section 672.93(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the power of a justice to make an appropriate order if there are reasonable grounds to believe an accused has failed to comply with a disposition or assessment order.

SECTION WORDING

672.93(2) If the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order, the justice, pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order, may make an order that is appropriate in the circumstances in relation to the accused, including an order that the accused be returned to a place that is specified in the disposition or assessment order. If the justice makes an order under this subsection, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

EXPLANATION

Section 672.93(2) of the Criminal Code of Canada addresses situations where an accused individual has failed to comply with a disposition or an assessment order. A disposition order is a court decision that determines how an accused individual should be dealt with after they have been found guilty of a criminal offense. An assessment order, on the other hand, is a court decision that orders a mental health evaluation for the accused individual. If a justice is satisfied that there are reasonable grounds to believe that the accused has violated the disposition or assessment order, they may make an interim order that is appropriate in the circumstances. This could include an order for the accused to be returned to a specific location identified in the original disposition or assessment order. The intent of this provision is to ensure that the accused individual is held accountable for their actions and that they do not become a danger to the public. It is important to note that this section provides for an interim order pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order. This means that the ultimate decision regarding the accused individual's compliance with the disposition or assessment order will be made by a higher tribunal. In conclusion, Section 672.93(2) of the Criminal Code of Canada seeks to ensure that individuals who have been subject to a disposition or assessment order are held accountable for their actions and that public safety is protected. This section provides for interim measures to be taken if there are reasonable grounds to believe that an accused individual has violated the original order, while also ensuring that the ultimate decision rests with a higher tribunal.

COMMENTARY

Section 672.93(2) of the Criminal Code of Canada provides the framework for the treatment and management of those who have been found not criminally responsible or unfit to stand trial. This section specifically addresses what actions can be taken when an individual has failed to comply with a disposition or assessment order. Dispositions and assessment orders are put in place to ensure that those who have been found not criminally responsible or unfit to stand trial receive appropriate and necessary treatment and care. These orders may require an individual to attend a specific treatment program, take medication, or reside in a particular facility. However, it is not uncommon for individuals to fail to comply with these orders for a variety of reasons. This can range from a lack of understanding of the order to outright refusal. In such cases, Section 672.93(2) gives justices the power to make an appropriate order in relation to the accused, including returning them to a specific place specified in the order. It is important to note that any order made under this section is only temporary. It is pending a hearing of a Review Board or court with respect to the disposition or assessment order. This ensures that any action taken is ultimately in the best interest of the accused and their ongoing treatment and care. In addition to requiring that any order made under this section be temporary, the Criminal Code requires that notice of the order be given to the court or Review Board that made the original disposition or assessment order. This ensures that all parties involved are aware of the current situation and can take appropriate action as necessary. Overall, Section 672.93(2) is an important component of the criminal justice system in Canada. It provides a mechanism for addressing non-compliance with dispositions and assessment orders, while at the same time ensuring that any action taken is only temporary and subject to further review. By doing so, it helps to ensure that those who have been found not criminally responsible or unfit to stand trial receive the appropriate treatment and care that they need to ultimately reintegrate into society.

STRATEGY

Section 672.93(2) of the Criminal Code of Canada provides criminal justice practitioners with the legal authority to make appropriate orders against an individual who has contravened or breached an assessment or a disposition order. This section of the Criminal Code is significant as it recognizes that some offenders require ongoing supervision, treatment, or care in order to reintegrate them into the community and reduce the risk of recidivism. Strategic considerations when dealing with this section of the Criminal Code may vary depending on the nature of the contravention or breach and the specific circumstances of the accused. One of the key strategic considerations is to ensure that the orders made by the justice are appropriate and proportional to the breach. The orders should seek to balance the need to protect the community with the need to facilitate the rehabilitation and reintegration of the accused. In this regard, it is important to take into account the offender's specific needs, risk factors, and treatment progress. Another strategic consideration is to ensure that the accused is afforded procedural fairness throughout the process. This means ensuring that the accused is provided with a meaningful opportunity to be heard, to respond to any allegations made against them, and to provide evidence in their own defense. It also means ensuring that the accused is provided with adequate notice of the proceedings and access to legal representation. One strategy that could be employed is to ensure that the assessment or disposition order is clear and specific. This will help to minimize potential breaches by providing the accused with a clear understanding of what is expected of them. It will also help in determining whether the accused has contravened or failed to comply with the order. Another strategy that could be employed is to provide the accused with appropriate support and treatment. This could involve providing the accused with access to mental health services, substance abuse treatment, or other forms of therapy. Providing the accused with appropriate support and treatment can help to reduce the risk of reoffending and improve their chances of successful rehabilitation and reintegration into the community. In addition, it may be beneficial to involve other stakeholders in the process, such as family members, social workers, and community organizations. Engaging with these stakeholders can help to provide the accused with additional support and resources, and can also help to address any underlying issues that may be contributing to their criminal behavior. Overall, when dealing with section 672.93(2) of the Criminal Code of Canada, it is important to ensure that the orders made by the justice are fair, reasonable, and proportionate to the breach. By taking a collaborative and supportive approach, criminal justice practitioners can help to facilitate the rehabilitation and reintegration of the accused, while also protecting the community from potential harm.