INTRODUCTION AND BRIEF DESCRIPTION

The court can only order a fitness assessment for an accused facing a summary conviction if they have raised the issue or there are reasonable grounds to doubt their fitness as determined by the prosecutor.

SECTION WORDING

672.12(2) Where the prosecutor applies for an assessment in order to determine whether the accused is unfit to stand trial for an offence that is prosecuted by way of summary conviction, the court may only order the assessment if (a) the accused raised the issue of fitness; or (b) the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is fit to stand trial.

EXPLANATION

Section 672.12(2) of the Criminal Code of Canada is an important provision that deals with situations where there is doubt about an accused's ability to stand trial for a summary conviction offense. In such cases, the prosecutor may apply for an assessment to determine whether the accused is fit to stand trial. However, the court can only order such an assessment if certain conditions are met. Firstly, the accused must have raised the issue of fitness. This means that if the accused has not expressed any concern about their ability to stand trial, then the court cannot order an assessment. Secondly, if the accused has not raised the issue of fitness, the prosecutor must satisfy the court that there are reasonable grounds to doubt the accused's ability to stand trial. The purpose of this provision is to ensure that individuals who are charged with summary conviction offenses are only ordered to undergo assessments when there is a genuine concern about their fitness to stand trial. This is because assessments can be invasive and time-consuming, and can delay the trial process. Therefore, the provision seeks to strike a balance between the rights of the accused and the efficient administration of justice. Overall, Section 672.12(2) is an important safeguard in the Canadian criminal justice system, which seeks to ensure that accused individuals are treated fairly and that justice is delivered efficiently.

COMMENTARY

Section 672.12(2) of the Criminal Code of Canada sets out the circumstances in which a court may order an assessment to determine whether an accused person is fit to stand trial for an offence that is being prosecuted by way of summary conviction. This section is an important safeguard to ensure that individuals who are not fit to stand trial are not unfairly subjected to the criminal process. The concept of fitness to stand trial refers to a person's ability to understand the nature of the criminal charges against them, the consequences of a conviction, and to be able to communicate effectively with their lawyer. In order to be found fit to stand trial, a person must be able to understand the court proceedings and participate in their defence. If a person is found to be unfit to stand trial, then their trial will be delayed until they are able to regain fitness. Under section 672.12(2)(a), an assessment may be ordered if the accused raises the issue of fitness. This provision recognizes that the accused is in the best position to know whether they are fit to stand trial. It also acknowledges that there may be circumstances where the accused's mental health or cognitive abilities may impact their ability to comprehend their situation and participate in their defence. Section 672.12(2)(b) allows the prosecutor to apply for an assessment if they have reasonable grounds to doubt the accused's fitness to stand trial. This provision gives the prosecutor an important role in protecting the integrity of the criminal process. If the prosecutor has reason to believe that the accused is not fit to stand trial, then it is in the best interest of all parties to ensure that the accused receives appropriate medical treatment to address their mental health or cognitive issues. In addition to protecting the rights of the accused, section 672.12(2) also serves to promote the efficient and effective operation of the criminal justice system. If a person who is not fit to stand trial is brought before the court, then the proceedings are likely to be delayed or disrupted. This can cause inconvenience and expense for all involved, including the Crown, the defence, and the court. Overall, Section 672.12(2) of the Criminal Code of Canada is a critical provision that safeguards the fairness and efficiency of the criminal justice system. By ensuring that individuals who are not fit to stand trial are identified and receive appropriate treatment, the provision helps to promote the integrity and legitimacy of the criminal justice process. It is an important reminder that the criminal law must always be applied with sensitivity and compassion towards individuals with mental health or cognitive issues.

STRATEGY

When dealing with Section 672.12(2) of the Criminal Code of Canada, there are several strategic considerations that defence counsel must take into account. In cases where the prosecutor is seeking an assessment to determine the defendant's fitness to stand trial for an offence prosecuted by way of summary conviction, it is important for defence counsel to understand the nuances of this section and the potential implications. Some of the strategic considerations include: 1. Whether to raise the issue of fitness: The first consideration is whether to raise the issue of fitness at all. According to the section, it is only when the accused raises the issue of fitness that the court can order an assessment. Defence counsel must decide whether there is sufficient evidence or grounds to make such a claim, or whether it may be strategically advantageous to do so. 2. Reasonable grounds to doubt fitness: The second consideration is related to the prosecutor proving that there are reasonable grounds to doubt the defendant's fitness. It is up to the prosecution to satisfy the court that such grounds exist, and defence counsel must be prepared to counter any such claim with evidence to the contrary. 3. Potential implications: If an assessment is ordered and the defendant is found unfit to stand trial, there are potential implications such as a stay of proceedings or having the case referred to the Mental Health Court. Defence counsel must be prepared to advise their client on the potential outcomes of this process and what avenues may be available. 4. Timing: Another strategic consideration is the timing of the assessment. Depending on the circumstances of the case, it may be advantageous to delay the assessment until later in the proceedings, when more evidence is available or when the accused may be in a better state of mind. 5. Expert witnesses: Finally, defence counsel must consider whether to call expert witnesses to provide evidence on the accused's fitness. Such experts may include psychiatrists, psychologists, or other mental health professionals who can provide insight into the accused's capacity to understand the charges against them and participate in their defence. Strategies for dealing with Section 672.12(2) may include: 1. Conducting a thorough investigation of the accused's mental health history, including any prior assessments or diagnoses. 2. Assessing the strength of the prosecution's evidence for doubting the accused's fitness. If there is little evidence to support their claim, defence counsel may be able to successfully challenge the assessment order. 3. Engaging the services of expert witnesses who can provide compelling evidence on the accused's mental state and capacity to stand trial. 4. Delaying the assessment until more evidence is available, or until the accused is in a better state of mind. 5. Preparing the accused for the assessment and ensuring they understand the process and potential outcomes. Overall, when dealing with Section 672.12(2) of the Criminal Code of Canada, defence counsel must carefully consider the implications and potential outcomes of the assessment process. By employing strategic tactics such as those outlined above, they can help ensure the best possible outcome for their client.