INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the transfer of powers and duties of a Review Board in one province to another province for a transferred accused under certain circumstances and subject to terms and conditions set out in an agreement between the Attorney Generals of both provinces.
SECTION WORDING
672.88(2) Notwithstanding subsection (1), the Attorney General of the province to which an accused is transferred may enter into an agreement subject to this Act with the Attorney General of the province from which the accused is transferred, enabling the Review Board of that province to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, in the circumstances and subject to the terms and conditions set out in the agreement.
EXPLANATION
Section 672.88(2) of the Criminal Code of Canada provides guidance on the management of accused persons who have been transferred between Canadian provinces. This section allows the Attorney General of the province to which an accused has been transferred to enter into an agreement with the Attorney General of the province from which the accused was transferred. This agreement enables the Review Board of the province from which the accused was transferred to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused. The powers and duties referred to in subsection (1) relate to the assessment of mentally disordered accused persons and the management of their detention. The section requires that any agreement made under this section must be subject to the provisions of the Criminal Code, which means that all parties must comply with the legal requirements outlined in the code. Additionally, the agreement must be made within the confines of the circumstances and subject to the terms and conditions set out in the agreement. Overall, this section serves to ensure that the detention and management of mentally disordered accused persons is carried out effectively and in accordance with the law, despite being transferred between provinces. It reinforces the importance of inter-provincial cooperation and collaboration in managing these individuals while still protecting their rights under the law.
COMMENTARY
Section 672.88(2) of the Criminal Code of Canada allows for an accused person who has been transferred from one province to another to have their case managed by the Review Board of the province from which they were transferred, under an agreement between the Attorneys General of both provinces. The conditions of the agreement will determine if the powers and responsibilities of the Review Board will be transferred. In essence, this section is an important provision to ensure the proper administration of justice in cases that cross provincial borders. The transfer of an accused person from one province to another often occurs if they are deemed unfit to stand trial or not criminally responsible on account of a mental disorder. In such cases, the transfer is made in accordance with the Charter of Rights and Freedoms, which provides that accused persons must be dealt with in the jurisdiction where the alleged offense took place. However, the transfer of accused persons can often result in difficulties in the management of their case, due to differences in the legal regimes and resources available in the sending and receiving provinces. Section 672.88(2) of the Criminal Code addresses this difficulty by allowing for an agreement to be made between the Attorneys General of both provinces, which will allow the Review Board of the sending province to manage the case of the accused person. By doing so, the Review Board can continue managing and monitoring the accused person's mental health, even if they are not physically present in the province. The importance of this provision cannot be overstated, as it ensures that individuals who are subject to mental disorders are treated with the appropriate care, on a case-by-case basis. The benefits of this section are numerous, as it reduces the risk of unfair treatment or loss of necessary care by an accused person simply as a result of being transferred to another jurisdiction. It also ensures consistency in the management of cases and reduces the potential difficulties that may arise from transferring cases across provincial borders. By allowing the Review Board of the sending province to manage the case, the accused person can continue to receive the same level of treatment and care they would receive if they were still in the province, which in turn, can contribute to a positive outcome for the individual, as well as for the administration of justice. In conclusion, Section 672.88(2) of the Criminal Code of Canada provides an important provision that ensures the appropriate treatment and management of accused persons who are subject to mental disorders, even if they are transferred to another province. By allowing for agreements to be made between the Attorneys General of both provinces, this section underscores the importance of ensuring consistent and fair treatment, regardless of jurisdictional boundaries. Its role in the administration of justice and protection of accused persons should be respected and upheld.
STRATEGY
Section 672.88(2) of the Criminal Code of Canada gives the Attorney General of a province the authority to enter into an agreement with the Attorney General of another province concerning the management of a mentally disordered accused (MDA) who is transferred from one province to another. The transfer of MDAs can often be complicated and require significant planning and coordination. The provisions of this section set out the parameters within which such agreements can be negotiated and executed. In this essay, we will discuss some of the strategic considerations that must be taken into account when dealing with this section of the Criminal Code, as well as some of the possible strategies that could be employed. One of the primary strategic considerations when dealing with Section 672.88(2) is the need to ensure that the interests of all parties involved are adequately represented and protected. As the section relates to the management of MDAs who have been transferred between jurisdictions, there may be competing interests between the two provinces involved in the agreement. For instance, the receiving province will have an interest in ensuring that the MDA receives appropriate care and treatment, while the sending province will be concerned about the cost of such care and treatment. To address this concern, the provinces may agree to share the cost of care, with the sending province providing funds to the receiving province to help cover the cost of the MDA's care and treatment. Another important strategic consideration is the need to ensure that the agreement is consistent with the criminal justice framework in both provinces. This means that both parties must consider the impact of the agreement on the accused's right to a fair trial, as well as the principles of natural justice and procedural fairness. For instance, the agreement must ensure that the Review Board in the sending province is aware of any relevant information about the MDA's mental condition that may impact their management in the receiving province. A further strategic consideration when dealing with Section 672.88(2) is the need to ensure that the agreement is in line with the best practices for the management of MDAs transferred between jurisdictions. This means that both parties must consider the standards of care, treatment and supervision that are required to ensure that the accused's mental condition is appropriately managed. For example, the agreement may require that the receiving province implement policies and procedures to monitor the MDA's mental state, to ensure that any changes are identified and addressed promptly. In terms of possible strategies that could be employed when dealing with this section of the Criminal Code, there are a number of options to consider. For instance, the provinces may agree to establish a joint committee to oversee the agreement, ensuring that the interests of both parties are adequately protected. The committee may be composed of representatives from each province, as well as relevant stakeholders such as mental health professionals, legal experts, and community groups. Another strategy that could be employed is to establish clear protocols and procedures for the transfer of MDAs between provinces. This may include ensuring that the receiving province has adequate resources and infrastructure in place to manage the accused's mental condition, as well as providing clear guidance on the exchange of information between the provinces. In conclusion, Section 672.88(2) of the Criminal Code of Canada provides an important framework for the management of mentally disordered accused who are transferred between provinces. When dealing with this section, it is important to consider a range of strategic factors, including the interests of all parties involved, the impact of the agreement on the criminal justice framework, and the best practices for the management of MDAs. By employing effective strategies, provinces can ensure that the transfer of MDAs is managed in a way that is consistent with the principles of natural justice, procedural fairness, and the best interests of the accused.