Criminal Code of Canada - section 672.21(1) - Definition of protected statement

section 672.21(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines a protected statement as a statement made by the accused during an assessment or treatment directed by a disposition to a specified person or anyone acting under their direction.

SECTION WORDING

672.21(1) In this section, "protected statement" means a statement made by the accused during the course and for the purposes of an assessment or treatment directed by a disposition, to the person specified in the assessment order or the disposition, or to anyone acting under that person’s direction.

EXPLANATION

Section 672.21(1) of the Criminal Code of Canada outlines the definition of a protected statement." This refers to a statement made by the accused during the course and for the purpose of an assessment or treatment directed by a disposition. This could be to the person specified in the assessment order or disposition, or to anyone acting under that person's direction. Essentially, the purpose of this section is to protect any statements made by an accused individual during the assessment or treatment process, which could potentially be used against them in court. The rationale behind this protection is to facilitate an open and honest assessment and treatment process, which would not be possible if individuals were worried about the potential consequences of their statements. This section is particularly relevant in cases where the accused is being assessed for mental health issues or addiction. In these cases, it is essential that individuals feel comfortable sharing their experiences, thoughts, and feelings with their assessors or treatment providers. This helps to ensure a more accurate diagnosis and appropriate treatment. Overall, Section 672.21(1) of the Criminal Code of Canada plays an essential role in protecting the rights of accused individuals during the assessment and treatment process. By offering protection for their statements, this provision helps facilitate an open and honest dialogue between the accused and their assessors or treatment providers, ultimately leading to more effective assistance and rehabilitation.

COMMENTARY

Section 672.21(1) of the Criminal Code of Canada plays a crucial role in protecting the rights of individuals who have undergone assessment or treatment directed by a disposition. A protected statement is defined as a statement made by the accused during the course and for the purposes of an assessment or treatment directed by a disposition, to the person specified in the assessment order or the disposition, or to anyone acting under that person's direction. This provision of the Criminal Code is intended to protect individuals from having these protected statements used against them in subsequent criminal proceedings. Assessment and treatment directed by a disposition are the legal steps that a Canadian court takes when a person is found guilty of a criminal offense but is not held criminally responsible due to a mental disorder. The purpose of these assessments and treatments is to evaluate the individual's mental state and determine the best possible course of action to be taken to ensure public safety. This is an important legal process from a humanitarian point of view, as it considers the individual's mental health while also ensuring public safety. It is essential to note that Section 672.21(1) exists to protect potentially vulnerable defendants who have undergone psychiatric evaluation or other types of mental health assessments. By protecting the statements made during this period, the Code ensures that individuals are not unduly punished because of statements they made while expressing themselves in the context of their treatment. At the same time, witnesses and mental health professionals in attendance at the session are offered some protection and are free to offer an honest appraisal of the person undergoing psychiatric assessment without fear of being reprimanded. The purpose of Section 672.21(1) is to protect the confidential communications between the person undergoing psychiatric evaluation and the healthcare professional tasked with that assessment. The statement is not just for the purposes of the healthcare professional and the defendant. Instead, it is meant to remain private to ensure that society can get the best possible legal system without endangering vulnerable people who may be in need of legal help. In the end, the confidentiality of these communications has a greater public benefit of ensuring that those who are most in need of assistance are not being re-victimized by an unjust legal system that places legal gain ahead of people's health and dignity. In conclusion, Section 672.21(1) of the Criminal Code of Canada is an important legal provision aimed at protecting the rights and dignity of individuals who have undergone assessment or treatment directed by a disposition. The provision ensures that these individuals are not subjected to double jeopardy and are not unfairly punished for statements made during the course of their assessment or treatment. More importantly, it ensures that the legal system remains empathetic to citizens at their most vulnerable, without putting the wider society at risk.

STRATEGY

Section 672.21(1) of the Criminal Code of Canada is a crucial provision that protects an accused's confidentiality during an assessment or treatment. It allows an accused to speak honestly and openly about their condition, knowing that the information is confidential and cannot be used against them in court. However, it also presents some strategic considerations and challenges when dealing with such cases. One of the primary strategic considerations when dealing with this section is to ensure that the protected statement is properly recorded. Since these statements are highly sensitive and confidential, it is vital to ensure that an accurate record is made of the statement to avoid any misunderstanding or misinterpretation of the accused's words. The statement must be recorded in a manner that reflects the accused's precise words, and the recording should be done in a secure and reliable manner. Another strategic consideration is the scope of the assessment or treatment. To benefit from the protection provided by this section, the accused must be in the course and for the purposes of an assessment or treatment directed by a disposition. However, it is essential to ensure that any additional information provided by the accused does not exceed the scope of the assessment or treatment. Any additional information disclosed outside the scope might not be protected and could be used against the accused in court. Defence counsel also needs to be vigilant in ensuring that any disclosure of the protected statement is entirely voluntary and not coerced. In some cases, an accused may be pressured or coerced into making a statement, which could invalidate the protection provided by this section. Therefore, defence counsel must ensure that the accused makes the statement voluntarily, without any duress, and with complete knowledge of the consequences. Another strategic consideration is the use of experts in interpreting and analyzing protected statements. Since assessments and treatments are often specialized areas, it may be necessary to use experts to properly interpret and analyze the protected statement. These experts can help ensure that the protected statement is accurately recorded, and they can provide insight into the accused's condition and any nuances in their statement that may be relevant to the case. Finally, it is vital to be aware of the potential limitations of this section. While the protection it offers is extensive, it is not absolute. For example, law enforcement officials can obtain access to protected statements in certain circumstances, such as when there is a credible risk of harm to someone or a risk to public safety. Because of these limitations, it is crucial for defence counsel to be mindful of potential exceptions to the protection provided by this section. In conclusion, Section 672.21(1) of the Criminal Code of Canada is a significant provision that protects an accused's confidentiality during assessments and treatments. However, it presents strategic considerations when dealing with those cases, including recording, scope, coercion, experts, and limitations. By carefully considering these issues, defence counsel can ensure that their clients' rights are protected, and they receive a fair and just outcome in court.