INTRODUCTION AND BRIEF DESCRIPTION
This section requires the Minister and Review Board to notify each other before discharging a dual status offender from custody.
SECTION WORDING
672.7(1) Where the Minister or the Review Board intends to discharge a dual status offender from custody, each shall give written notice to the other indicating the time, place and conditions of the discharge.
EXPLANATION
Section 672.7(1) of the Criminal Code of Canada is a crucial provision that mandates written notice to be given by both the Minister and the Review Board when a dual status offender is being considered for discharge from custody. A dual status offender is a person who has been found guilty of a criminal offence and is also subject to a disposition under the Youth Criminal Justice Act. The objective of this provision is to ensure that the Minister and the Review Board are fully apprised of the discharge process of dual status offenders and to ensure collaboration between both parties. Additionally, it is designed to enhance transparency in the discharge process and to minimize the risk of reoffending. The Minister in this instance refers to the Minister of Public Safety and Emergency Preparedness. The Review Board, on the other hand, refers to the Youth Criminal Justice Act Review Board. When either party intends to discharge a dual status offender from custody, they must give written notice to the other, outlining the time, place, and conditions of the discharge. The requirement for written notice is significant, as it provides concrete evidence of communication between both parties. In practice, this provision promotes careful consideration and collaboration between the Ministry and the Review Board on the offender's release from custody. It also ensures that the discharge process is conducted in a manner that prioritizes the safety and well-being of the public, the offender, and the community. In conclusion, the inclusion of Section 672.7(1) in the Criminal Code of Canada demonstrates the government's commitment to promoting safety and transparency in the criminal justice system. By providing both parties with notice of discharge, the provision ensures that the process is rigorous, transparent and accountable. Ultimately, this promotes public trust and confidence in Canada's criminal justice system.
COMMENTARY
Section 672.7(1) of the Criminal Code of Canada outlines the process for discharging dual-status offenders from custody, where both the Minister and the Review Board must provide written notice to one another. Dual status offenders refer to individuals who are convicted of both a federal offense and a provincial or territorial offense. This section of the Criminal Code is important as it ensures that both the Minister and Review Board are aware of the planned discharge of a dual-status offender, and that they can collaborate to establish the necessary measures to ensure the public's safety. The written notice required in this section is essential, as it provides a clear record of the discharge details, including the time, place, and conditions. This record is essential for accountability, as it ensures that both parties are aware of their responsibilities and that they have taken appropriate actions. Moreover, the written notice ensures that the Minister and Review Board can work together to determine the conditions of the offender's discharge. This collaboration is critical, as it allows the parties to exchange information to make informed decisions about the conditions that must be in place to ensure public safety. Furthermore, this section is integral in maintaining public safety. The discharge of an offender can cause significant anxiety and uncertainty among the community, particularly if the offender has committed a serious crime. Requiring both parties to provide written notice ensures the community is aware of the discharge, the context surrounding it, and any necessary conditions that must be in place to maintain safety. This section also speaks to the importance of rehabilitation, indicating that offenders can be released on conditions. While public safety is paramount, offenders must be given opportunities to demonstrate their willingness to rehabilitate and reintegrate into society. The provisions of this section, including the collaboration between the Minister and Review Board, ensure that conditions are put in place that not only protect the public but also facilitate rehabilitation. In conclusion, Section 672.7(1) is an essential provision in the Criminal Code of Canada, as it ensures that discharging dual-status offenders is conducted in a collaborative and transparent manner. The requirement for written notice allows both the Minister and Review Board to work together to establish the necessary conditions for the offender's release. This section speaks to the importance of public safety while also ensuring the potential for rehabilitation.
STRATEGY
When dealing with Section 672.7(1) of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. These considerations relate to the protection of the public, the rights of the offender, and the responsibility of the Minister and the Review Board to ensure that the discharge process is conducted in accordance with the law. One strategic consideration involves assessing the risk that the offender poses to the community. The Minister and the Review Board must carefully evaluate the offender's history, behavior, and current circumstances, and determine whether the individual is likely to re-offend if released from custody. If there is a significant risk of harm, the Minister and the Review Board may need to take steps to manage that risk, such as imposing conditions on the release or delaying the discharge until additional information is obtained. Another strategic consideration is ensuring that the offender's rights are protected throughout the discharge process. This includes the right to timely notice of the discharge, the right to be heard before the decision is made, and the right to challenge the decision if necessary. The Minister and the Review Board must ensure that these rights are respected and that the offender has access to legal representation and other support as needed. A further strategic consideration is the need to work collaboratively with other stakeholders, including law enforcement, community organizations, and victims. Collaboration can help to ensure that all relevant information is taken into account when making the discharge decision and that appropriate support and monitoring is in place after the release. It can also help to build trust and understanding between these stakeholders and improve the effectiveness of the overall criminal justice system. To address these strategic considerations, various strategies can be employed. One strategy is to develop clear policies and procedures for the discharge process that are consistent with the law and best practices. These policies and procedures should outline the roles and responsibilities of the Minister, the Review Board, and other stakeholders, as well as the criteria for assessing risk and making discharge decisions. Another strategy is to ensure that there is adequate training and support for all parties involved in the discharge process, including staff at correctional facilities, members of the Review Board, and legal representatives. This can help to ensure that everyone is knowledgeable about the legal requirements and best practices for managing dual status offenders and that they have the skills and resources needed to carry out their roles effectively. Finally, it is important to create opportunities for ongoing collaboration and information sharing between stakeholders. This can involve regular meetings, joint planning sessions, and the establishment of formal working groups or committees. These collaborative efforts can help to improve communication, build trust, and ensure that all parties are informed and engaged in the discharge process. In conclusion, Section 672.7(1) of the Criminal Code of Canada is an important provision that requires careful consideration and strategic action from all parties involved in the discharge of dual status offenders. By taking a comprehensive and collaborative approach, and employing the strategies outlined above, it is possible to manage the risks posed by these offenders while protecting their rights and ensuring the safety of the community.