INTRODUCTION AND BRIEF DESCRIPTION
A Review Board must be established for each province to review dispositions for accused individuals found not criminally responsible by reason of mental disorder or unfit to stand trial.
SECTION WORDING
672.38(1) A Review Board shall be established or designated for each province to make or review dispositions concerning any accused in respect of whom a verdict of not criminally responsible by reason of mental disorder or unfit to stand trial is rendered, and shall consist of not fewer than five members appointed by the lieutenant governor in council of the province.
EXPLANATION
Section 672.38(1) of the Criminal Code of Canada outlines the necessity for the establishment or designation of a Review Board in each province. The purpose of the Review Board is to make or review dispositions regarding individuals who have been rendered not criminally responsible by reason of mental disorder or unfit to stand trial. The Review Board is responsible for determining the appropriate treatment and supervision required for the accused individual. This decision-making process involves a thorough assessment of the individual's mental health status and the risks they may pose to themselves or others. The Review Board must consist of at least five members who are appointed by the lieutenant governor in council of the respective province. These members must have the necessary qualifications and expertise to make informed decisions about mental health and the law. Overall, Section 672.38(1) of the Criminal Code of Canada plays a crucial role in promoting public safety and ensuring that individuals with mental health issues are treated fairly within the criminal justice system. The establishment of Review Boards helps to safeguard the rights of these individuals while also mitigating potential risks to society.
COMMENTARY
Section 672.38(1) of the Criminal Code of Canada deals with the establishment or designation of Review Boards for each province of Canada. This section is particularly concerned with making or reviewing dispositions concerning accused persons who have been found not criminally responsible by reason of mental disorder or unfit to stand trial. The purpose of this section is to ensure that there is a process in place to deal with accused individuals who suffer from mental illness or other mental disorders. The Review Boards are responsible for making decisions about the disposition of these individuals, which may include confinement in a psychiatric facility, supervision in the community, or conditional discharge. The inclusion of this section in the Criminal Code of Canada reflects the recognition by lawmakers that a significant number of individuals who come into contact with the criminal justice system are dealing with mental health issues. The Review Boards are in place to address the unique needs of these individuals and ensure that they receive appropriate care and treatment. In practical terms, the Review Boards are made up of at least five members appointed by the lieutenant governor in council of the province. These members may be psychiatrists, psychologists, social workers, or other mental health professionals with expertise in the assessment and treatment of mental health disorders. The Review Boards are required to make decisions that balance the need for public safety with the need for appropriate care and treatment for the accused. This can be a challenging task, as mental health issues can be complex and diverse. However, the Review Boards are guided by the principles of fairness, impartiality, and transparency in their decision-making process. Overall, Section 672.38(1) of the Criminal Code of Canada plays an essential role in ensuring that accused individuals who suffer from mental illness or other mental disorders receive appropriate care and treatment. By establishing a process for reviewing and making dispositions in these cases, the Review Boards help to promote public safety while also upholding the rights and dignity of accused individuals.
STRATEGY
Section 672.38(1) of the Criminal Code of Canada lays out the structure for the establishment or designation of a Review Board in each province. This board is responsible for making or reviewing all dispositions relating to individuals who have been found not criminally responsible by reason of mental disorder or unfit to stand trial. The strategic considerations for dealing with this section of the Criminal Code are significant and can impact the rights and outcomes of the accused. One strategic consideration when dealing with this section is the selection and appointment of members to the Review Board. The province's lieutenant governor in council is responsible for appointing individuals to the Board, and ensuring that it consists of at least five members. Strategically selecting these members involves appointing legal professionals who have a diverse set of expertise in assessing and treating mental health disorders. The board may also benefit from having members with expertise in criminology, psychology, and social work. Another strategic consideration when dealing with this section is the ability to collect, analyze, and apply data on mental health issues and the criminal justice system. Data can be used to inform policy decisions, design new programs and services, and establish effective communication protocols between mental health service providers and the criminal justice system. This data can also help the Review Board determine the appropriate disposition for individuals who have been found not criminally responsible by reason of mental disorder or unfit to stand trial. Strategies that could be employed when dealing with this section include collaborating with mental health organizations, legal professionals, and other stakeholders to identify critical gaps in the current mental health and criminal justice system. These collaborations could facilitate innovative approaches to assess whether individuals are fit to stand trial and whether they can be held criminally responsible. Furthermore, a greater understanding and awareness of mental health disorders could help reduce the stigma associated with mental illness. It is also essential to recognize the importance of ensuring that mental health care resources are widely available and accessible for individuals with mental health disorders. A lack of access to mental health care can lead to poorer health outcomes, including an increased chance of falling into the criminal justice system. Strategies to increase the capacity of the mental health care system and improve access to care can reduce the number of individuals who become entangled in the criminal justice system, which can have positive effects on public safety. In conclusion, Section 672.38(1) of the Criminal Code of Canada is a critical section that governs the establishment and operation of Review Boards in each province. Strategic considerations and strategies for dealing with this section include appointing appropriate members, collaborating with stakeholders, collecting and analyzing data to inform decision-making, and ensuring that mental health care is widely available and accessible. The use of evidence-based strategies can reduce the likelihood of people with mental health disorders entering the criminal justice system and promote better outcomes for both individuals with mental health disorders and the public.