INTRODUCTION AND BRIEF DESCRIPTION

This section requires Review Board rules to be published in the Canada Gazette and apply to all proceedings within its jurisdiction.

SECTION WORDING

672.44(2) The rules made by a Review Board under subsection (1) apply to any proceeding within its jurisdiction, and shall be published in the Canada Gazette.

EXPLANATION

Section 672.44(2) is a provision under the Criminal Code of Canada that clarifies the application of the rules established by a Review Board. The Review Board is responsible for overseeing the detention and supervision of individuals found to be not criminally responsible on account of mental disorder or unfit to stand trial. These individuals are subject to strict rules and conditions to ensure public safety and their own well-being. Subsection (1) of Section 672.44 empowers the Review Board to create rules to govern all proceedings within its jurisdiction. The purpose of these rules is to establish a consistent and fair process for the review of individuals' status and to ensure that their rights are protected. These rules may cover a range of issues, including the frequency and format of hearings, the role of expert witnesses, and the processes for obtaining and reviewing medical reports. The key point of Section 672.44(2) is to emphasize that the rules established by the Review Board are binding and applicable to all proceedings under its jurisdiction. This includes any hearing or review related to the detention or release of individuals found not criminally responsible or unfit to stand trial. In addition, these rules must be published in the Canada Gazette, which is the official federal government publication. This ensures that the rules are widely accessible and transparent to the public, legal professionals, and other stakeholders. Overall, Section 672.44(2) reinforces the importance of consistent and transparent rules in the management of individuals with mental disorders who are involved in the criminal justice system. It seeks to ensure that the process for their detention and release is fair, comprehensive, and consistent, and that the Review Board is accountable for its decision-making.

COMMENTARY

Section 672.44(2) of the Criminal Code of Canada establishes an important requirement for the application of rules by Review Boards in proceedings that fall under their jurisdiction. This provision mandates that any rules made by a Review Board under subsection (1) must be published in the Canada Gazette and be made applicable to all proceedings within its jurisdiction. The requirement for publication of rules in the Canada Gazette is an essential component of transparency, accountability, and consistency in the justice system. It ensures that the public has access to the rules governing review boards' decisions and the reasons underlying such decisions. Furthermore, the transparency provides a level of trust that the process was fair in the public's eye, bringing a certain level of confidence to the decision-making process. The publication of the rules also provides guidance to stakeholders about the specific criteria that the Review Board will use to evaluate a person's mental state, potential risk of reoffending, and mental health treatment needs. The rules will include guidance about the admissibility of evidence, the scope of expertise required in assessments, factors to be considered regarding the person's history, background, and circumstances, and the timelines for reviews and related submissions. Publication of rules within the Canada Gazette also ensures that the rules are binding. Parties involved in a review board's proceedings cannot argue that they were not aware of the requirements because the rules must have been published. Therefore, the rules' publication minimizes the potential for disagreements among parties regarding the application of the rules or the relevance of evidence submitted. Consistency and predictability in application of the rules are essential to establishing clarity about the process for all parties involved. While different cases involve different facts, transparency in the process assures an element of predictability to allow for fair decision-making. Without such rules, review boards could make arbitrary decisions that lack consistency or clarity and undermine public confidence in the justice system. This provision also promotes accountability and fairness in the administration of criminal justice because it enhances the level of scrutiny for the Review Boards' decision-making process. The rules may also require periodic review and updates to consider changes in mental health legislation and emerging evaluations and therapies. In conclusion, Section 672.44(2) of the Criminal Code of Canada is a critical provision that mandates the publication of rules by Review Boards in the Canada Gazette. This requirement reinforces transparency, consistency and predictability and the public's confidence in decision-making. The publication of these rules guarantees that parties involved in these proceedings are aware of the requirements for a fair process and that Review Boards are accountable for their decisions. Ultimately, the publication of these rules is essential to ensure a fair criminal justice system and to maintain public trust in the law.

STRATEGY

Section 672.44(2) of the Criminal Code of Canada provides guidelines for review boards that apply to any proceeding under its jurisdiction. Review boards are responsible for supervising the dispositions of people found not criminally responsible on account of a mental disorder and providing safeguards for the public. To ensure compliance with this section, strategic considerations should be taken into account. One strategy for dealing with this section is to ensure that the rules are clearly and accurately documented. Review boards must ensure that the rules are published in the Canada Gazette to guarantee that they are accessible to the public. Having the rules published will ensure that they are easily accessible and followed by all stakeholders involved. Another strategic approach is ensuring that the information provided to the review board is complete and accurate. The information must be detailed, and clear to prevent errors while making critical judgments. Professionalism and transparency are essential in providing such information. All stakeholders should have complete understanding of the information presented. Stakeholders should also consider alternative approaches in dealing with some cases. Not all cases are the same and therefore require anifferent way of handling. Factors such as the type of crime committed, and the individual's mental state must be accounted for. Review Boards are designed to ensure the safety of the public while promoting the rehabilitation of the offender. Stakeholders can demonstrate this by understanding the fundamental principles of the criminal justice system and applying them accordingly. Collaboration is a critical strategy when dealing with these sections. In any proceeding, all stakeholders, including lawyers, police, judges, and medical practitioners, must work collaboratively to ensure that the right outcome is achieved. The collaborative approach ensures that all parties participate actively and take different approaches to solving a problem. Communication among stakeholders is crucial in decision-making. Stakeholders should also consider the cultural background when handling such cases. This includes the cultural background of offenders, victims, and witnesses. Stigma, discrimination, and bias must be avoided to ensure that the offender is treated with dignity and respect. The cultural background also affects cooperation and communication among stakeholders. Stakeholders should respect cultural differences to ensure effective communication and cooperation. In conclusion, strategic considerations such as clear and accurate documentation, complete and accurate information, alternative approaches, collaboration, and cultural considerations must be put into consideration when dealing with Section 672.44(2) of the Criminal Code of Canada. By following these strategies, stakeholders can ensure that the right outcome is achieved and that the interests of all parties are respected.