INTRODUCTION AND BRIEF DESCRIPTION
This section requires a hearing by the Review Board to review a placement decision if significant changes in circumstances warrant it.
SECTION WORDING
672.69(2) The Review Board shall hold a hearing as soon as is practicable to review a placement decision, on application by the Minister or the dual status offender who is the subject of the decision, where the Review Board is satisfied that a significant change in circumstances requires it.
EXPLANATION
Section 672.69(2) of the Criminal Code of Canada seeks to ensure that individuals who are classified as dual status offenders receive the appropriate level of care and supervision when placed in a mental health facility. The section stipulates that the Review Board must hold a hearing to review placement decisions when a significant change in circumstances occurs. This provides the Minister and the individual in question with an opportunity to have their placement reviewed and potentially altered if necessary. The purpose of this hearing is to ensure that dual status offenders receive the care and supervision they need, while also taking into account any changes in their current situation that might impact their placement. This provision is important because it recognizes that individuals with mental health disorders who are also involved in the criminal justice system require specialized care and attention. The dual status offender designation acknowledges that these individuals require both mental health treatment and criminal justice supervision, and that their placement decisions must account for both of these needs. By requiring the Review Board to hold a hearing when a significant change in circumstances occurs, this section ensures that dual status offenders receive ongoing, appropriate care and supervision, even as their circumstances and needs evolve over time.
COMMENTARY
Section 672.69(2) of the Criminal Code of Canada mandates that the Review Board must hold a hearing as soon as practicable to review a placement decision if there has been a significant change in circumstances. This provision is critical to ensure that offenders who have been apprehended and detained under the mental health law are treated fairly and justly, and their rights are safeguarded. The Review Board is an independent tribunal that is responsible for monitoring the detention, assessment, and treatment of individuals who have been found not criminally responsible or unfit to stand trial due to a mental disorder. The Board is mandated to make decisions about the supervision, treatment, and release of these individuals under section 672.64 of the Criminal Code. This section of the Criminal Code recognizes that there may be a need to review a placement decision if there is a significant change in circumstances that arises after the initial decision. The change in circumstances could relate to the mental health status of the offender, the treatment plan, or other factors such as the risk to public safety. Such changes could significantly impact the need for detention and the appropriateness of the placement decision. The provision ensures that an application can be made to the Review Board to review a placement decision even after the initial decision has been made. This ensures that individuals are not stuck with a placement decision that is no longer appropriate or that may be ineffective in addressing their mental health issues or rehabilitation requirements. The provision also recognizes the role that the dual-status offender, who is the subject of the decision, can play in requesting a review of the placement decision. This allows the offender to have a say in the process and have their concerns about their detention and treatment addressed. This is consistent with the principles of natural justice and fairness. By using the term 'significant change,' the provision leaves some room for interpretation. This is important as it allows for flexibility in the application of the provision, enabling the Review Board to consider the facts of each case on their own merits. This is important as there can be significant variations in the mental health status of individuals, even if they are diagnosed with the same disorder. Moreover, the provision does not require the offender or the Minister to demonstrate any specific threshold of change before a review is ordered by the Review Board. In conclusion, Section 672.69(2) of the Criminal Code of Canada is a crucial provision in safeguarding the rights of offenders who are detained under the mental health law. It recognizes that placement decisions may need to be reviewed if there is a significant change in circumstances and ensures that the Review Board holds a hearing to consider such changes. This provision recognizes the importance of balancing the rights of the offender with the need to ensure public safety, ultimately promoting the principles of natural justice and fairness.
STRATEGY
Section 672.69(2) of the Criminal Code of Canada outlines the process for reviewing a placement decision for a dual status offender. When dealing with this section, there are several strategic considerations that must be taken into account. Below are some strategies that can be employed to ensure that the review process is carried out effectively. 1. Timely Review: The first and most important strategy is to ensure that the Review Board conducts the review as soon as is practicable. This is important because a significant change in circumstances can occur at any time, and delaying the review could have serious consequences. 2. Adequate Preparation: Preparing adequately for the review is also crucial. This involves gathering all relevant information, including medical records, psychological assessments, and reports from probation officers. This information will be vital in making a well-informed decision. 3. Collaboration and Cooperation: Collaboration and cooperation between the dual status offender, their legal representative, and the Minister are essential to the review process. It is essential to work together to ensure that all parties are on the same page and are working towards a common goal. 4. Communication: Communication is key when dealing with this section of the Criminal Code of Canada. Adequate communication between all parties is necessary to ensure that everyone is aware of the review process's timeline and what to expect. 5. Flexibility: The review process must also be flexible. Sometimes, unforeseen circumstances may arise, which can alter the review process's course. In such cases, flexibility is necessary to ensure that the review process can continue without disruption. 6. Expertise: Finally, engaging with experts in mental health, substance abuse, or other relevant areas is also essential. They can offer valuable insight into the situation and make recommendations that can help guide the review process. In conclusion, the review process under Section 672.69(2) of the Criminal Code of Canada requires a systematic approach to ensure that it is carried out effectively. Timely review, adequate preparation, collaboration and cooperation, communication, flexibility, and expertise are essential strategies that can be employed to ensure that the review process is successful. With these strategies in place, the review process can ensure that the dual status offender receives the best possible outcome, taking into account their specific circumstances.