Criminal Code of Canada - section 686(7) - Appeal court may set aside verdict of unfit to stand trial

section 686(7)

INTRODUCTION AND BRIEF DESCRIPTION

The court of appeal may allow an appeal and acquit the accused if they should have been acquitted at the close of the case for the prosecution, even if they were deemed unfit to stand trial.

SECTION WORDING

686(7) Where the verdict that the accused is unfit to stand trial was returned after the close of the case for the prosecution, the court of appeal may, notwithstanding that the verdict is proper, if it is of the opinion that the accused should have been acquitted at the close of the case for the prosecution, allow the appeal, set aside the verdict and direct a judgment or verdict of acquittal to be entered.

EXPLANATION

Section 686(7) of the Criminal Code of Canada deals with the appeal of an unfit to stand trial verdict. If a verdict of unfitness is returned after the close of the case for the prosecution, the court of appeal may, if it believes that the accused should have been acquitted at the close of the case for the prosecution, allow the appeal, set aside the verdict of unfitness, and direct a judgment of acquittal to be entered. This provision is designed to ensure that individuals who are found unfit to stand trial are not unfairly deprived of their right to a fair trial. If the court of appeal determines that the accused should have been acquitted at the close of the case for the prosecution, the verdict of unfitness can be set aside and the accused can be acquitted. It is important to note that this provision only applies in cases where the verdict of unfitness is returned after the close of the case for the prosecution. In cases where the verdict of unfitness is returned before the close of the case for the prosecution, the accused is not acquitted and the proceedings are stayed until such time as the accused is found fit to stand trial. In summary, section 686(7) of the Criminal Code of Canada provides a mechanism for ensuring that individuals who are found unfit to stand trial are not unfairly deprived of their right to a fair trial. If the court of appeal determines that the accused should have been acquitted at the close of the case for the prosecution, the accused can be acquitted even if they have been found unfit to stand trial.

COMMENTARY

Section 686(7) of the Criminal Code of Canada provides an important avenue of appeal for individuals who have been found unfit to stand trial. The section allows for a court of appeal to set aside a verdict of unfitness if it is of the opinion that the accused should have been acquitted at the close of the case for the prosecution. This provision recognizes that an individual who is not fit to stand trial may still be innocent of the charges against them and should not be punished for an offence they did not commit. Unfitness to stand trial, also known as mental incapacity, is a legal term used to describe a situation in which an accused person is unable to understand the nature and purpose of the legal proceedings against them, or to communicate effectively with their legal counsel. The determination of unfitness is made by a judge, usually after a psychiatric examination of the accused person. If the judge finds the accused to be unfit, the trial is halted and the accused is referred for medical treatment in an attempt to restore their capacity to stand trial. Section 686(7) applies specifically to situations where the verdict of unfitness was returned after the close of the case for the prosecution. This means that the evidence presented by the prosecution was not sufficient to establish the accused person's guilt beyond a reasonable doubt, even in the absence of a defence. In such cases, it is reasonable to conclude that the accused should be acquitted, even if they are found to be unfit to stand trial. The provision allows for a review of the trial proceedings as a whole, rather than simply the question of fitness. This means that the court of appeal can consider the evidence presented by both the prosecution and the defence, as well as any procedural issues or errors that may have occurred during the trial. If the court of appeal finds that the evidence was insufficient to support a conviction, it can order that a verdict of acquittal be entered, even if the accused is found to be unfit. This provision is important because it recognizes that individuals who are unfit to stand trial are still entitled to the presumption of innocence and to a fair trial. It also ensures that justice is not denied simply because an accused person is unable to participate fully in the legal process. By allowing for a review of the entire trial proceedings, rather than simply the question of fitness, section 686(7) helps to ensure that the correct result is reached in cases where an accused person is found to be unfit to stand trial. In conclusion, section 686(7) of the Criminal Code of Canada provides an important safeguard for individuals who have been found unfit to stand trial. It ensures that justice is done by allowing for a review of the entire trial proceedings, rather than simply the question of fitness. This provision recognizes that individuals who are unfit to stand trial are still entitled to the presumption of innocence and to a fair trial, and helps to ensure that the correct result is reached in cases where an accused person is found to be unfit.

STRATEGY

Section 686(7) of the Criminal Code of Canada provides the Court of Appeal with the power to set aside a verdict of "unfit to stand trial" and replace it with an acquittal in cases where the court believes that the accused should have been acquitted at the close of the case for the prosecution. When dealing with this section of the Criminal Code, several strategic considerations need to be taken into account. In this article, we will discuss some strategies that could be employed when dealing with Section 686(7). One significant consideration is timing. A verdict of "unfit to stand trial" can only be made after the close of the case for the prosecution. Section 686(7) permits the Court of Appeal to overturn this decision only if it believes that the accused should have been acquitted at the close of the case for the prosecution. As such, an accused person's legal counsel will need to remain vigilant throughout the course of the trial and be prepared to launch a challenge at the conclusion of the prosecution's case. This situation may require a lawyer to focus on key pieces of evidence, such as forensic reports, in developing a defence strategy. Another important strategy is to understand how the appellate courts interpret Section 686(7). The Supreme Court of Canada has held that this section requires a two-step inquiry. Firstly, the court must determine whether the verdict rendered by the trial judge is proper. Secondly, if the verdict is proper, the court must assess whether the accused should have been acquitted at the close of the prosecution's case. Understanding how the appellate courts interpret the statute can help to inform an accused person's legal strategy. An accused person's legal counsel may also need to focus on the evidence presented in the prosecution's case. This could involve employing forensic and expert witnesses, amongst others, who can discredit the evidence presented by the prosecution. As an accused person is presumed innocent until proven beyond a reasonable doubt, presenting a strong defence can ensure that the prosecution is unable to establish the necessary level of guilt. Another useful strategy is to evaluate the strength of the prosecution's case in determining whether to challenge the verdict. If an accused person's legal counsel believes that the prosecution case is unlikely to result in a guilty verdict if taken to trial, it may be advisable to challenge a verdict of "unfit to stand trial." By doing so, an accused person may be able to secure an acquittal without undergoing a full trial, which can be both time-consuming and expensive. In conclusion, Section 686(7) of the Criminal Code of Canada allows the Court of Appeal to overturn a verdict of "unfit to stand trial" in cases where they believe the accused should have been acquitted at the close of the case for the prosecution. In dealing with this section of the Criminal Code, legal counsel must remain vigilant throughout the course of the trial, understand how the appellate courts interpret the statute, evaluate the strength of the prosecution's case, and present a strong defence. By doing so, an accused person can increase their chances of securing an acquittal.