INTRODUCTION AND BRIEF DESCRIPTION
This section defines an approved hospital for the purposes of certain subsections of the Criminal Code.
SECTION WORDING
287(6) For the purposes of subsections (4) and (5) and this subsection, "approved hospital" means a hospital in a province approved for the purposes of this section by the Minister of Health of that province.
EXPLANATION
Section 287(6) of the Criminal Code of Canada is a provision that helps to regulate the lawful administration of medical assistance in dying (MAID) in Canada. It defines the term "approved hospital," which refers to a hospital that has been authorized to provide MAID services by the Minister of Health of the province in which it is located. The provision specifies that an approved hospital is necessary for carrying out the requirements of subsections (4) and (5) of Section 287 of the Criminal Code, which outline the eligibility criteria, procedural safeguards, and reporting requirements for MAID. These subsections allow individuals who are experiencing intolerable suffering due to a grievous and irremediable medical condition to request and receive medical assistance to end their life. In order for MAID to be administered legally, it must be carried out in compliance with the stringent criteria and safeguards set out in the Criminal Code, including the involvement of medical professionals and an assessment of the patient's capacity to consent to the procedure. The requirement that MAID be provided in an approved hospital helps to ensure that these safeguards are in place and that the procedure is carried out with the utmost care and professionalism. Overall, Section 287(6) plays an important role in governing the provision of MAID in Canada and protecting the rights and safety of patients seeking this option. It is a reminder that while MAID is a legal option for Canadians experiencing intolerable suffering, it must be carried out with strict adherence to the law in order to protect the dignity and well-being of those seeking this procedure.
COMMENTARY
Section 287(6) of the Criminal Code of Canada is a provision that defines the term "approved hospital" for the purposes of subsections (4) and (5) and this subsection. In essence, the section states that an approved hospital is one that has been approved for the purposes of this section by the Minister of Health of that province. This section is an important provision that is used in the context of the Criminal Code's provisions relating to the treatment of persons found not criminally responsible on account of mental disorder. In Canada, the criminal law recognizes that some individuals who have committed a criminal offence are not criminally responsible for their actions due to a mental disorder. In such cases, the law provides that these individuals may be subject to a disposition that is aimed at protecting the public and ensuring the individual receives appropriate treatment. This disposition is known as a "not criminally responsible" (NCR) verdict. Section 672.54 of the Criminal Code sets out the regime for the treatment of an individual who has been found NCR. The section provides that, if the court is satisfied that the individual poses a significant risk to the public, it may order that the individual be detained in custody in a hospital for the purposes of treatment. The court may also make an order under section 672.55 for the supervision and treatment of the individual after he or she is released from custody. The role of an approved hospital in this context is crucial. An approved hospital is one that has met the standards set out by the provincial Minister of Health for the provision of mental health treatment and care. This ensures that individuals who have been found NCR are receiving appropriate treatment and care while being detained in custody in the hospital. It also ensures that the public is adequately protected by ensuring that individuals who are at risk of causing harm are detained in hospitals that provide appropriate mental health care. The concept of an approved hospital serves to balance the competing concerns of public safety and the rights of the individual who has been found NCR. On the one hand, the state has a duty to protect the public from harm caused by individuals who are mentally ill and at risk of causing harm to themselves or others. On the other hand, individuals who have been found NCR are entitled to receive appropriate treatment and care for their mental health condition. By ensuring that the hospital where an individual is detained is an approved hospital, these competing concerns are appropriately balanced. Overall, Section 287(6) is an important provision that helps to ensure that individuals who have been found NCR receive appropriate treatment and that the public is adequately protected from harm. It ensures that individuals are detained in hospitals that meet the requisite standards for the provision of mental health care, and that the court's order for treatment is carried out in a manner that is consistent with the principles of natural justice and respect for individual rights.
STRATEGY
Section 287(6) of the Criminal Code of Canada is a critical section that outlines the definition of an "approved hospital" in instances of criminal responsibility related to mental disorder. This section is important as it can have significant implications on the outcome of criminal trials and the rehabilitation of individuals with mental health disorders. In dealing with this section, there are some strategic considerations that should be taken into account. One of the critical considerations in dealing with Section 287(6) is the approval of hospitals by the Minister of Health of each province. It is essential to ensure that the hospital where an accused is being evaluated or treated is approved under this section. Failure to comply can result in the invalidation of the accused's mental health assessment, which, in turn, can impact the criminal case and the accused's treatment and rehabilitation. To address this issue, one strategy that can be employed is to evaluate and ensure the approval of the hospital beforehand. This involves reviewing the public record of approved hospitals by the relevant province, or contacting the ministry of health to confirm the same. Another strategic consideration in dealing with Section 287(6) is the legal team's understanding of the mental illness diagnosis, the treatment plan, and the progress of the accused in the approved hospital. This understanding is crucial in establishing the level of criminal responsibility of the accused and in determining the appropriate sentence. One strategy that can be employed is seeking the assistance of a qualified and experienced mental health expert such as a psychiatrist or psychologist. The expert can provide a detailed report on the accused's diagnosis, treatment plan, and progress, and can also provide testimony in court. Such an expert can also help the legal team understand the accused's mental health condition and its implications in relation to the criminal case. Another strategic consideration is ensuring communication and collaboration between the legal team and the healthcare professionals treating the accused. Collaboration can help the legal team understand the diagnosis, treatment plan, and progress of the accused, and the healthcare professionals can provide additional insights into the mental health condition of the accused. They can also testify in court on the accused's progress and treatment plan, which is crucial in determining the level of criminal responsibility and the appropriate sentence. One strategy that can be employed is ensuring regular and open communication and collaboration with the healthcare professionals treating the accused. Conclusion In conclusion, Section 287(6) of the Criminal Code of Canada is a critical section that outlines the definition of "approved hospital" in mental health cases. Strategic considerations that should be taken into account when dealing with this section include ensuring approval of the hospital, understanding the healthcare professionals' diagnosis, treatment plan, and progress, and fostering communication and collaboration between the legal team and the healthcare professionals treating the accused. Strategies that can be employed include seeking the assistance of a qualified and experienced mental health expert, ensuring approval of the hospital beforehand, and ensuring regular and open communication and collaboration with the healthcare professionals treating the accused.