section 672.49(2)

INTRODUCTION AND BRIEF DESCRIPTION

Disposition made by Review Board or chairperson must be sent promptly to court having jurisdiction over the accused and Attorney General of province where accused is to be tried.

SECTION WORDING

672.49(2) The Review Board or chairperson shall send a copy of a disposition made pursuant to section 672.47 without delay to the court having jurisdiction over the accused and to the Attorney General of the province where the accused is to be tried.

EXPLANATION

Section 672.49(2) of the Criminal Code of Canada addresses the responsibilities of the Review Board or chairperson following a disposition made pursuant to section 672.47. In cases involving individuals found not criminally responsible or unfit to stand trial due to a mental disorder, the Review Board or chairperson is required to send a copy of the disposition without delay to the court having jurisdiction over the accused and to the Attorney General of the province where the accused is to be tried. This provision serves several important purposes. First, it ensures that the court and Attorney General are promptly informed of the disposition, enabling them to assess the impact of the accused's mental disorder on the criminal proceedings and take appropriate steps to protect public safety and the interests of justice. Second, it facilitates communication and coordination between the Review Board, court, and Attorney General, helping to ensure that the accused's mental health needs are appropriately addressed throughout the criminal justice process. Finally, it helps to ensure that there is consistency and fairness in the treatment of individuals with mental disorders who become involved in the criminal justice system, by promoting accountability and transparency in the decision-making process. Overall, section 672.49(2) is an important provision in the Criminal Code of Canada that helps to ensure that individuals with mental disorders who become involved in the criminal justice system are treated fairly and appropriately, while also protecting public safety and the interests of justice.

COMMENTARY

Section 672.49(2) of the Criminal Code of Canada is an important provision that outlines the process of notifying the court and the Attorney General of a disposition made pursuant to section 672.47. This section of the Criminal Code aims to ensure that all relevant parties are informed of any decision taken by the Review Board or chairperson regarding the release or detention of an individual found not criminally responsible for an offence. The purpose of this provision is to promote transparency and accountability in the criminal justice system. It ensures that the court and the Attorney General are aware of the disposition made by the Review Board or chairperson and can take appropriate steps if necessary. For instance, if the decision is to release the accused, the court may need to determine whether additional conditions need to be imposed to ensure the safety of the public. Similarly, the Attorney General may need to consider whether to appeal the decision made by the Review Board or chairperson. This provision also helps to facilitate communication and information-sharing between different branches of the criminal justice system. By ensuring that the court and the Attorney General are informed of the disposition made, this provision can help to prevent misunderstandings or conflicts between different parties involved in the case. It can also ensure that all relevant information is taken into account when making decisions about the accused's future. Moreover, this section also underscores the importance of timely notification. The phrase "without delay" indicates the urgency with which this information must be shared. This is crucial, as any delays in the notification process can impact the effective administration of justice. Delays in sharing information can also cause unnecessary anxiety and stress for all involved parties, including the accused, their family and loved ones, and even members of the public. In conclusion, Section 672.49(2) of the Criminal Code of Canada is a critical provision that ensures that the court and the Attorney General are notified of decisions made by the Review Board or chairperson. This provision plays an essential role in promoting transparency, accountability, communication, and timely sharing of information in the criminal justice system. By doing so, it ensures that all involved parties are aware of the disposition made and can take appropriate steps if necessary to facilitate the effective administration of justice.

STRATEGY

Section 672.49(2) of the Criminal Code of Canada requires the Review Board or chairperson to send a copy of a disposition made pursuant to section 672.47 without delay to the court having jurisdiction over the accused and to the Attorney General of the province where the accused is to be tried. The purpose of this provision is to ensure that all relevant parties are informed of the disposition and can take action accordingly. In this essay, we will discuss some strategic considerations when dealing with this section of the Criminal Code of Canada and suggest some strategies that could be employed. One of the primary strategic considerations when dealing with this section is timing. The provision requires the Review Board or chairperson to send a copy of the disposition without delay, which means that they must act quickly and efficiently. This is particularly important in cases where the accused is to be tried in a different province, as there may be logistical challenges to overcome, such as transporting the accused and ensuring that all relevant parties are aware of the situation. One strategy to ensure timely compliance with this provision is to have a clear procedure in place for sending out dispositions, with specific roles and responsibilities assigned to individuals or departments. This could include a checklist of tasks to be completed, timelines for completion, and a chain of custody for any documents related to the disposition. Another strategic consideration is the potential for legal challenges to the disposition. Section 672.49(2) requires that a copy of the disposition be sent to the court having jurisdiction over the accused, which means that the court may review the disposition and potentially overturn it if they feel it is not appropriate. This could lead to further delays and legal challenges, which could be costly and time-consuming. To mitigate this risk, one strategy could be to include detailed reasoning and justifications for the disposition, to demonstrate that it was made in accordance with the law and with due consideration for all relevant factors. This could involve consulting with legal experts and ensuring that all documentation related to the disposition is thorough, accurate, and defensible. A third strategic consideration when dealing with this section is the potential for negative publicity. If a high-profile accused is involved, or if the disposition is controversial, it could attract media attention and public scrutiny. This could have serious consequences for all parties involved, including the Review Board or chairperson, the court, the Attorney General, and the accused. One strategy to mitigate this risk is to be proactive in communicating with the media and the public, providing accurate and timely information about the disposition and the reasons behind it. This could involve issuing press releases, holding press conferences, or engaging with stakeholders through social media or other channels. By being transparent and responsive, parties can demonstrate that they are accountable and responsible, and can help minimize negative consequences. In conclusion, Section 672.49(2) of the Criminal Code of Canada requires the Review Board or chairperson to send a copy of a disposition made pursuant to section 672.47 without delay to the court having jurisdiction over the accused and to the Attorney General of the province where the accused is to be tried. When dealing with this section, some strategic considerations include timing, legal challenges, and negative publicity. Strategies that could be employed to address these considerations include implementing clear procedures for sending out dispositions, providing detailed reasoning and justifications for the disposition, and being proactive in communicating with the media and the public. By addressing these considerations and implementing effective strategies, parties can ensure that they comply with the law and minimize any negative consequences that may arise.