section 672.67(2)

INTRODUCTION AND BRIEF DESCRIPTION

A custodial sentence for a dual status offender takes precedence over any prior sentence of imprisonment pending a placement decision by the Review Board.

SECTION WORDING

672.67(2) Where a court imposes a custodial disposition on an accused who is, or thereby becomes, a dual status offender, the disposition takes precedence over any prior sentence of imprisonment pending any placement decision by the Review Board.

EXPLANATION

Section 672.67(2) of the Criminal Code of Canada sets out a principle of priority when it comes to the sentencing of dual status offenders. Dual status offenders are individuals who have been found guilty of committing an offence while already serving a sentence of imprisonment. In such cases, courts may impose a custodial disposition, which is an order for the offender to be detained in a correctional facility. The purpose of this section is to ensure that the custodial disposition takes precedence over any prior sentence of imprisonment that the offender may have been serving. This means that the offender will not be able to serve both sentences concurrently. Instead, the custodial disposition will take priority and the offender will have to serve that sentence before they can serve any other sentence. The reason for this priority is to ensure that the offender is appropriately monitored and supervised while they are in custody. The Review Board, which is responsible for making decisions about the release of offenders serving custodial dispositions, needs to be able to make those decisions based on a comprehensive understanding of the offender's behaviour and risk of reoffending. This is difficult to do when an offender is also serving another sentence of imprisonment. In summary, Section 672.67(2) is a provision of the Criminal Code of Canada that establishes a principle of priority for the sentencing of dual status offenders. It ensures that custodial dispositions take precedence over any prior sentence of imprisonment, in order to facilitate effective supervision and monitoring of offenders while they are in custody.

COMMENTARY

Section 672.67(2) of the Criminal Code of Canada outlines the treatment of dual status offenders who are sentenced to a custodial disposition. A dual status offender is a person who is both a criminal offender and a youth in need of protection, meaning they are subject to both the criminal justice system and the child welfare system. This section of the Criminal Code indicates that if a dual status offender receives a custodial disposition, such as a sentence of imprisonment, it takes precedence over any prior sentence of imprisonment pending any placement decision by the Review Board. The purpose of this section is to ensure that the custodial disposition imposed on the dual status offender is not delayed or obstructed by any prior sentence of imprisonment. The Review Board is responsible for making placement decisions for youth who are wards of the court, including those who are dual status offenders. The Review Board considers a range of factors when making placement decisions, such as the offender's age, mental health, and risk of reoffending. By ensuring that the custodial disposition takes precedence over any prior sentence of imprisonment, this section ensures that the dual status offender is not subject to additional delays in placement decisions. This section also recognizes the need to address the specific needs of dual status offenders. Dual status offenders are often considered some of the most vulnerable members of society and require specialized support and services. By recognizing the unique needs of dual status offenders, this section reinforces the importance of considering their specific circumstances when making placement decisions. Additionally, this section highlights the importance of offender rehabilitation and reintegration into society. Rather than simply punishing offenders, the criminal justice system should also aim to rehabilitate and reintegrate offenders back into society. This is especially important for dual status offenders, who require even more support and resources than other offenders. By ensuring that the custodial disposition takes precedence over any prior sentence of imprisonment, this section ensures that dual status offenders receive the necessary support and resources to successfully reintegrate into society. In conclusion, Section 672.67(2) of the Criminal Code of Canada plays an important role in addressing the unique needs of dual status offenders. By ensuring that the custodial disposition takes precedence over any prior sentence of imprisonment, this section ensures that dual status offenders receive the necessary support and resources to successfully reintegrate into society. This section highlights the importance of offender rehabilitation and reintegration into society, and underscores the need to address the specific needs of vulnerable offenders.

STRATEGY

Section 672.67(2) of the Criminal Code of Canada pertains to the situation where a court imposes a custodial disposition on an accused and the accused becomes a dual status offender. A dual status offender is an individual who is both a criminal offender and a person with a mental illness. In this situation, the custodial disposition takes precedence over any prior sentence of imprisonment until the Review Board makes a placement decision. Strategic considerations when dealing with this section of the Criminal Code of Canada are primarily focused on ensuring a fair treatment of the accused and advocating for their best interests. Strategies that could be employed include: 1. Ensuring a fair assessment: Before the court imposes a custodial disposition on an accused, it's important to ensure they receive a fair assessment of their mental health condition. This is crucial because the outcome of the assessment will significantly impact the type and duration of the custodial disposition imposed. 2. Building a strong legal defense: A strong legal defense can help reduce the severity of the custodial disposition imposed on the accused. It can also highlight the importance of considering their mental health status in determining the appropriate punishment. 3. Advocating for the accused's best interests: Advocating for the accused's best interests means ensuring they receive the appropriate treatment and support within the correctional system. This involves working closely with mental health professionals to ensure the accused receives the necessary treatment, medication, and therapy to manage their mental health condition and reduce the risk of reoffending. 4. Identifying potential placement options: Before the Review Board makes a placement decision, it's important to identify potential placement options that are appropriate for the accused's mental health status. This may include secure facilities, community-based programs, or other specialized facilities that can provide the necessary treatment and support. 5. Developing a rehabilitation plan: Developing a rehabilitation plan is essential for helping the accused successfully reintegrate into society. This involves working with mental health professionals and other stakeholders to identify the necessary resources and support the accused needs to manage their mental health condition and reduce the risk of reoffending. In conclusion, section 672.67(2) of the Criminal Code of Canada requires careful consideration and strategic planning when dealing with dual status offenders. By ensuring a fair assessment, building a strong legal defense, advocating for the accused's best interests, identifying potential placement options, and developing a rehabilitation plan, stakeholders can help ensure that dual status offenders receive the necessary treatment and support to effectively manage their mental health condition and successfully reintegrate into society.