section 672.6(1)

INTRODUCTION AND BRIEF DESCRIPTION

The prosecutor must inform the accused in writing and as soon as possible of an application for a disposition under section 672.58.

SECTION WORDING

672.6(1) The court shall not make a disposition under section 672.58 unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.

EXPLANATION

Section 672.6(1) of the Criminal Code of Canada is a provision governing the process for making dispositions under section 672.58 of the Code. This section sets out the requirement that the court may not make a disposition under section 672.58 unless the prosecutor has notified the accused of the application in writing and as soon as practicable. Section 672.58 of the Code provides for the imposition of a special disposition for offenders who are found not criminally responsible on account of mental disorder or unfit to stand trial. This section allows the court to make such dispositions as it deems appropriate in the circumstances, including conditional discharges, detention in a hospital, or release subject to conditions. The purpose of the notification requirement set out in section 672.6(1) is to ensure that the accused is aware of the application for a disposition and has an opportunity to respond to it. This is consistent with the principles of natural justice and fairness, as it allows the accused to present their own evidence and arguments in support of their position. In practice, the prosecutor is responsible for notifying the accused of the application for a disposition. This must be done in writing and as soon as practicable. The notification must include information about the specific disposition being sought and the date of the hearing. Overall, section 672.6(1) plays an important role in ensuring that the rights of the accused are respected in the context of proceedings under section 672.58 of the Criminal Code. By requiring that the accused be notified of the application for a disposition, this provision helps to ensure that the process is fair and transparent for all parties involved.

COMMENTARY

Section 672.6(1) of the Criminal Code of Canada serves as one of the many safeguards in place to ensure that an accused person receives due process and a fair trial. Specifically, this section deals with the requirement for the prosecutor to notify the accused, in writing and as soon as practicable, of any application that may result in a disposition of their trial under section 672.58. Section 672.58 of the Criminal Code of Canada allows for a disposition, or resolution, of the matter before the court without a trial, if all parties involved agree. For example, the accused may plead guilty to a lesser charge in exchange for a reduced sentence or another type of resolution. However, before the court can make such a disposition, the accused must receive adequate notification and an opportunity to understand and respond to the proposal. The notification requirement in section 672.6(1) is vital because it ensures that the accused has the opportunity to make informed decisions about their case. Providing written notification also creates a record of the notification and helps to prevent confusion or misunderstandings that may arise through verbal communication alone. In practice, a prosecutor will typically send a letter to the accused's lawyer outlining the proposed disposition and the implications of accepting or rejecting it. This letter will typically provide details of any proposed plea agreement or other resolution, as well as information on the consequences of accepting or rejecting the proposed resolution. In addition to ensuring that the accused receives adequate notice, section 672.6(1) also protects the rights of the accused during the disposition process. If the prosecution fails to provide adequate notification, the court may set aside any resulting disposition and require a new trial, or make other appropriate orders to remedy the situation. Overall, section 672.6(1) plays an essential role in ensuring that the disposition of a criminal matter is fair and transparent. By requiring that the accused receives written notice of any proposed disposition, this section allows them the opportunity to make informed decisions about their case, and helps to prevent unjust outcomes that may arise due to confusion or misinformation.

STRATEGY

Section 672.6(1) of the Criminal Code of Canada is an essential provision for accused persons facing a potential disposition under section 672.58. This section of the Criminal Code imposes a mandatory obligation on the Crown prosecutor to provide written notice of an application for a disposition under section 672.58 as soon as practicable. Failure to comply with this requirement can result in a motion seeking to dismiss the application or an adjournment to allow adequate time for the accused to prepare their response. When dealing with this section of the Criminal Code, several strategic considerations must be taken into account. Firstly, it is essential to understand that the purpose of this provision is to ensure that accused persons are afforded procedural fairness and adequate time to prepare their response to an application for a disposition under section 672.58. Therefore, it is crucial to ensure that the prosecution complies with this requirement to avoid any adverse consequences for the defence. One strategy that can be employed is to request documentation of the prosecution's compliance with this provision. For example, the defence may request copies of any correspondence or documentation exchanged between the prosecution and other parties involved in the case, such as the court or the accused. This documentation will provide a clear indication of whether the prosecution notified the accused of the application for a disposition under section 672.58. Another strategy that can be employed is to monitor the timeline for compliance with section 672.6(1). The provision requires the prosecution to provide written notice as soon as practicable. Therefore, it is necessary to keep track of the timeline to ensure that the prosecution adheres to this requirement. If the prosecution fails to provide written notice as required, the defence can bring a motion before the court to seek an adjournment or even dismissal of the application. In conclusion, section 672.6(1) of the Criminal Code is a crucial provision that plays a significant role in ensuring that accused persons are afforded procedural fairness in cases where a disposition is being sought under section 672.58. Strategic considerations when dealing with this section include ensuring compliance with the mandatory obligation to provide written notice and monitoring the timeline for compliance. Employing these strategies will help to ensure that the accused defence is not unfairly prejudiced in proceedings under section 672.58.