INTRODUCTION AND BRIEF DESCRIPTION
The Review Board can review a disposition and make a new one, except in cases where the accused is fit to stand trial.
SECTION WORDING
672.83(1) At a hearing held pursuant to section 672.81 or 672.82, the Review Board shall, except where a determination is made under subsection 672.48(1) that the accused is fit to stand trial, review the disposition made in respect of the accused and make any other disposition that the Review Board considers to be appropriate in the circumstances.
EXPLANATION
Section 672.83(1) of the Criminal Code of Canada is a provision that outlines the powers of the Review Board in hearings held under sections 672.81 or 672.82. These hearings relate to individuals who have been found not criminally responsible or unfit to stand trial due to a mental disorder. The Review Board is responsible for reviewing the disposition made in respect of the accused, which means assessing the measures that have been put in place, such as treatment, supervision, and restrictions on the individual's liberty. Based on this review, the Board has the power to make any other disposition that it considers to be appropriate in the circumstances. This provision highlights the important role of the Review Board in overseeing the care and treatment of individuals who have been found not criminally responsible or unfit to stand trial due to a mental disorder. The Board has the power to make decisions that may impact an individual's liberty and autonomy, but these decisions are made with the goal of balancing public safety with the individual's needs for treatment and support. Overall, section 672.83(1) is an important provision that helps to ensure that individuals who have encountered the criminal justice system due to a mental health issue receive the appropriate care and support they need to reintegrate back into society.
COMMENTARY
Section 672.83(1) of the Criminal Code of Canada outlines the responsibilities of the Review Board at a hearing held pursuant to section 672.81 or 672.82. In such hearings, the Review Board is expected to review the disposition made in respect of the accused and make any other disposition that the Review Board considers to be appropriate in the circumstances, except where a determination is made under subsection 672.48(1) that the accused is fit to stand trial. The Review Board is an important body that plays a critical role in ensuring the fair treatment of individuals who have been found not criminally responsible due to mental illness or unfit to stand trial. Section 672.83(1) recognizes the importance of this role by mandating that the Review Board carefully consider the individual circumstances of each case and make a disposition that is appropriate and just. The Review Board has a wide range of options available when making dispositions, including ordering an absolute discharge, a conditional discharge, detention in a hospital, or detention in a prison. In making a disposition, the Review Board is expected to take into account a range of factors, including the individual's mental health history, the nature and seriousness of the offense, and the individual's risk to public safety. One of the key aspects of Section 672.83(1) is the requirement that the Review Board consider any other disposition that it deems appropriate in the circumstances. This means that the Review Board is not bound by any particular disposition and has the flexibility to consider all available options in determining the most appropriate course of action. This flexibility is especially important when dealing with individuals who have been found not criminally responsible due to mental illness or unfit to stand trial. Such individuals often require specific treatment and care, and the Review Board must be able to consider all available options in ensuring that the individual is provided with the appropriate level of care. Overall, Section 672.83(1) is an important provision that recognizes the importance of the Review Board in ensuring that individuals who have been found not criminally responsible due to mental illness or unfit to stand trial are treated fairly and justly. By mandating that the Review Board consider all available options in making a disposition, the provision ensures that the individual circumstances of each case are taken into account and that the most appropriate course of action is determined.
STRATEGY
When dealing with Section 672.83(1) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These considerations include the following: 1. Understanding the Purpose of the Review Board It is important to understand the purpose of the Review Board when considering Section 672.83(1). The Review Board is responsible for overseeing the treatment and management of individuals who have been found not criminally responsible on account of a mental disorder. Therefore, any strategies employed should take into account the importance of providing appropriate treatment and rehabilitation for these individuals. 2. Building a Strong Case In order to make a compelling argument for a specific disposition, it is important to build a strong case. This may involve gathering evidence, including medical reports and testimony from mental health experts, to support the proposed disposition. A thorough understanding of the individual's history, mental health status, and treatment plan will also be important. 3. Considering the Needs of the Individual It is important to consider the needs of the individual in question when proposing a disposition. This may involve assessing their level of risk to themselves and others, as well as their current mental health status. Strategies should aim to provide appropriate treatment and rehabilitation while minimizing the risk of harm to the individual and society. 4. Engaging with the Review Board Engaging with the Review Board in a positive and constructive manner can be beneficial when dealing with Section 672.83(1). This may involve developing a respectful and collaborative relationship with the Review Board members, as well as providing clear and concise information in support of the proposed disposition. 5. Having a Contingency Plan In some cases, it may be necessary to have a contingency plan in place in the event that the proposed disposition is not accepted by the Review Board. This may involve developing alternative treatment plans or seeking legal advice to explore other options. Some strategies that could be employed when dealing with Section 672.83(1) may include developing a comprehensive treatment plan that addresses the individual's mental health needs and risk factors, engaging with family members and other support systems, and providing ongoing monitoring and supervision to ensure compliance with the proposed disposition. Other strategies may involve presenting compelling evidence and testimony to support the proposed disposition, developing positive relationships with Review Board members, and exploring alternative options if necessary. Ultimately, the goal should be to provide appropriate treatment and rehabilitation for individuals who have been found not criminally responsible on account of a mental disorder while ensuring the safety and well-being of society.