section 710(2)

INTRODUCTION AND BRIEF DESCRIPTION

A registered medical practitioner can provide evidence for an application under subparagraph 709(1)(a)(i).

SECTION WORDING

710(2) An application under subparagraph 709(1)(a)(i) may be granted on the evidence of a registered medical practitioner.

EXPLANATION

Section 710(2) of the Criminal Code of Canada outlines the process by which an individual who has been found unfit to stand trial may make an application to be reassessed for fitness. Specifically, this subsection explains that the application must be supported by evidence provided by a registered medical practitioner. When an individual is brought before the court and charged with a criminal offence, they must be deemed fit to stand trial in order for the proceedings to move forward. Fit to stand trial means that the accused individual is capable of understanding the nature and consequences of the charges against them and is able to participate in their own defence. However, some individuals may not meet this standard due to mental illness or disability, and may be deemed unfit to stand trial. If an accused individual is deemed unfit to stand trial, they may be sent for treatment in order to restore their fitness. Once treatment has been completed, they may make an application to be reassessed for fitness. Section 709(1)(a)(i) of the Criminal Code outlines the grounds for such an application. If the court deems the application appropriate, Section 710(2) explains that the medical evidence supporting the application must come from a registered medical practitioner. Overall, Section 710(2) serves an important role in the Criminal Code of Canada by ensuring that medical evidence provided in support of an application for reassessment is provided by a qualified professional. This helps to safeguard the integrity of the legal process and ensure fair treatment for all accused individuals.

COMMENTARY

Section 710(2) of the Criminal Code of Canada discusses the requirements for an application to be granted under subparagraph 709(1)(a)(i). This particular section pertains to a person who has been found guilty of an offense and has been sentenced to imprisonment, but has requested that they be temporarily released from custody on medical grounds. Such applications can only be granted on the evidence of a registered medical practitioner. The onus of proof for a medical release application rests on the individual seeking release, and it is incumbent upon them to prove that their medical condition is of such severity that they cannot be adequately treated while in custody. It is important to note that a registered medical practitioner's evidence concerning the severity and specific nature of the medical condition should be clear and unequivocal. A court will assess the credibility of the evidence presented, but it is largely up to the medical practitioner to make a convincing case for medical release. There are several reasons why medical release applications may be necessary. When an individual is incarcerated, they are prone to a variety of physical and mental health concerns, from substance abuse issues and infectious diseases to mental health challenges such as PTSD. These conditions can make incarceration extremely difficult and can have a profound impact on an individual's ability to complete a sentence. In some cases, medically necessary treatments may not be available or accessible within the prison system, making outside treatment necessary. This section of the Criminal Code of Canada ensures that people who require medical care can access it, regardless of their legal status. The medical profession has a vital role to play in ensuring that this section is applied correctly. It is crucial that medical practitioners assess each medical release case individually, taking into consideration all relevant medical factors to form a firm conclusion. This includes considering the presence and severity of the medical condition, the specialized treatment required, and the patient's current living conditions. In conclusion, Section 710(2) of the Criminal Code of Canada, which allows applications for medical release to be granted on the evidence of a registered medical practitioner, is an essential safeguard to ensconce the rights of incarcerated individuals whose medical needs can't be met by the prison system. Under prevailing case law in Canada, it has been made clear that medical practitioners must provide clear and unequivocal evidence when testifying in support of medical release applications. This ensures that the medical release process is transparent and fair, creating trust in the justice system and ensuring that any applicable human rights concerns are wholly considered and dealt with.

STRATEGY

Section 710(2) of the Criminal Code of Canada provides for the possibility of an individual who has been found not criminally responsible on account of mental disorder (NCRMD) to be conditionally discharged into the community. This section allows the court to grant a discharge on the evidence of a registered medical practitioner. However, there are several strategic considerations that should be taken into account when dealing with this section of the Criminal Code. One of the primary considerations is the credibility of the medical practitioner. The medical practitioner's evidence should be based on a thorough assessment of the individual's mental and physical health, as well as their risk to public safety. The medical practitioner should have experience and expertise in assessing NCRMD individuals and be able to provide objective and unbiased evidence to the court. The medical practitioner's evidence should be carefully scrutinized to ensure that it is both reliable and relevant to the specific case. Another important consideration is the potential risks to public safety. The court must balance the individual's rights and welfare against the safety and protection of the public. The medical practitioner's evidence must address the individual's risk to public safety and any potential risk factors that may increase the risk of re-offending. The court may take into account various factors such as the seriousness of the offence, the individual's criminal history, their compliance with medical treatment, and any social or environmental factors that may contribute to their mental disorder. In addition, effective communication between the medical practitioner, the individual, and the court is crucial. The court should be provided with clear and concise information regarding the individual's mental health status, treatment plan, and progress. The individual should be fully informed about the discharge process and their responsibilities, including compliance with medical treatment and conditions of release. Strategy-wise, the defence team should carefully assess the strengths and weaknesses of their case and seek the advice of experienced medical experts in NCRMD cases. They should identify any potential areas of concern and address them proactively. The defence team should maintain open communication with the medical practitioner and ensure that the court is provided with accurate and reliable medical evidence. Overall, effective management of section 710(2) of the Criminal Code of Canada requires a careful balance between protecting public safety and promoting the well-being and rights of NCRMD individuals. The use of experienced medical experts, effective communication, and strategic planning can help ensure successful outcomes.