INTRODUCTION AND BRIEF DESCRIPTION
An accused not in custody may be transferred to another place in Canada for reintegration or treatment with the recommendation and consent of provincial Review Boards and Attorneys General.
SECTION WORDING
672.86(2.1) An accused who is not detained in custody may be transferred to any other place in Canada where (a) the Review Board of the province from which the accused is being transferred recommends a transfer for the purpose of the reintegration of the accused into society or the recovery or treatment of the accused; and (b) the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent.
EXPLANATION
Section 672.86(2.1) of the Criminal Code of Canada outlines the circumstances under which an accused who is not detained in custody may be transferred to another place in Canada. This provision is aimed at allowing for the reintegration of accused persons into society or their recovery and treatment. Under this section, the transfer can only take place if the Review Board of the province recommends it and both the Attorney General of the sending province and the receiving province give their consent or authorize an officer to do so. The purpose of the transfer is to provide an opportunity for accused individuals to receive the necessary support required for their successful reintegration into society or for their recovery and treatment. This section sets out a rigorous process for the transfer, with multiple requirements that must be met before it can take place. The goal is to ensure that the transfer is done in the best interest of the accused and with the proper approval from those responsible for their care and oversight. Overall, this section serves as a safeguard within the Canadian criminal justice system. It allows for the government to provide necessary support for individuals who have been accused of a crime and are not detained in custody. With this provision, accused individuals can receive the care and treatment they need to overcome the challenges they face and reintegrate into society.
COMMENTARY
Section 672.86(2.1) of the Criminal Code of Canada is one that deals with the transfer of an accused who is not detained in custody to any other place within the country. The section lays down stringent conditions that must be satisfied before such a transfer can be made. The rationale behind this section is to ensure the rehabilitation of the accused, their recovery or treatment, and reintegration into society. The first condition that must be satisfied is that the Review Board of the province from which the accused is being transferred must recommend the transfer. The Review Board is a body established by the province to supervise and monitor individuals who have been found not criminally responsible due to mental illness or unfit to stand trial. Their mandate is to take care of such individuals and ensure that they are not a danger to themselves or the community. Therefore, their recommendation for the transfer of an accused to another location is a crucial step in ensuring their wellbeing. The second condition that must be satisfied is that the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent. This condition provides an essential legal framework for the transfer of the accused. It ensures that the transfer is not made without due diligence and that there is mutual agreement between the two provinces. Section 672.86(2.1) is, therefore, an essential provision of the Criminal Code of Canada. It ensures that an accused person who is not detained in custody is cared for and provided with necessary treatment, recovery, or rehabilitation. Such individuals may suffer from mental illness or other conditions that make them unfit to be in society. Therefore, transferring them to another location where they can receive the necessary care and treatment is an effective way of ensuring their wellbeing. The section has faced some criticism from some members of the public who believe that it undermines the justice system's credibility. They argue that individuals who have committed crimes should be punished for their actions and that transferring them to another location is an easy way out. However, the section offers a compromise between punishing the accused and providing them with necessary healthcare. It acknowledges that the accused is not entirely responsible for their actions and that they can be rehabilitated as part of their sentence. Moreover, the transfer of an accused person is not an easy process. It requires a thorough assessment of the individual's condition, both by the province of origin and the province of destination. The process must be transparent, and the public must be made aware of the reasons for the transfer. This ensures that the public maintains trust in the justice system, and that any transfer made follows due process. In conclusion, Section 672.86(2.1) of the Criminal Code of Canada is an important provision that ensures the well-being of an accused person who is unfit to stand trial due to mental illness or other conditions. The section provides a legal framework for the transfer of such an individual and ensures that due diligence is followed before any transfer is made. While the provision has faced some criticism, it provides a necessary compromise between punishing the accused and providing them with necessary care and treatment.
STRATEGY
Section 672.86(2.1) of the Criminal Code of Canada outlines the circumstances under which an accused who is not detained in custody can be transferred to a different place within Canada for the purpose of reintegration, recovery, or treatment. This section of the Criminal Code requires several strategic considerations, as it could impact both the accused and the provinces involved in the transfer. The following are some strategies that could be employed when dealing with this section of the Criminal Code. Firstly, one strategy would be to ensure that there is clear communication between the Review Board of the province from which the accused is being transferred and the Attorney General of the province to which the accused will be transferred. This communication is important because it will ensure that both parties are aware of the situation and can provide the necessary consent for the transfer. Additionally, the communication will ensure that the transfer is made for the appropriate purpose, which is the reintegration of the accused into society or the recovery or treatment of the accused. Secondly, another strategy would be to ensure that the transfer is made to a facility that is appropriate for the accused's needs. This is important because different individuals have different needs and requirements, and not all facilities may be suitable for all individuals. Therefore, it is important to ensure that the facility to which the accused is being transferred is equipped to handle their specific needs. Thirdly, another strategy would be to ensure that there is a plan in place for the accused's reintegration into society. This plan would help to ensure that the accused is able to successfully transition back into society once their time in the facility has ended. This plan could include things like counselling, job training, or other types of support that would be beneficial in helping the accused to rebuild their life after their time in the facility. Fourthly, another strategy would be to ensure that the transfer is made in a timely manner. This is important because delays in the transfer could impact the accused's ability to receive the necessary treatment or recover in a timely manner. Therefore, it is important to ensure that the transfer is made as soon as possible once all necessary consents have been obtained. In conclusion, Section 672.86(2.1) of the Criminal Code of Canada requires several strategic considerations when dealing with the transfer of an accused who is not detained in custody for the purpose of reintegration, recovery, or treatment. These considerations include clear communication between the Review Board and the Attorney General, ensuring the transfer is made to an appropriate facility, having a plan in place for reintegration into society, and ensuring the transfer is timely. Employing these strategies will help to ensure that the transfer is made in a manner that is beneficial for all parties involved.