INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term accused to include defendants in summary conviction proceedings and those found not criminally responsible due to mental illness.
SECTION WORDING
672.1(1) In this Part, "accused" includes a defendant in summary conviction proceedings and an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered.
EXPLANATION
Section 672.1(1) of the Criminal Code of Canada is a definition section that clarifies the meaning of the term 'accused' in the context of Part XX.1 of the Criminal Code. This section is critical to the fair and just application of the law as it ensures that defendants who are subject to summary conviction proceedings or a verdict of not criminally responsible on account of mental disorder are afforded the same legal protections and considerations as those charged with a criminal offense. The term 'accused' generally refers to a person who has been charged with an offense and is facing prosecution. In the context of Part XX.1 of the Criminal Code, which deals with mental disorder defenses, the term 'accused' includes individuals who are not criminally responsible for their actions due to a mental disorder. This means that defendants who have been found to have committed an offense but are not responsible for such acts due to mental illness are still considered 'accused' under the law. This definition ensures that defendants with mental illnesses are not discriminated against in the legal system and are entitled to the same fundamental rights and protections as those who are not experiencing mental health issues. It also reinforces the key principle of legal equality, which is essential for a fair and just legal system. Therefore, section 672.1(1) is an essential provision in ensuring a fair and equitable legal process for all defendants in Canada.
COMMENTARY
Section 672.1(1) of the Criminal Code of Canada is an important provision that defines and clarifies the term accused" in relation to criminal proceedings in Canada. The Criminal Code of Canada is a federal law that codifies criminal offences and procedures in Canada. It is a crucial piece of legislation that outlines the rights of individuals accused of committing crimes, and establishes the procedures that must be followed by the courts and the law enforcement agencies in criminal cases. One of the key elements of the Criminal Code of Canada is the definition of the term accused". This term applies to individuals who are charged with criminal offences and are subject to prosecution by the state. The term is used throughout the Criminal Code of Canada to refer to individuals who are subject to criminal proceedings, and it is essential to understand its meaning in order to understand the legal rights and obligations of individuals facing criminal charges. Section 672.1(1) of the Criminal Code of Canada defines the term accused" in a broad and inclusive manner. The section states that the term accused" includes a defendant in summary conviction proceedings and an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered. This provision is significant because it expands the definition of accused" beyond individuals who are facing criminal charges in a traditional sense. It includes individuals who may be subject to different types of criminal proceedings, such as summary conviction proceedings, which are more streamlined versions of criminal trials that are used for less serious offences. Furthermore, the provision includes individuals who have been found not criminally responsible on account of mental disorder. This is an important and complex area of criminal law that involves individuals who have committed criminal acts but are deemed not criminally responsible due to mental illness or incapacity. By including individuals who have been found not criminally responsible on account of mental disorder, Section 672.1(1) ensures that they are afforded the same legal protections and rights as any other accused person. It is important to ensure that individuals who are deemed not criminally responsible due to mental illness are not unfairly stigmatized or discriminated against, and that they receive appropriate treatment and support. Overall, Section 672.1(1) of the Criminal Code of Canada provides an important definition of the term accused" in relation to criminal proceedings in Canada. This provision ensures that individuals who are subject to criminal proceedings, regardless of the specific circumstances of their case, are afforded the same legal protections and rights as any other accused person. It reflects the importance of protecting the legal rights and dignity of all individuals who come into contact with the criminal justice system.
STRATEGY
Section 672.1(1) of the Criminal Code of Canada defines the term "accused" for the purpose of the Part XX.1 proceedings related to the mental disorder. The section specifies that the definition includes a person who is facing summary conviction proceedings or has been declared not criminally responsible on account of mental disorder. The inclusion of the term "accused" in Section 672.1(1) has significant strategic implications for both the prosecution and defense in the mental disorder proceedings. The following are some strategic considerations and possible strategies that could be employed by both parties: For the Prosecution: 1. Identification of Potential Mental Disorder: In cases where the prosecution is aware of the existence of a mental disorder, they may consider a strategy to unveil evidence of the accused's mental condition before the trial. This is important because it allows for adequate planning and preparation to prosecute, particularly when the accused is diagnosed with a mental disorder such as schizophrenia or bipolar disorder. The prosecution may consider getting a psychiatric evaluation of the accused or consulting any available medical records. 2. Choosing Summary Conviction Proceedings: In some cases, the prosecution may opt for summary conviction proceedings rather than a trial on indictment. This strategy might be employed when the crime is relatively minor, and the prosecution believes that a psychiatric assessment of the accused would reveal a potential mental disorder. If successful, the accused may be sentenced to a different program that better addresses their mental disorder rather than being subject to punishment. 3. Reducing the Stigma of Mental Disorder: In high-profile cases, where the accused may be stigmatized due to the nature of their mental disorder, the prosecution may consider negotiating a plea deal that includes a Section 672.1(1) diagnosis and seeking a lighter sentence. This helps to dispel prejudicial attitudes towards mental illness among the public and reduce the stigma attached to it. For the Defense: 1. Identifying the Right Course of Action: Defense counsel should consider the circumstances of the case and determine whether a Section 672.1(1) diagnosis is the right course of action. A NCR verdict might have far-reaching consequences on the accused's life, including commitment to a psychiatric facility, limitations on travel, and compulsory treatment. In some cases, pleading guilty and seeking a suspended sentence or probation might be more appropriate. 2. Seeking an Independent Assessment: The defense lawyer may seek an independent mental health assessment of their client to corroborate or dispute the prosecution's diagnosis. The lawyer may engage the services of a forensic psychiatrist or psychologist to conduct the assessment, and the expert's testimony may be used in the trial to establish whether the accused has a mental disorder and the level of criminal responsibility. 3. Making Use of Diversion Programs: Since a diagnosis under Section 672.1(1) might lead to reduced consequences for the accused, the defense counsel could consider diversion programs for their client that addresses their mental disorder instead of incarceration. This might include mental health counseling or substance abuse treatment programs that allow the accused to avoid a criminal record. Conclusion Section 672.1(1) of the Criminal Code of Canada is a vital part of the legal framework that has significant strategic implications for mental disorder proceedings. Both the prosecution and defense lawyers must be aware of its implications when handling cases that involve the diagnosis and treatment of mental disorders related to criminal activity. By carefully considering the best strategy for the accused's case, both parties can work towards a just outcome that considers the individual's clinical and legal needs.