section 672.51(4)

INTRODUCTION AND BRIEF DESCRIPTION

The court may release disposition information to the accused in the interest of justice.

SECTION WORDING

672.51(4)Notwithstanding subsection (3), the court or Review Board may release some or all of the disposition information to an accused where the interests of justice make disclosure essential in its opinion.

EXPLANATION

Section 672.51(4) of the Criminal Code of Canada empowers a court or Review Board to release certain information about a disposition to an accused person in certain circumstances. Under subsection (3), an accused person is generally prohibited from accessing information about their own disposition, except in limited circumstances such as when the person is making an application for a change to the disposition or is seeking to challenge the validity of the disposition. However, subsection (4) provides an exception to this general rule where the court or Review Board determines that the interests of justice require disclosure of the information to the accused person. This could arise, for example, where the accused is seeking to apply for a pardon or appeal the conviction, and needs access to the disposition information to do so effectively. In making the determination as to whether the interests of justice require disclosure, the court or Review Board must consider all relevant factors, including the seriousness of the offence, the public interest in maintaining confidentiality, and the impact on the victim or other parties involved in the case. Overall, subsection (4) reflects the importance of ensuring that accused persons have access to information about their own disposition where necessary to ensure fairness and promote justice. However, it also recognizes that certain considerations may need to be taken into account to balance the interests of the accused with those of other parties involved in the case.

COMMENTARY

Section 672.51(4) of the Criminal Code of Canada provides the court and the Review Board with discretion to release some or all of the disposition information to the accused if they believe that disclosure is necessary in the interests of justice. This section recognizes that there may be certain circumstances where disclosure of disposition information is crucial to ensuring that justice is served, and allows for the appropriate authorities to take the necessary steps to provide this information to the accused. One important aspect of this provision is that it balances the interests of the accused with the interests of justice. While it is important to protect the privacy and confidentiality of certain information related to the accused and their case, it is equally important to ensure that the accused has access to the information they need to defend themselves and to receive a fair trial. By allowing for the release of disposition information in certain circumstances, this section of the Criminal Code aims to strike this balance and to ensure that justice is served. Another key aspect of this provision is that it recognizes the importance of context and the unique circumstances of each case. While there may be certain general principles and guidelines regarding the release of disposition information, this provision allows for the court and the Review Board to consider the particular circumstances of the case and to make a decision based on the specific facts before them. This approach recognizes that justice is not one-size-fits-all, and that a flexible and nuanced approach is often necessary in order to ensure that justice is served in a fair and equitable manner. Overall, Section 672.51(4) of the Criminal Code of Canada is an important provision that recognizes the importance of balancing the interests of the accused with the interests of justice. By allowing for the release of disposition information in certain circumstances, this section helps to ensure that accused individuals have access to the information they need to defend themselves and to receive a fair trial. At the same time, this provision allows for the appropriate authorities to protect the privacy and confidentiality of certain information, while also taking into account the unique circumstances of each case. In this way, Section 672.51(4) represents an important step forward in ensuring that justice is served in a fair, equitable, and context-specific manner.

STRATEGY

Section 672.51(4) of the Criminal Code of Canada is a provision that allows for the disclosure of disposition information to an accused person, where the interests of justice make disclosure essential in the opinion of the court or Review Board. This provision can be a powerful tool for defence counsel seeking to obtain information that can be used to defend their clients or challenge the validity of a decision made by the Review Board. However, there are strategic considerations that must be taken into account when dealing with this section of the Criminal Code. One key consideration is the timing of the disclosure request. Defence counsel may want to make a request for disclosure as early as possible, in order to allow sufficient time to review the information and prepare arguments based on it. However, making a request too early in the process could also alert the Crown to potential defence strategies and give them time to prepare counter-arguments or seek to limit the scope of the disclosure. Another consideration is the potential impact of disclosure on the accused's case. While the information disclosed may be helpful in some respects, it could also be damaging if it contains evidence that supports the Crown's case or undermines the accused's defence. Defence counsel will need to carefully weigh the potential benefits and risks of seeking disclosure and may need to consult with the accused and other experts before making a decision. Strategic considerations will also depend on the nature of the information being sought. For example, if the disclosure request relates to an assessment report, defence counsel may need to consider how much weight to give to the report and whether to challenge its findings. If the disclosure request relates to medical or psychiatric records, counsel may need to consider issues of confidentiality and privacy. In terms of strategies that could be employed when seeking disclosure under this section of the Criminal Code, defence counsel may want to consider the following: - Framing the request in a way that emphasizes the importance of disclosure to the interests of justice and the accused's right to a fair trial. - Being specific about the information being sought and why it is relevant to the case. - Providing reasons why the accused needs the information in order to properly defend themselves. - Offering to have the information reviewed by an expert or specialist in order to assess its relevance and potential impact on the case. - Highlighting any concerns about fairness or due process that may arise if the information is not disclosed. Overall, while section 672.51(4) of the Criminal Code of Canada can be a valuable tool for defence counsel, it is important to carefully consider the potential risks and benefits of seeking disclosure and to develop a strategic approach that takes into account the specific circumstances of the case.