section 672.51(9)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the disclosure of disposition information to persons with a valid interest for research, administration of justice or with written authorization from the accused, under certain conditions.

SECTION WORDING

672.51(9) Notwithstanding subsections (7) and (8), the court or Review Board may make any disposition information, or a copy of it, available on request to any person or member of a class of persons (a) that has a valid interest in the information for research or statistical purposes, where the court or Review Board is satisfied that disclosure is in the public interest; (b) that has a valid interest in the information for the purposes of the proper administration of justice; or (c) that the accused requests or authorizes in writing to inspect it, where the court or Review Board is satisfied that the person will not disclose or give to the accused a copy of any disposition information withheld from the accused pursuant to subsection (3), or of any part of the record of proceedings referred to in subsection (8), or that the reasons for withholding that information from the accused no longer exist.

EXPLANATION

Section 672.51 (9) of the Criminal Code of Canada outlines the circumstances in which certain information or records regarding dispositions can be made available on request. Dispositions refer to the outcome of a trial or hearing, including sentencing decisions and the verdict itself. This section makes it clear that the court or Review Board has discretion to release disposition information or a copy of it to any person or class of persons who have a valid interest in it. This includes situations where the information will be used for research or statistical purposes, for the proper administration of justice, or at the request or authorization of the accused. However, there are certain limitations to these provisions. The court or Review Board must determine that disclosure is in the public interest and that the person requesting the information will not disclose it to the accused or give them a copy if it has been withheld from them. Additionally, if any reasons existed for withholding the information from the accused, these reasons must no longer be relevant. Overall, section 672.51 (9) provides a framework for the release of disposition information in specific circumstances while protecting the interests of the accused and the public. It emphasizes the need for discretion and careful consideration in determining whether information should be made publicly available.

COMMENTARY

Section 672.51(9) of the Criminal Code of Canada provides for the disclosure of information related to the disposition, or outcome, of a review or hearing of an individual found to be unfit to stand trial or not criminally responsible on account of mental disorder. The section permits the court or Review Board to make this information available to individuals or groups that have a valid interest in it for specific purposes and under certain conditions. One of the purposes cited in the section is for research or statistical purposes. This provision recognizes the value of the information obtained through reviews and hearings in understanding the criminal justice system, mental health, and related issues. Researchers and analysts who have a valid interest in this information can use it to gain insight into the effectiveness of interventions, the prevalence of certain conditions, and other important topics. The section also contains safeguards to ensure that the disclosures are in the public interest and that the information is handled appropriately. The second purpose cited in this section is related to the administration of justice. Individuals or groups that have a valid interest in the disposition information for the proper administration of justice can request access to it. This provision recognizes that certain parties, such as prosecutors, defense counsel, and judges, may require this information to support their functions within the criminal justice system. However, the provision also establishes strict conditions to ensure that the information is not misused or disclosed inappropriately. The third purpose cited in this section pertains to access requested by the accused or their authorized representative. In this case, the court or Review Board must be satisfied that the person requesting access will not disclose the information withheld from the accused or any part of the record of the proceedings. This provision recognizes the right of the accused to access information related to their case while balancing the need to protect sensitive information and ensure that the accused does not use the information in a way that undermines the legal process. Overall, section 672.51(9) of the Criminal Code of Canada strikes a balance between the public interest in access to information related to reviews and hearings of individuals found to be unfit to stand trial or not criminally responsible on account of mental disorder, and the need to protect sensitive information and ensure that the information is used appropriately. The provision provides for disclosure to specific individuals or groups for specific purposes under strict conditions, reflecting the value of this information while upholding the principles of privacy and confidentiality.

STRATEGY

Section 672.51(9) of the Criminal Code of Canada can pose several strategic considerations for lawyers and individuals seeking access to disposition information for research or other purposes. Some of the strategic considerations when dealing with this section of the Criminal Code of Canada include: 1. Valid interest: The court or Review Board must be satisfied that the person or a member of a class of persons seeking access to the information has a valid interest in the information. Lawyers and individuals seeking access to disposition information need to provide a strong argument that explains why they have a valid interest in the information. 2. Public interest: The court or Review Board must be satisfied that disclosure is in the public interest before granting access to disposition information. Lawyers and individuals seeking access to disposition information need to provide a strong argument that explains how the requested information would benefit the public interest. 3. Authorization in writing: If an accused person requests or authorizes in writing to inspect disposition information, the requesting person must provide assurances that they will not disclose or give a copy of the disposition information to the accused or any other person from whom the information was withheld. 4. Withheld information: The court or Review Board may withhold information from the accused under subsection (3) or (8) of this section, and lawyers and individuals seeking access to disposition information must be aware of this. They may need to make strategically reasoned arguments to convince the court that the reasons for withholding the information no longer exist or are no longer relevant. 5. Privacy considerations: Disposition information provided under this section may contain private and sensitive information. Lawyers and individuals seeking access to disposition information must be aware of any privacy concerns and consider whether the requested information is necessary and how to best protect the privacy rights of the individuals involved. To effectively deal with Section 672.51(9) of the Criminal Code of Canada, lawyers and individuals seeking access to disposition information may employ several strategies, including: 1. Strategic argumentation: Lawyers and individuals seeking access to disposition information must make strong and compelling arguments that explain why they have a valid interest in the information and how disclosure would be in the public interest. 2. Authorization letters: If an accused person requests or authorizes inspecting disposition information, the requesting person must provide assurances that they will not disclose the information to the accused. Lawyers or individuals could draft an authorization letter before seeking access to the disposition information to avoid unnecessary delays in obtaining the information. 3. Narrow down information requests: Lawyers and individuals seeking access to disposition information could consider requesting only the information that is absolutely necessary, rather than requesting everything. Narrowing down the scope of the request reduces the burden on the court or Review Board, which could make a decision on the request more quickly. 4. Confidentiality agreement: The court or Review Board may impose a confidentiality agreement on the requesting person to protect the privacy of the individuals involved. Lawyers and individuals seeking access to the information could consider offering to sign a confidentiality agreement before seeking access to disposition information. 5. Alternative sources: If the court denies a request for disposition information under Section 672.51(9), lawyers and individuals seeking the information could consider alternative sources, such as requesting information from law enforcement agencies or public records. In conclusion, Section 672.51(9) of the Criminal Code of Canada poses several strategic considerations for lawyers and individuals seeking access to disposition information for research or other purposes. Lawyers and individuals need to provide strong arguments, be aware of any privacy concerns, and consider alternative sources of information. Employing these strategies could help lawyers and individuals navigate the complex legal landscape and make effective use of Section 672.51(9) of the Criminal Code of Canada.