INTRODUCTION AND BRIEF DESCRIPTION
The review board can impose conditions on orders made under subsection (3).
SECTION WORDING
672.501(9) An order made under subsection (3) may be subject to any conditions that the Review Board thinks fit.
EXPLANATION
Section 672.501(9) of the Criminal Code of Canada refers to the powers of the Review Board with regards to the making of an order for detention or conditional release of individuals found to be not criminally responsible on account of mental disorder (NCRMD). When an individual is found NCRMD, the court may refer their case to the Review Board, which is responsible for determining whether the individual should be detained in a psychiatric facility or released under certain conditions. This subsection states that the Review Board has the authority to impose any conditions it deems necessary on an individual who is granted conditional release. These conditions may vary depending on the circumstances of the case, such as the nature and severity of the offense committed, the individual's mental health history, and the risk of reoffending. The conditions may include the requirement to attend therapy sessions, take prescribed medication, reside in a specified location, abstain from drugs or alcohol, and comply with any other restrictions deemed necessary by the Review Board. The goal of these conditions is to ensure that the individual is able to reintegrate into society safely and without posing a risk to themselves or others. The Review Board has a duty to balance the need for public safety with the individual's rights, and these conditions are seen as a way to achieve this balance. The Review Board also has the power to revoke or vary these conditions if necessary. In summary, Section 672.501(9) gives the Review Board the authority to impose conditions on an individual who is granted conditional release, with the aim of ensuring public safety and the individual's successful reintegration into society.
COMMENTARY
Section 672.501(9) of the Criminal Code of Canada is a provision that provides an important power to the Review Board, which is responsible for reviewing and assessing the risk of individuals who have been found not criminally responsible or unfit to stand trial. The provision allows the Review Board to make orders that are subject to conditions, which it deems appropriate. The Review Board is a vital institution in the criminal justice system in Canada since it plays an essential role in ensuring public safety. The Board's primary mandate is to assess the risk that individuals pose to themselves and others and to determine the appropriate course of action to mitigate this risk. The Board's primary mandate is to weigh the individual's rights and freedoms against the safety of the public, with a focus on the individual's health and well-being. Often, individuals who are found not criminally responsible or unfit to stand trial suffer from severe mental health disorders. Section 672.501(9) of the Criminal Code of Canada gives the Review Board the power to enforce conditions that are deemed necessary for people who have been found not criminally responsible. The Board may impose conditions that are tailored to the individual's unique needs and circumstances, such as requiring them to take medication, undergo treatment, or refrain from contact with particular individuals or places. The subsection's wide language gives the Review Board a lot of discretion in determining the conditions under which individuals found not criminally responsible are allowed to return to the community safely. Because many of these individuals suffer from serious health problems, the provisions could establish conditions that address these problems and thus help them reintegrate into society. Moreover, the section's flexibility could enable the Review Board to create customized conditions that take into account the individual's lifestyle and needs, thereby increasing the likelihood that the individual will comply with the provisions and receive the necessary treatment to recover. Additionally, as a result of the section, the Review Board can ensure that individuals who are released back into the community will not pose any risks to others. However, critics contend that the Review Board's broad discretion may also lead to the imposition of arbitrary or unreasonable conditions that could infringe on an individual's liberties and rights. The provision could be misused to impose conditions that are not tailored to the individual's need or circumstances. In conclusion, Section 672.501(9) of the Criminal Code of Canada is an essential provision that strengthens the Reviews Board's ability to ensure public safety when it comes to individuals who have been found not criminally responsible. The provision's flexibility offers the Review Board the ability to craft tailored provisions that meet an individual's unique needs while ensuring public safety is a top priority. However, the Board must ensure that the provisions they impose are proportionate and do not violate an individual's rights and liberties.
STRATEGY
Section 672.501(9) of the Criminal Code of Canada is an important provision that outlines the conditions which should be considered when imposing an order under subsection (3). This section mandates that the review board should impose any conditions that it thinks fit to ensure that the offender does not pose a risk to public safety. In considering this section, several strategic considerations should be made. This essay discusses some of the strategic considerations that should be taken into account when dealing with this section of the Criminal Code of Canada. Firstly, it is essential to recognize that the wording of this section gives the review board broad discretion to impose any conditions that it deems necessary. This discretion means that the review board has the power to impose conditions that may be onerous or restrictive on the offender's rights, based on the view that they are necessary to mitigate the risk of the offender committing a further offense. Therefore, prosecutors and defense counsel should be aware of this broad discretion and consider its implications when making submissions on behalf of their clients. Secondly, it is imperative to consider the specific circumstances of the offender, including their criminal history and risk of reoffending. These factors are vital in determining what conditions may be appropriate. For instance, an offender who has a history of drug abuse may require a condition that they attend drug and alcohol treatment programs while on probation. Alternatively, an offender who has been assessed as being at high risk of reoffending may require more restrictive conditions, such as electronic monitoring or curfews. Therefore, it is important to ensure that the proposed conditions are tailored to the individual offender's situation and address the specific risk factors presented by that person. Thirdly, it is essential to consider the potential impact of the conditions on the offender. While the focus of this section is on public safety, there is a risk that conditions that are too onerous may discourage the offender from complying with them, leading to further offenses. Therefore, prosecutors and defense counsel should consider whether the proposed conditions are reasonable and proportional to the risk of reoffending. Additionally, it may be helpful to ensure that the offender fully understands the conditions imposed and why they are necessary to mitigate the risk posed by their behavior. Fourthly, it may be helpful to consider any input from victims or their families when proposing conditions. While the focus of the review board is on public safety, it is important to consider the impact of the offender's behavior on the victims. Therefore, prosecutors and defense counsel should consult with victims or their families to gain insight into their concerns and to consider whether any conditions may be appropriate to address those concerns. In conclusion, section 672.501(9) of the Criminal Code of Canada is a crucial provision for ensuring public safety. It is essential to consider several strategic considerations when dealing with this section to ensure that the conditions imposed are appropriate and effective. These strategic considerations should include recognizing the broad discretion given to the review board, tailoring conditions to the individual circumstances of the offender, considering the impact of the conditions on the offender, and consulting with victims or their families. By taking these strategic considerations into account, it is possible to impose conditions that effectively mitigate the risk posed by the offender while also respecting the offender's rights and ensuring their compliance.