section 672.5(15)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires a copy of a statement filed after a verdict of not criminally responsible on account of mental disorder to be provided to the accused, their counsel, and the prosecutor.

SECTION WORDING

672.5(15) The court or Review Board shall ensure that a copy of any statement filed in accordance with subsection (14) is provided to the accused or counsel for the accused, and the prosecutor, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of the offence.

EXPLANATION

Section 672.5(15) of the Criminal Code of Canada is a provision that requires the court or Review Board to provide a copy of any statement filed by the accused in accordance with subsection (14) to both the prosecutor and the accused or counsel for the accused, as soon as possible after a verdict of not criminally responsible on account of mental disorder (NCRMD) is rendered in respect of the offence. This provision is significant because it enables the accused and their counsel to have access to any statements filed that may be relevant to the proceedings. By knowing the details of the accused's statement, they can better prepare their defense and make informed decisions about how to proceed. Subsection (14) mandates that if an accused person intends to rely on "mental disorder" as a defense to a criminal charge, they must file a written notice with the court, and provide a copy to the prosecutor. This notice should contain the details of the mental disorder that the accused intends to rely on. The discretion to accept or reject this notice rests with the presiding judge. If the judge accepts the notice and the accused is found NCRMD, Section 672.5(15) requires that all parties involved in the proceedings receive a copy of the statement filed by the accused. This helps ensure that the justice system is transparent and that all parties have equal access to information, which is critical for a fair trial. In summary, Section 672.5(15) of the Criminal Code of Canada ensures that the accused and their counsel have access to any statements they filed if they are found NCRMD. This provision helps ensure that the justice system is transparent, and that all parties have equal access to information for a fair trial.

COMMENTARY

Section 672.5(15) of the Criminal Code of Canada serves to ensure that adequate measures are taken to provide the accused or their legal representation, as well as the prosecutor, with a copy of any statement filed in accordance with subsection (14) as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of the offence. The purpose of this section is to provide transparency and ensure that all parties have access to the relevant information necessary for informed decision-making in the legal process. By providing all parties with access to the statement filed in accordance with subsection (14), it is possible to ensure that the interests of all parties are protected. It is important to note that the provision of a copy of the statement is not optional. Section 672.5(15) mandates that the court or Review Board shall ensure that the statement is provided to all parties. This is important because it removes any doubt as to whether the statement was provided or not. It also means that any party who can be affected by the contents of the statement is aware of its existence and has access to it. The requirement to provide a copy of the statement filed in accordance with subsection (14) is particularly relevant in cases where the accused is found not criminally responsible on account of mental disorder. In such cases, the focus of the legal proceedings shifts from determining guilt to considering the mental health of the accused. There is a need to ensure that the court has all the relevant information and that the rights and interests of the accused are protected. In practice, the provision of a copy of the statement is likely to be straightforward. However, delays in providing it can impact on the effective operation of the legal system. This is why the reference to "as soon as practicable" is included in section 672.5(15). This language recognizes that there may be some circumstances that could delay the provision of the statement but also ensures that all parties receive the statement in a reasonable timeframe. Overall, section 672.5(15) of the Criminal Code of Canada serves as an important safeguard in the legal process. It provides all parties with access to critical information and helps to ensure that the rights and interests of the accused are protected. By mandating the provision of the statement filed in accordance with subsection (14) to all parties, this section of the Criminal Code of Canada embodies the principles of transparency, accountability, and fairness in the legal system.

STRATEGY

Section 672.5(15) of the Criminal Code of Canada sets out the requirement for courts and review boards to provide a copy of any statement submitted under subsection (14) to the accused or their counsel, as well as to the prosecutor as soon as possible after a verdict of not criminally responsible on account of mental disorder is rendered. Strategic considerations when dealing with this section of the Criminal Code will depend on a number of factors, such as the nature of the offense, the needs and interests of the accused, and the goals of the defense. One key consideration is whether to submit a statement under subsection (14) at all. The decision will depend on the circumstances of the case, and whether the accused has a viable defense of not criminally responsible on account of mental disorder. If such a defense is available, a statement may be useful in explaining the accused's mental state at the time of the offense, and in supporting a defense argument that the accused lacked the capacity to know that their actions were wrong. Another strategic consideration is timing. The Criminal Code requires that the statement be submitted within 45 days of the verdict of not criminally responsible on account of mental disorder. Counsel for the accused will need to ensure that the statement is prepared and filed in a timely manner to avoid missing the deadline. In terms of the content of the statement, strategic considerations will depend on the specific goals of the defense. For example, if the goal is to secure a absolute discharge from the Review Board, the statement may need to focus on the accused's progress in treatment and the absence of any ongoing risk to public safety. On the other hand, if the goal is to secure release from a hospital or other custodial setting, the statement may need to focus on the accused's ability to function effectively in the community and to comply with any necessary treatment or monitoring. Finally, strategic considerations will also include the level of cooperation between the defense and prosecution. In some cases, the prosecutor may be opposed to the accused's release or may challenge the contents of the statement. Counsel for the accused will need to be prepared to respond effectively to any challenges and to present a strong case for the accused's release. Some strategies that could be employed in dealing with Section 672.5(15) include preparing a well-drafted statement that presents a clear and compelling case for the accused's release, identifying and addressing any potential objections or challenges from the prosecutor, and engaging in ongoing communication and negotiation with the prosecution to try to resolve any disputes or disagreements. Additionally, exploring any possible avenues for alternative dispute resolution, such as mediation or plea bargaining, may also be useful in achieving a favorable outcome for the accused.