Criminal Code of Canada - section 672.81(1.1)

section 672.81(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

The Review Board can extend a hearing for up to 24 months with consent from the accused and Attorney General, and if the accused has legal representation.

SECTION WORDING

672.81(1.1) Despite subsection (1), the Review Board may extend the time for holding a hearing to a maximum of twenty-four months after the making or reviewing of a disposition if the accused is represented by counsel and the accused and the Attorney General consent to the extension.

EXPLANATION

Section 672.81(1.1) of the Criminal Code of Canada provides for the extension of the time for holding a hearing by the Review Board in cases where the accused is represented by counsel and both the accused and the Attorney General consent to the extension. This section applies when a person has been found not criminally responsible on account of mental disorder or unfit to stand trial and a disposition has been made regarding their detention or release. Subsection (1) of this section sets out the general rule that a hearing must be held within twelve months of the making or reviewing of a disposition. However, subsection (1.1) creates an exception to this rule, which allows the Review Board to extend the time for holding a hearing by up to twenty-four months if certain conditions are met. The purpose of this provision is to allow for flexibility in cases where the parties involved agree that more time is needed to prepare for the hearing or to address any concerns that may arise. This may be particularly important in cases involving complex mental health issues. It is important to note that the extension of time is not automatic and requires the consent of both the accused and the Attorney General. The accused must also be represented by counsel, ensuring that they receive proper legal representation throughout the process. Overall, Section 672.81(1.1) aims to balance the need for timely reviews of dispositions with the need for flexibility and fairness in cases involving mental health issues. By allowing for extensions of time in certain circumstances, this provision ensures that the rights of all parties are protected and that the review process is as effective as possible.

COMMENTARY

Section 672.81(1.1) of the Criminal Code of Canada provides the Review Board with the ability to extend the time for holding a hearing for up to twenty-four months after the making or reviewing of a disposition, if the accused is represented by counsel and both the accused and the Attorney General consent to the extension. This provision is significant because it shows that the Canadian criminal justice system recognizes that sometimes there may be extenuating circumstances that may cause a delay in holding a hearing. Delays in holding a hearing can be problematic as they can cause undue stress and anxiety for both the accused and the victims. However, there are situations where it may be necessary to extend the time for holding a hearing. For example, there could be a situation where the accused requires additional time for medical treatment or a mental health evaluation, or there may be a situation where the accused's legal team needs additional time to prepare their case. It is important to note that this provision only applies if the accused is represented by counsel and both the accused and the Attorney General consent to the extension. This ensures that the decision to extend the time for holding a hearing is made with the full knowledge and consent of the parties involved. Overall, this provision demonstrates that the Canadian criminal justice system is flexible and capable of adapting to the needs of individual cases. It recognizes that not all cases can be resolved within a specific timeframe, and allows for the necessary time to be taken to ensure that justice is served. However, it is important to ensure that extensions are not used unnecessarily and that the rights of all parties involved are respected.

STRATEGY

Section 672.81(1.1) of the Criminal Code of Canada allows the Review Board to extend the time for holding a hearing to a maximum of twenty-four months if the accused is represented by counsel and the accused and the Attorney General consent to the extension. This section provides some strategic considerations for persons dealing with criminal proceedings. One strategic consideration is to ensure that the accused has legal representation. As per the provision, the accused must have legal representation for the Review Board to extend the time for holding a hearing. An accused who lacks legal representation is unlikely to benefit from this provision. Therefore, obtaining legal representation is crucial for an accused person, especially if they want to take advantage of this provision. Another strategic consideration is consent. For the Review Board to extend the time for holding a hearing, the accused and the Attorney General must consent to the extension. Therefore, it is essential to persuade the Attorney General to consent to the extension. The Attorney General may not consent if they believe that the extension will prejudice the case or if they have concerns about delays in the trial process. Therefore, it is essential to provide cogent reasons why the extension is necessary and the time-frame required. A strategic approach may involve engaging the Attorney General in dialogue and ensuring they understand the reasons for the request for the extension. Further, the reason for the request for the extension matters. If the Review Board believes that the extension is necessary, they are more likely to grant it. Therefore, it is essential to provide convincing reasons for the extension. For example, if the accused is undergoing medical treatment, the Review Board may be more likely to grant the extension. On the other hand, if the reason for the extension is that the accused's counsel is not prepared, the Review Board may reject the request. Additionally, it is essential to consider the impact of the extension on the accused. If the accused is in custody, an extension of the hearing may mean an extended period of incarceration. If the extension request is denied, the accused may have to go through the process again, which could be challenging. Therefore, the impact of a delay should be taken into account before making the request. One strategy for promoting success when dealing with the section 672.81(1.1) provision could be working collaboratively with counsel. Counsel can provide insight into the legal procedures and how to navigate the system. Counsel can also help make the case for the extension by providing supporting information and evidence and engaging in prompt communication with the Attorney General. In conclusion, when dealing with Section 672.81(1.1) of the Criminal Code of Canada, it is essential to have legal representation and ensure that both the accused and the Attorney General consent to the extension. The reason for the extension, the impact of delays on the accused, and collaboration with counsel are among the strategic considerations. The strategies presented above can assist in executing a successful application of this provision.