INTRODUCTION AND BRIEF DESCRIPTION
Review boards can hold hearings to review their dispositions at any time with or without a request from the accused or any other party.
SECTION WORDING
672.82(1) A Review Board may hold a hearing to review any of its dispositions at any time, of its own motion or at the request of the accused or any other party.
EXPLANATION
Section 672.82(1) of the Criminal Code of Canada allows for a Review Board to hold a hearing to review any of its dispositions at any time, either on its own motion or at the request of the accused or any other party. The purpose of this section is to provide a means for the Review Board to review and potentially alter a previous decision made regarding an individual who has been found not criminally responsible on account of a mental disorder. When an individual is found not criminally responsible on account of a mental disorder, they are placed under the jurisdiction of a Review Board, which is responsible for making decisions regarding their care, treatment, and supervision. These decisions can include the imposition of conditions such as mandatory medication, therapy, or restriction of movement. However, the situation of an individual may change after the Review Board has made its decision. For example, new information may come to light that was not known at the time of the initial hearing, or the individual's mental health may have improved or deteriorated since the last decision. In these cases, it may be necessary to revisit the previous decision and make changes to better suit the individual's current situation. Section 672.82(1) allows for this by providing the Review Board with the power to hold a hearing to review any previous dispositions. This hearing can be initiated by the Review Board itself, by the accused, or by any other party involved in the case. The Review Board may then make any necessary adjustments to the previous decision in light of any new information or changes to the individual's mental health status. Overall, Section 672.82(1) is an important provision in the Criminal Code of Canada that ensures that individuals who have been found not criminally responsible on account of a mental disorder receive the care and treatment they need over the long term, even if their situation changes in the future.
COMMENTARY
Section 672.82(1) of the Criminal Code of Canada affords a Review Board the authority to hold a hearing at any time to review any of its dispositions. This means that the Review Board can review previous decisions made about an accused person, whether at the request of the accused or any other party, or at their own discretion. The section is significant as it brings to light the role of the Review Board in overseeing the process carried out after a person has been found not criminally responsible for their actions due to a mental disorder. The Review Board is a crucial component of the criminal justice system in Canada. Its primary responsibility is to determine if, and when, an accused person who has been found not criminally responsible for their actions due to a mental disorder can be released from psychiatric hospital. The Board reviews the person's case periodically and makes decisions based on the individual's current mental health status, risks, and the potential for further offences. The Board's review process is designed to ensure the public's safety while also considering the accused person's rights and well-being. The Review Board's decisions can range from continuing detention in a mental health facility to conditional discharge, which allows the person to live in the community under certain restrictions and supervision. One of the significant aspects of this section is that it allows the Review Board to conduct a hearing at any time. This means that the Board is not limited to carrying out reviews only at prescribed intervals, but it can also do so if something of importance comes to light. This gives the Review Board the flexibility to adapt to changing circumstances that could impact the accused person's mental health and safety. The phrase "of its own motion" included in this section enables the Review Board to initiate a review even when not requested to do so by any party. This provision allows the Board to act independently and take a proactive approach to case management. It implies that the Board is continually monitoring the accused person's progress and adjusting its decisions as needed. Finally, this section gives accused persons and other parties the right to request a review of the Board's decisions. Although the Board's primary aims are to protect public safety and oversee the convicted person's mental health, it recognizes the rights and interests of accused persons and other parties. This section acknowledges the importance of listening to their perspectives, as they are in a position to provide valuable insights into the person's circumstances, rehabilitation, and progress. In conclusion, Section 672.82(1) of the Criminal Code of Canada is a vital provision that empowers the Review Board to conduct reviews of its disposals at any time. This provision reflects the Review Board's commitment to ensuring public safety while also considering the accused person's well-being and rights. It puts into context the gravity of the task that the Review Board faces in overseeing the Canadian criminal justice system. Through this provision, the Review Board can ensure that its decisions are comprehensive, appropriate, and mindful of everyone's best interests.
STRATEGY
Section 672.82(1) of the Criminal Code of Canada is a critical provision that outlines the powers of a Review Board in reviewing dispositions. Whenever a Review Board makes a decision about a mentally ill accused person, the accused, or any other party, has the right to request a review of the disposition. Similarly, the Board may also do so on its initiative. As a result, there are several strategic considerations that need to be borne in mind when dealing with this section of the Criminal Code of Canada. The first strategic consideration is the timing of the review. Since the Review Board can review its dispositions at any time, an accused person or his/her counsel needs to determine the most appropriate time to request a review. This should be the time when the circumstances have materially changed, or new evidence has emerged. For instance, if the accused person has undergone a change in their mental state or if new information about their condition has come to light, then it may be appropriate to request a review. The second strategic consideration is the grounds for the review. The Criminal Code of Canada explicitly states that a review can be conducted on any of the Board's dispositions. As a result, counsel for the accused should identify the specific grounds for the review, based on the Board's decision and the evidence presented. The grounds could include errors of law, new evidence, significant changes in the accused's mental health state or non-compliance by the accused or others. The third strategic consideration is the preparation of written submissions. To ensure that the Review Board considers the specific grounds presented by the accused or their counsel, it is essential to prepare well-reasoned, well-argued, and well-supported written submissions. These submissions should outline the legal and factual grounds for the review and emphasize the new evidence or changed circumstances that warrant review. The fourth strategic consideration is the role of Board Members. As a review Board is an independent body comprising members with legal, psychiatric, and other professional backgrounds, their role is vital in reviewing the disposition. Counsel for the accused should be aware of each Board member's expertise and use this knowledge to prepare and present arguments that appeal to different members. In conclusion, section 672.82(1) of the Criminal Code of Canada provides an essential mechanism for an accused person or their counsel to seek a review of a Review Board's decision in cases involving mentally ill clients. By taking into account the specific grounds and the expertise of different Board members, counsel can effectively use this provision and develop strategies that best serve their client's interests.