INTRODUCTION AND BRIEF DESCRIPTION
This section defines a quorum for Review Boards that were established before this section came into force.
SECTION WORDING
672.41(2) Where the chairperson of a Review Board that was established before the coming into force of this section is not a judge or other person referred to in subsection 672.4(1), the quorum of the Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and a member who is a person referred to in that subsection or a member of the bar of the province.
EXPLANATION
Section 672.41(2) of the Criminal Code of Canada outlines the quorum requirements for Review Boards that were established before the provision came into force. Review Boards are set up to oversee the detention and release of individuals found not criminally responsible on account of mental disorder (NCRMD) or unfit to stand trial. Before the introduction of this section, Review Boards were typically composed of three members, with a judge or other legal professional as the chairperson, and two other members, one of whom was a psychiatrist. However, in some cases, the chairperson may not have been a judge or legal professional, and this section clarifies the quorum requirements in such cases. Under this section, the quorum of the Review Board is constituted by three members: the chairperson who may not be a judge or legal professional, a member who is entitled to practise psychiatry in the province, and a member who is either a judge, legal professional, or permitted to practise law in the province. This ensures that all necessary expertise is present on the Review Board to make informed decisions about the treatment and release of individuals with mental health disorders who have come into contact with the law. By specifying the makeup of the quorum, this section ensures that Review Boards operate effectively and with the necessary expertise to make informed decisions in accordance with the law. This is crucial to protect the rights of individuals with mental health issues who are caught up in the criminal justice system and to ensure they receive the appropriate care and treatment.
COMMENTARY
Section 672.41(2) of the Criminal Code of Canada deals with the constitution of the quorum of the Review Board. The Review Board is a critically significant body in the Canadian justice system, responsible for making decisions regarding the release of individuals who are found not criminally responsible or unfit to stand trial due to mental illness. The section outlines that where the chairperson of a Review Board established before the coming into force of this section is not a judge or other person referred to in subsection 672.4(1), the quorum of the Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practice psychiatry, and a member who is a person referred to in that subsection or a member of the bar of the province. This section is a crucial inclusion in the Criminal Code of Canada because it defines the composition of the Review Board quorum. As the quorum sets the required minimum attendance for a Board meeting and ensures that decisions are made with the requisite level of expertise, it is critical that the right people are present. The inclusion of a member who is entitled under the laws of a province to practice psychiatry ensures that the Board has access to specialist expertise in the field of mental health. This is particularly important given the Review Board's responsibility concerning individuals with mental health conditions, as they are the best people to provide a medical perspective. The need for a mental health expert on the Board also helps to ensure that any decision made with respect to individuals believed to be suffering from mental illnesses is made with the appropriate level of professional input. Similarly, the inclusion of a member who is a person referred to in subsection 672.4(1) or a member of the bar of the province ensures that the Board is represented by an expert in Canadian law. This is required to ensure that any decision with respect to the release of individuals is made in accordance with Canadian law. Having a legal expert as part of the quorum is essential to ensure that decisions made by the Review Board are in compliance with Canadian legal standards. It is essential to note that these additions have only been made to those Review Boards that were established before the coming into force of this section. This means that, moving forward, all newly established Review Boards will be mandated to conform to this new composition. This is an essential update to maintain a high level of professional representation and expertise in the Review Boards. In conclusion, section 672.41(2) of the Criminal Code of Canada establishes the quorum of the Review Board, ensuring that proper representation and expertise are present to make decisions regarding the release of individuals with mental illnesses. The inclusion of a mental health expert and a legal expert as part of the quorum is critical to ensuring appropriate representation for all parties involved. By mandating this composition for newly established Boards, the Canadian justice system is taking the necessary steps to ensure that mental illness is appropriately and fairly treated within the legal system.
STRATEGY
Section 672.41(2) of the Criminal Code of Canada outlines the quorum requirements for Review Boards that were established prior to the enactment of this section. The section requires the chairperson, a member who is a licensed psychiatrist, and a member who is either a judge, legal professional or a person referred to in subsection 672.4(1) to constitute a quorum for the Review Board. This provision is important for organizations that deal with mental health issues, such as hospitals, prisons, and community mental health centers, as it affects their review processes. One of the strategic considerations when dealing with this section is compliance. Organizations must ensure that their Review Boards meet the quorum requirements established in 672.41(2) of the Criminal Code of Canada. Failing to meet this requirement may result in a challenge of the Review Board's decision or a reversal of the decision by a higher court. Another strategic consideration is the selection of Review Board members. Organizations must carefully consider the qualifications and experience of potential members to ensure they meet the necessary requirements. For example, when selecting the psychiatrist member, the organization must ensure that they hold a valid license to practice psychiatry in the province. Additionally, when selecting the legal professional member, the organization must ensure that the member is qualified to practice law in the province. Strategies that could be employed when dealing with section 672.41(2) include developing a clear process for selecting Review Board members, ensuring that all members meet the necessary qualifications and experience requirements, and ensuring that the Review Board operates in compliance with the provisions of the Criminal Code of Canada. Another strategy may be to provide ongoing training and development for Review Board members to ensure that they remain up-to-date with changes to legislation, regulations, and best practices. For example, training may be provided to ensure that Review Board members are aware of their roles and responsibilities, the principles of natural justice, and the importance of maintaining impartiality and objectivity in their decision-making. In conclusion, complying with section 672.41(2) of the Criminal Code of Canada is critical for organizations that deal with mental health issues. Organizations must carefully consider the qualifications and experience of Review Board members and ensure that they operate in compliance with the provisions of the Criminal Code of Canada. Strategies such as developing clear processes for selecting members, providing ongoing training and development, and ensuring compliance can help organizations address the strategic considerations of dealing with this section of the Criminal Code of Canada.