section 672.94

INTRODUCTION AND BRIEF DESCRIPTION

A Review Board can review a disposition based on the notice received under subsection 672.93(1.1) or (2).

SECTION WORDING

672.94 Where a Review Board receives a notice given under subsection 672.93(1.1) or (2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the Review Board were reviewing a disposition.

EXPLANATION

Section 672.94 of the Criminal Code of Canada pertains to the powers and duties of Review Boards when they receive a notice under subsection 672.93(1.1) or (2). This section specifies that the Review Board can exercise its powers and perform its duties under sections 672.5 and 672.81 to 672.83, as if it were reviewing a disposition. The section therefore applies primarily to situations where a person subject to a disposition under the Criminal Code notifies the Review Board that they want their case reviewed. This could occur for a variety of reasons, such as if the individual feels that they are no longer a danger to society and should be released from the disposition. The purpose of section 672.94 is to ensure that the Review Board has the appropriate tools to conduct a thorough review of the person's disposition. The Review Board's powers and duties include conducting hearings to gather evidence, assessing the risk of harm the person poses to society, and making decisions about their continued detention or release. Overall, section 672.94 serves an important role in ensuring that individuals subject to a disposition under the Criminal Code have access to a fair review process. By outlining the powers and duties of the Review Board when it receives a notice under subsection 672.93(1.1) or (2), the section helps to ensure that reviews are conducted in a consistent and effective manner.

COMMENTARY

Section 672.94 of the Criminal Code of Canada is a crucial piece of legislation that outlines the duties and responsibilities of a Review Board when they receive notice of a change of disposition or an application for a review. This provision is significant for individuals who have been found not criminally responsible for their actions due to a mental disorder and require ongoing monitoring and treatment. The provision requires the Review Board to exercise its powers and perform its duties under sections 672.5 and 672.81 to 672.83, as if it were reviewing a disposition. This means that the Review Board must consider the individual's mental condition, the risk of harm to the individual and others, and the potential risks and benefits of any proposed treatment or discharge plan. The Board must also consider the individual's rights, including their right to informed consent and privacy. This provision is designed to ensure that the rights and interests of individuals found not criminally responsible are protected while they receive the necessary treatment and care. Each year, a large number of individuals in Canada are found not criminally responsible for their actions due to a mental disorder. The legislation is in place to ensure that these individuals receive the appropriate care and treatment while protecting the public from any potential harm. The provision also gives the Review Board the authority to make decisions based on the evidence presented to them. The Board must consider the evidence provided by medical experts, as well as the individual's own views and preferences. This is important because it ensures that decisions made by the Board are based on a thorough and careful consideration of all relevant factors. In addition, the provision also emphasizes the importance of collaboration between healthcare professionals, the Review Board, and the individual. The provision requires the Board to consult with healthcare professionals and the individual before making any decisions. This collaboration is crucial to ensuring that the individual receives the appropriate care and treatment and that their rights are protected. Finally, the provision also emphasizes the importance of ongoing monitoring and assessment of the individual's mental health and progress. The Board must review the individual's case on a regular basis to ensure that they are progressing in their treatment and that their risk of harm is decreasing. This ongoing monitoring is crucial to ensuring the safety of the individual and the public. In conclusion, Section 672.94 of the Criminal Code of Canada is a crucial piece of legislation that outlines the duties and responsibilities of a Review Board when they receive notice of a change of disposition or an application for a review. The provision ensures that the rights and interests of individuals found not criminally responsible are protected while they receive the necessary treatment and care. The provision also emphasizes the importance of collaboration between healthcare professionals, the Review Board, and the individual, as well as ongoing monitoring and assessment of the individual's mental health and progress.

STRATEGY

Section 672.94 of the Criminal Code of Canada relates to the powers and duties of a Review Board when it receives a notice regarding the review of a disposition of an accused who has been found not criminally responsible due to a mental disorder. In such cases, there are several strategic considerations that parties involved in the legal proceedings may need to take into account. One consideration is the nature and severity of the accused person's mental illness. If the mental illness is minor or not directly related to the criminal offense, it may be advisable to argue for the accused person to undergo treatment in a community-based facility, rather than being committed to a psychiatric hospital, which can be more restrictive. Alternatively, if the accused person's mental illness is severe and poses a high risk to public safety, stricter measures may be deemed necessary. Another strategic consideration is the role of the Review Board itself and how it may impact the outcome of the case. Review Boards are composed of legal and medical professionals who are familiar with mental illness and the criminal justice system. As such, it may be helpful to consult with psychologists or psychiatrists who can provide insight into the accused person's mental state and how it relates to the criminal offense. Additionally, parties may choose to present the accused person's case in a way that is clear, concise, and persuasive, so as to make a compelling argument for the Review Board to consider. A third strategic consideration is the importance of advocating for the rights of the accused person. Even though the accused person has been found not criminally responsible, they are still entitled to certain protections under the law, such as the right to a fair and impartial hearing. Parties involved in the proceedings may need to take steps to ensure that the accused person's rights are protected and that their case is heard fairly. Finally, strategies that could be employed to better navigate these considerations may include carrying out thorough research, such as examining precedents and relevant case law, collaborating with legal and medical professionals, and developing a strong, evidence-based argument. Effective communication and presentation skills can also be essential when presenting the accused person's case before the Review Board. In conclusion, Section 672.94 of the Criminal Code of Canada provides guidelines for Review Boards when reviewing dispositions regarding individuals who have been found not criminally responsible due to a mental disorder. When dealing with this section of the Criminal Code, parties involved in the proceedings should take into account several strategic considerations, such as the nature of the accused person's mental illness, the role of the Review Board, the importance of advocating for the accused person's rights, and strategies that could be employed to present a compelling argument before the Review Board.