section 672.81(2)

INTRODUCTION AND BRIEF DESCRIPTION

The Review Board must hold a hearing to review the disposition of a detained or directed accused upon request.

SECTION WORDING

672.81(2) The Review Board shall hold a hearing to review any disposition made under paragraph 672.54(b) or (c) as soon as practicable after receiving notice that the person in charge of the place where the accused is detained or directed to attend requests the review.

EXPLANATION

Section 672.81(2) of the Criminal Code of Canada outlines the procedural requirements for conducting a hearing to review any disposition made under paragraph 672.54(b) or (c). A disposition in this case refers to any order or decision by a judge or Review Board in relation to a person who has been found not criminally responsible on account of a mental disorder (NCRMD) or unfit to stand trial (UST). When a person is found NCRMD or UST, they are typically admitted to a secure psychiatric facility where they receive treatment for their mental health condition. The Review Board is responsible for monitoring and reviewing the status of these individuals, as well as making decisions about their level of supervision and the conditions of their release into the community. According to section 672.81(2), if the person in charge of the place where the accused is detained or directed to attend requests a review of the disposition made by the Review Board, then the Board must hold a hearing as soon as practicable. This means that the Board must schedule a hearing within a reasonable timeframe, taking into account any necessary preparation or procedural requirements. The purpose of the hearing is to determine whether the disposition made by the Review Board remains appropriate and necessary, or whether it should be varied or terminated. The hearing process may involve reviewing medical reports, hearing evidence from witnesses, and considering submissions from the parties involved (including the accused, their counsel, the prosecution, and any potential victims). Overall, section 672.81(2) is a crucial component of the criminal justice system that ensures accountability and transparency in the management of individuals with mental health issues who are involved in the justice system. By requiring regular and timely reviews of dispositions made by the Review Board, this section helps to safeguard the rights and interests of both the accused and society at large.

COMMENTARY

Section 672.81(2) of the Criminal Code of Canada stipulates that a Review Board must hold a hearing to review any disposition made under paragraph 672.54(b) or (c) as soon as practicable after receiving notice that the person in charge of the place where the accused is detained or directed to attend requests the review. This section of the Criminal Code of Canada ensures that individuals who have been detained or directed to attend mental health treatment receive regular reviews and assessments of their care. Section 672.54(b) of the Criminal Code of Canada allows courts to make dispositions in criminal proceedings involving individuals with a mental disorder. These dispositions are no criminal responsibility on account of mental disorder or unfit to stand trial. For instance, if an individual is diagnosed with a mental disorder that makes them incapable of understanding the charges against them or communicating with their lawyer, they cannot stand trial. Instead, they must receive treatment and support while in detention or after release on conditions. Section 672.54(b) also allows the court to order a person found not criminally responsible on account of a mental disorder to be detained in a hospital, formulating care, treatment, or supervision arrangements that are necessary for their health or security. In contrast, Section 672.54(c) of the Criminal Code of Canada allows the court to release such individuals into the community with treatment or supervision orders. Section 672.81(2) requires that a hearing be held to review any disposition made under sections 672.54(b) or (c). The review board that conducts these hearings must be independent, impartial, and composed of at least three people, one of whom must be qualified as a legal expert. The board monitors the mental health and treatment of individuals who have been detained or directed to attend mental health treatment. The purpose of the hearing is to assess progress in treatment and determine whether the individual should continue to be detained or released into the community under further treatment or supervision orders. The Review Board must adhere to the principles of fundamental justice and consider various factors in its decision. These include the safety of the public, the mental condition of the individual, the likelihood of re-offending, and the probability of compliance with the treatment or supervision orders. The board may also consider input from mental health professionals and other experts in making its decision. Section 672.81(2) is critical in ensuring that individuals with mental disorders who have come into contact with the criminal justice system receive appropriate care and support. The regular reviews and assessments this section provides can help to ensure that care plans are updated to reflect the individual's changing needs and circumstances, thereby improving outcomes and reducing the risk of harm to both the individual and the broader community. Furthermore, this section of the Criminal Code of Canada promotes transparency and accountability by requiring that the Review Board provide reasons for its decisions, allowing for the possibility of review by higher courts or other oversight bodies. In conclusion, Section 672.81(2) of the Criminal Code of Canada is a crucial provision that ensures that individuals with mental disorders receive appropriate care and treatment while in detention and upon release. By requiring regular reviews of dispositions made under sections 672.54(b) or (c), this section promotes transparency, accountability, and the protection of the public. It provides an opportunity for mental health professionals and other experts to assess an individual's progress and recommend appropriate measures, thereby facilitating recovery and reintegration into society.

STRATEGY

Section 672.81(2) of the Criminal Code of Canada sets out the requirement for a Review Board hearing to be held when a disposition has been made under paragraph 672.54(b) or (c) and the person in charge of the place where the accused is detained or directed to attend requests a review. The purpose of the hearing is to determine whether the disposition remains appropriate and whether any changes should be made. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations to keep in mind. Firstly, it is important to have a thorough understanding of the disposition that has been made and any relevant factors that may have influenced the decision. This may include the accused's mental health history, previous criminal record, and the circumstances surrounding the offence. Another important consideration is the potential outcomes of the Review Board hearing. Depending on the evidence presented, the Board may decide to maintain the current disposition, modify it, or order the accused's release. As such, it is important to carefully consider the evidence that will be presented and the likely effect on the disposition. One strategy that may be employed when dealing with this section of the Criminal Code is to engage the services of a mental health professional or other expert witness. This can be particularly effective when arguing for a modification or release of the accused, as they can provide insight into the accused's mental health and the potential for rehabilitation. Another strategy is to carefully prepare and present evidence that supports the requested outcome. This may include medical records, witness statements, and other evidence that demonstrates that the accused has made progress in their rehabilitation and is no longer a risk to society. Overall, when dealing with Section 672.81(2) of the Criminal Code of Canada, it is important to approach the hearing with a clear strategy and a thorough understanding of the relevant factors. By carefully preparing and presenting evidence that supports the desired outcome, it is possible to secure a positive result for the accused.