Criminal Code of Canada - section 672.85 - Bringing accused before Review Board

section 672.85

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the methods for bringing an accused person to a hearing before the Review Board.

SECTION WORDING

672.85 For the purpose of bringing the accused in respect of whom a hearing is to be held before the Review Board, including in circumstances in which the accused did not attend a previous hearing in contravention of a summons or warrant, the chairperson (a) shall order the person having custody of the accused to bring the accused to the hearing at the time and place fixed for it; or (b) may, if the accused is not in custody, issue a summons or warrant to compel the accused to appear at the hearing at the time and place fixed for it.

EXPLANATION

Section 672.85 of the Criminal Code of Canada pertains to the procedures that must be followed when an accused individual is to appear before the Review Board, an administrative body dedicated to reviewing the mental health status of persons found Not Criminally Responsible on account of mental disorder (NCRMD). Specifically, this section empowers the chairperson of the Review Board to order that the individual in custody be brought before the Board for the hearing, or if the accused is not in custody, to issue a summons or warrant compelling them to appear. The purpose of this section is to ensure that accused persons who are subject to a review of their mental health status pursuant to a finding of NCRMD are brought before the Review Board in order to enable the Board to make its determination as to the proper course of action concerning the individual's care and treatment. This is an important safeguard to protect the public and to ensure that individuals with mental disorders are receiving appropriate treatment. Essentially, section 672.85 is a legal mechanism that ensures that individuals are held accountable for their actions, even if they have been found Not Criminally Responsible on account of mental disorder. It is also a way to ensure that justice is being served, as it allows the Review Board to make informed decisions about the appropriate disposition of these individuals, based on their current mental health status. This section helps to ensure that the system for dealing with individuals with mental disorders who commit crimes is fair and just, both for the accused and for society at large.

COMMENTARY

The Criminal Code of Canada governs criminal law in Canada and provides the legal framework for various stages of criminal proceedings, including hearings before the Review Board. Section 672.85 of the Criminal Code of Canada deals with the power of the Chairperson of the Review Board to order the accused to be brought before the Board, either by the person having custody of the accused or by issuing a summons or warrant if the accused is not in custody. The Review Board is a quasi-judicial body responsible for overseeing the detention and release of individuals who have been found not criminally responsible (NCR) or unfit to stand trial due to a mental disorder. The Board conducts periodic reviews of the status of these individuals, including their continued detention or release into the community subject to conditions. The power of the Chairperson under section 672.85 is an important tool to ensure that the accused appears before the Board for the purpose of the review hearing. The Chairperson may order the person having custody of the accused, such as a prison or hospital, to bring the accused to the hearing at the time and place fixed for it. This is necessary because the accused may be in custody at the time of the hearing due to their NCR or unfit status and may not have a choice in attending the hearing. Furthermore, under certain circumstances, the accused may have failed to attend a previous hearing in contravention of a summons or warrant. In such cases, the Chairperson can still order that the accused be brought before the Board for the current hearing to ensure that their status and treatment can be properly reviewed. Alternatively, if the accused is not in custody, the Chairperson may issue a summons or warrant to compel the accused to appear at the hearing. This power is crucial to ensure that the Board can properly review the accused's status and treatment, regardless of whether they are currently in custody or not. It is important to note, however, that the Chairperson's power to compel the accused to appear before the Board must be exercised in a manner consistent with the accused's rights under the Canadian Charter of Rights and Freedoms. The accused has the right to a fair hearing and to be informed of the nature and cause of the accusations against them. Any summons or warrant must be properly executed and the accused must be given adequate notice of the hearing. In conclusion, section 672.85 of the Criminal Code of Canada provides an important tool for the Chairperson of the Review Board to ensure that the accused appears before the Board for the purpose of the review hearing. The power to order the person having custody of the accused to bring them to the hearing or to issue a summons or warrant is necessary to ensure that the Board can properly review the accused's status and treatment. However, this power must be exercised in a manner consistent with the accused's rights under the Charter.

STRATEGY

Section 672.85 of the Criminal Code of Canada provides the guidelines for the Review Board hearing process. The Review Board is responsible for conducting hearings and making decisions on whether an accused person who has been found not criminally responsible or unfit to stand trial should be detained in a psychiatric facility or released back into the community. This section gives clear direction on how to compel the attendance of accused persons at the hearing. When dealing with this section of the code, there are strategic considerations that must be taken into account. One of the primary strategic considerations is how the accused will be brought before the Review Board. The two options available are to order the person having custody of the accused to bring them to the hearing or issue a summons or warrant to compel the accused to appear. The decision on which option to employ may depend on various factors. If the accused is already in custody, then it may be more efficient to order the person having custody to bring them to the hearing. This will save time and resources that would have been spent on serving a summons or warrant. However, if the accused is not in custody, then a summons or warrant may be the best option. Another strategic consideration is the timing of the hearing. If the accused is in custody, it may be easier to schedule the hearing at a time when they are already going to be transported to or from court. This will reduce the amount of time and resources needed to transport them to the Review Board hearing. Furthermore, if the accused is not in custody, it may be beneficial to schedule the hearing at a time that is convenient for them. This will reduce the likelihood of them missing the hearing and having to issue another summons or warrant. In terms of issuing a summons or warrant, there are strategies that can be employed to ensure that the accused attends the hearing. For instance, the time and place of the hearing may be communicated to the accused in advance to give them ample time to prepare. This may make them more likely to attend voluntarily. Additionally, the summons or warrant may be served by a police officer to ensure that the accused is aware of the importance of attending the hearing. On the other hand, issuing a warrant may be seen as a last resort strategy. The use of a warrant to compel an accused person to attend a hearing may be viewed as adversarial and punitive which could lead to resistance from the accused person. It is important, therefore, to exhaust all other options before resorting to a warrant or summons. In conclusion, effective management of section 672.85 of the Criminal Code of Canada requires careful consideration of the circumstances surrounding the accused person. The objective is to ensure that every accused person attends their hearing before the Review Board. Different strategies may be needed depending on the specific situation. However, the most important strategic consideration is to ensure that the accused person is given every opportunity to attend the hearing voluntarily.