INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term party in relation to proceedings of a court or Review Board to make or review a disposition.
SECTION WORDING
672.1(1) In this part, "party", in relation to proceedings of a court or Review Board to make or review a disposition, means (a) the accused, (b) the person in charge of the hospital where the accused is detained or is to attend pursuant to an assessment order or a disposition, (c) an Attorney General designated by the court or Review Board under subsection 672.5(3), (d) any interested person designated by the court or Review Board under subsection 672.5(4), or (e) where the disposition is to be made by a court, the prosecutor of the charge against the accused.
EXPLANATION
Section 672.1(1) of the Criminal Code of Canada provides a definition of the term party" in relation to court or Review Board proceedings for making or reviewing a disposition. A disposition, in this context, refers to a decision or order made by the court or Review Board regarding the detention or treatment of a person who has been found not criminally responsible on account of mental disorder or unfit to stand trial. According to this section, a party" may include the accused, the person in charge of the hospital where the accused is being detained or receiving treatment, an Attorney General designated by the court or Review Board, any interested person designated by the court or Review Board, or the prosecutor of the charge against the accused where the disposition is being made by a court. This section is important because it provides clarity and guidance on who can participate in the proceedings related to making or reviewing a disposition for a mentally disordered accused person. The inclusion of interested persons designated by the court or Review Board allows for individuals with relevant expertise or knowledge to be involved in the decision-making process. The designation of an Attorney General also allows for representation of the broader public interest in the disposition decision. In summary, Section 672.1(1) ensures that the appropriate parties are included in the proceedings and that the decision-making process is fair and transparent for all involved.
COMMENTARY
Section 672.1(1) of the Criminal Code of Canada provides a definition for the term "party" in relation to proceedings of a court or Review Board to make or review a disposition. The definition is important because it outlines the individuals and organizations who have a direct interest in the court process and are entitled to participate in it. The first party identified in this section is the accused, which is a term used to refer to the person who has been charged with an offense. The accused has a direct interest in the proceedings, as the outcome of the case will directly affect their freedom and liberties. The second party identified in the section is the person in charge of the hospital where the accused is detained or is to attend pursuant to an assessment order or a disposition. This party has a direct interest in the proceedings because they are responsible for the care and treatment of the accused, and the court process may have an impact on the accused's mental health and well-being. The third party identified in the section is an Attorney General designated by the court or Review Board under subsection 672.5(3). This party is responsible for representing the government's interests in the proceedings. They have a direct interest in the proceedings because the outcome of the case may have an impact on the government's ability to enforce the law and maintain social order. The fourth party identified in the section is any interested person designated by the court or Review Board under subsection 672.5(4). This party may include family members of the accused, victims of the offense, or other individuals who have a direct interest in the proceedings. This party has a direct interest in the proceedings because the outcome of the case may have an impact on their lives. Finally, where the disposition is to be made by a court, the prosecutor of the charge against the accused is considered a party. The prosecutor has a direct interest in the proceedings because they are responsible for representing the interests of society and ensuring that justice is served. Overall, the definition of "party" provided in Section 672.1(1) of the Criminal Code of Canada is comprehensive and inclusive. It ensures that all parties with a direct interest in the proceedings are identified and given the opportunity to participate in the court process. By providing a clear definition of who can be considered a party, this section helps ensure that the rights of all individuals and organizations are respected and protected throughout the court process.
STRATEGY
Section 672.1(1) of the Criminal Code of Canada outlines the parties involved in proceedings to make or review a disposition in cases involving mentally ill accused persons. This section highlights the importance of strategic considerations when dealing with mentally ill accused persons, as it provides a basis for determining who has a stake in the proceedings. One of the primary strategic considerations is to ensure that all parties' interests are considered during the disposition process. This is particularly important for accused persons who may be unable to adequately represent themselves due to mental illness. Defense counsel should work to ensure that their client's rights are protected and that they receive fair treatment throughout the process. This may include working with healthcare professionals to ensure that the accused receives proper treatment and that their mental health issues are addressed. Another key strategic consideration is determining who should be designated as a party to the proceedings. This decision will depend on the specific circumstances of the case and should be made with care. Designating the wrong parties could result in an unfair disposition, while leaving out relevant parties could prevent critical information from being considered. One strategy that could be employed is to work collaboratively with healthcare professionals to ensure that the accused person has access to appropriate treatment. This may involve working with a psychiatrist or other mental health professional to provide an assessment of the accused's mental state and to develop a treatment plan. Another strategy is to engage with interested parties such as family members or community organizations, who may have valuable information or insights into the accused person's mental health and treatment needs. These parties could be designated as interested persons under subsection 672.5(4) and could provide valuable input into the disposition process. Given the sensitive nature of mentally ill cases, it is crucial to ensure that proceedings are conducted with sensitivity and compassion. Defense counsel should work with other parties involved in proceedings to create an atmosphere of empathy and support for all parties involved. This may involve making accommodations for the accused person's mental health needs, such as providing a quiet space or ensuring that they have access to support resources. In conclusion, Section 672.1(1) of the Criminal Code of Canada highlights the importance of strategic considerations when dealing with mentally ill accused persons. While each case will be unique, strategies such as working collaboratively with healthcare professionals and engaging with interested parties can help to ensure that all relevant information is considered and that the accused person receives appropriate treatment. Ultimately, the goal should be to ensure that the accused's rights are protected and that they receive a fair and compassionate disposition.