Criminal Code of Canada - section 672.851(7)

section 672.851(7)

INTRODUCTION AND BRIEF DESCRIPTION

The court may order a stay of proceedings for an accused who is unfit to stand trial and does not pose a significant threat to public safety if it is in the interest of proper administration of justice.

SECTION WORDING

672.851(7) The court may, on completion of an inquiry under this section, order a stay of proceedings if it is satisfied (a) on the basis of clear information, that the accused remains unfit to stand trial and is not likely to ever become fit to stand trial; (b) that the accused does not pose a significant threat to the safety of the public; and (c) that a stay is in the interests of the proper administration of justice.

EXPLANATION

Section 672.851(7) of the Criminal Code of Canada outlines the circumstances in which a court may order a stay of proceedings in relation to an accused who is found to be unfit to stand trial. This is a situation that can arise where the accused person is suffering from a mental illness, intellectual disability, or other condition that prevents them from understanding the nature of the proceedings against them or being able to participate in their own defense. Under this section, a stay of proceedings may be ordered if the court is satisfied that the accused remains unfit to stand trial and is not likely to ever become fit. This determination is made based on clear information, which may include medical or psychiatric evaluations. The court must also be satisfied that the accused does not pose a significant threat to public safety. This means that even if the accused's fitness to stand trial could be restored, the risk of harm to others is not so great as to justify proceeding with the trial. Finally, the court must determine that a stay is in the interests of the proper administration of justice. This may be the case where it is clear that the accused will never be able to participate meaningfully in a trial, or where it would be unjust or unfair to continue with the proceedings. In practical terms, a stay of proceedings effectively ends the case against the accused. However, it is important to note that this does not mean the accused is being acquitted or found guilty. Rather, it simply means that the trial cannot proceed due to the accused's mental or cognitive incapacity and other factors. The decision to order a stay of proceedings is a serious one, and is only made where the court is fully satisfied that it is appropriate in the circumstances.

COMMENTARY

Section 672.851(7) of the Criminal Code of Canada provides for the possibility of a stay of proceedings in cases where an accused individual is deemed unfit to stand trial. The section recognizes that there may be situations where an individual's mental or physical health renders them unable to participate fully in their own defense. In such cases, the court may determine that a stay of proceedings is the appropriate course of action. The provision outlines the specific conditions that must be met for a stay of proceedings to be ordered. First, the court must be satisfied that the accused remains unfit to stand trial and is not likely to ever become fit to stand trial. This requirement recognizes that an individual's physical or mental disability may be permanent and that they may never be able to participate in a trial. Second, the court must determine that the accused does not pose a significant threat to the safety of the public. This condition recognizes that public safety is a paramount concern and that the court must balance the rights of the accused with the safety of others in the community. Third, the court must determine that a stay of proceedings is in the interests of the proper administration of justice. This condition recognizes that the courts have a duty to ensure that justice is served in all cases and that a stay of proceedings may be necessary to achieve this goal. Overall, section 672.851(7) of the Criminal Code of Canada represents an important recognition of the rights and needs of individuals who may be unable to participate in their own defense. The provision ensures that the courts have the flexibility to order a stay of proceedings where appropriate, while also protecting the safety of the public and ensuring the proper administration of justice. By recognizing the importance of mental and physical health in the criminal justice system, this provision helps to ensure that justice is both fair and effective for all Canadians.

STRATEGY

Section 672.851(7) of the Criminal Code of Canada provides an avenue for a stay of proceedings in cases where an accused is found to be unfit to stand trial and is unlikely to ever become fit. The section requires that the court be satisfied with clear information that the accused is unfit, does not pose a significant threat to public safety, and a stay is in the interests of the administration of justice. In this context, there are several strategic considerations that can be employed when dealing with this section of the Criminal Code, as discussed below. The first strategic consideration when dealing with this section of the Criminal Code is to gather clear information about the accused's fitness to stand trial. This includes medical and psychiatric assessments that evaluate the accused's mental state and capacity to understand the charges and participate in the trial process. Such assessments should be comprehensive, objective, and conducted by qualified medical or psychiatric experts. Gathering clear information is crucial to establish the accused's unfitness to stand trial, which is a prerequisite for a stay of proceedings. The second strategic consideration is to assess the risk posed by the accused to public safety. Although clear information on unfitness is necessary, the court must also be satisfied that the accused does not pose a significant threat to the safety of the public. Assessing the risk involves evaluating the accused's past criminal history, current mental state, and any indication of future danger. It is important to consult with a mental health expert to assess the accused's risk accurately. In some cases, the court may consider imposing conditions, such as an involuntary mental health treatment order or community supervision, to ensure the accused does not pose a threat to public safety. The third strategic consideration is to evaluate the interests of the proper administration of justice. A stay of proceedings is only appropriate if it is in the interests of the proper administration of justice. This involves determining whether the public interest is best served by pursuing a traditional trial or whether a stay, with the potential for re-evaluation, is more appropriate. Considering the impact of the stay on the victim(s), the costs of ongoing legal proceedings, and the overall public interest is critical. A successful application for a stay should be presented with well-reasoned arguments and expert testimony to support the court's exercise of discretion. One strategy that could be employed is to engage with the Crown prosecutors to reach an agreement on the stay of proceedings. Given that a stay is in the interests of justice, it is possible that a Crown prosecutor may be willing to agree to a stay instead of pursuing a traditional trial. Such an agreement could lead to expeditious resolution of the case and help to avoid any negative outcomes. Another strategy that could be employed is to hire a criminal defence lawyer to represent the accused. An experienced criminal defence lawyer will understand the complexities of the section 672.851 process, the requirements for a successful application for a stay, and how to compile the necessary supportive materials. In conclusion, section 672.851(7) of the Criminal Code of Canada provides an avenue for a stay of proceedings in cases where the accused is found to be unfit to stand trial and unlikely to ever become fit. Strategic considerations when dealing with this section include gathering clear information about the accused's unfitness, assessing the risk posed by the accused to public safety, and evaluating the interests of the proper administration of justice. The above-discussed strategies can help to ensure successful outcomes for the accused and the justice system.