imperative that appropriate checks and balances are in place to prevent the accused's constitutional rights from being violated. The first condition mandated by this provision is that the person in charge of the hospital where the accused is being treated must consent to the disposition. This condition is necessary as the treatment of such accused individuals under Section 672.58 may involve intensive intervention, like medication, that could have significant side effects. The treatment process is highly specialized, and the medical team in charge must be confident they can provide the required care before approving the disposition. The second condition regarding the person responsible for the treatment's consent is equally important as it ensures that the accused's treatment is consistent with their legal rights. This second condition is needed when the accused is not being treated in a hospital, but in a different clinical or custodial setting. From a legal perspective, approval from the person in charge of the hospital or the person responsible for the treatment of the accused is not only desirable but also necessary to avoid potential legal dilemmas. The lack of consent from these parties could be considered a breach of fiduciary duty and could potentially lead to civil or criminal liability for those involved. In conclusion, Section 672.62(1) of the Criminal Code of Canada aims to ensure the accused's rights are protected and that their treatment is supported by the necessary medial process oversight. Approval under this section from a hospital and treatment provider is paramount to upholding the integrity and dignity of the legal and medical processes of the Canadian justice system.
STRATEGY
Section 672.62(1) of the Criminal Code of Canada is an important provision that outlines the process by which courts make dispositions for accused individuals who require treatment in a hospital. It requires the consent of the person in charge of the hospital or the person assigned responsibility for the treatment of the accused by the court. In this paper, we will discuss some strategic considerations when dealing with this section of the Criminal Code of Canada and suggest strategies that could be employed. One of the strategic considerations when dealing with this section is preserving the relationship with the hospital. It is essential to maintain a good relationship with the hospital as it plays a critical role in the disposition of the accused. The hospital is responsible for the treatment of the accused, and any friction or disagreements could affect the treatment and ultimately the health of the accused. Therefore, it is important to establish good communication with the hospital staff and keep them informed of the court's decisions and proceedings. Another strategic consideration is timing. The Criminal Code of Canada does not impose a specific timeline for obtaining the consent of the hospital or the person responsible for treatment. However, delays in obtaining consent may result in a delay in the disposition of the accused, which could be detrimental to their health and well-being. Therefore, it is essential to act promptly and obtain consent as soon as possible to avoid any delays in the process. One strategy that could be employed is building relationships with hospital staff and stakeholders. Establishing relationships with hospital staff and stakeholders can increase the chances of obtaining consent quickly. The court and counsel can engage with hospital staff and stakeholders through regular meetings, training sessions, and open communication channels to ensure that they are familiar with the processes and aware of their roles and responsibilities. Another strategy that could be employed is providing regular updates to hospital staff and stakeholders. Regular updates can help to maintain transparency and ensure that everyone is on the same page regarding the disposition of the accused. Updates could include the status of the accused, any changes in their condition, and any relevant court decisions. Finally, it is essential to consider the rights and interests of the accused when dealing with this section of the Criminal Code of Canada. The objective is not only to obtain consent but also to ensure that the accused receives appropriate and timely treatment. Therefore, it is important to involve the accused in the treatment process as much as possible, explain the court's decision to them, and provide them with regular updates on their treatment. In conclusion, section 672.62(1) of the Criminal Code of Canada is an important provision that outlines the process of obtaining consent for the disposition of accused individuals who require hospital treatment. The strategic considerations when dealing with this section include preserving the relationship with the hospital, considering timing, building relationships with hospital staff and stakeholders, providing regular updates, and considering the rights and interests of the accused. Strategies that could be employed to achieve these objectives include building relationships, providing regular updates, involving the accused in the treatment process, and acting promptly to obtain consent. By considering these strategic considerations and utilizing effective strategies, courts and counsel can ensure that the accused receives timely and appropriate treatment while maintaining positive relationships with hospitals and stakeholders.