INTRODUCTION AND BRIEF DESCRIPTION
If court does not hold hearing, it must send all transcripts, documents, information, and exhibits to relevant Review Board after verdict.
SECTION WORDING
672.45(1.1) If the court does not hold a hearing under subsection (1), it shall send without delay, following the verdict, in original or copied form, any transcript of the court proceedings in respect of the accused, any other document or information related to the proceedings, and all exhibits filed with it, to the Review Board that has jurisdiction in respect of the matter, if the transcript, document, information or exhibits are in its possession.
EXPLANATION
Section 672.45(1) of the Criminal Code of Canada pertains to the transfer of legal documents and information related to a court proceeding to the appropriate Review Board in a timely manner. In cases where a hearing under subsection (1) is not held, as determined by the court, the court is required to send any relevant documents, transcripts of the court proceedings, and exhibits filed with it to the Review Board that has jurisdiction over the matter. This section is important in the criminal justice system as it ensures that the Review Board has access to all relevant information related to a case in order to make informed decisions and assessments pertaining to the individual accused. The Review Board is responsible for overseeing the placement, treatment, and discharge of individuals who are found to be not criminally responsible, unfit to stand trial, or subject to a finding of high-risk accused, and therefore requires all relevant information in order to make these decisions. By transferring legal documents and information related to a court proceeding in a timely manner to the appropriate Review Board, this section helps to promote fairness, transparency, and accountability in the criminal justice system. It ensures that all relevant parties have access to the same information, and that individuals who require special considerations or oversight are appropriately assessed and managed. Ultimately, this section helps to ensure that justice is served in a fair and equitable manner.
COMMENTARY
Section 672.45(1) of the Canadian Criminal Code deals with the procedure that must be followed by the court once a verdict has been reached in a criminal trial. Specifically, subsection (1.1) requires that if the court does not hold a hearing under subsection (1), it must send any transcript of the court proceedings, as well as all other documents and exhibits related to the case, to the Review Board that has jurisdiction over the matter. The purpose of this section of the Criminal Code is to ensure that the Review Board has all the necessary information and evidence to make informed decisions about the disposition of a mentally disordered accused after they have been found not criminally responsible due to mental illness. By providing the Review Board with a complete record of the court proceedings, as well as any other relevant documents or exhibits, the Board can better understand the circumstances of the case and make an appropriate decision regarding the accused's treatment and supervision. The importance of this section cannot be overstated. Mental illness is a complex issue that requires the careful consideration of all available evidence in order to make informed decisions about treatment and supervision. Without access to the full record of the court proceedings, the Review Board would be unable to properly assess the situation and make decisions that are in the best interests of both the accused and the community. Moreover, this section of the Criminal Code helps to ensure that the Review Board is independent and able to make decisions based solely on the evidence before it. By requiring the court to provide all relevant information to the Review Board, there is less risk of bias or influence from outside parties, which could compromise the integrity of the decision-making process. In conclusion, Section 672.45(1) of the Criminal Code of Canada is a crucial provision that helps to ensure that the Review Board has access to all the information and evidence necessary to make informed decisions about the treatment and supervision of mentally disordered accused. By providing a complete record of the court proceedings, as well as any other relevant documents or exhibits, this section helps to promote transparency, accountability, and fairness in the justice system.
STRATEGY
Section 672.45(1) of the Criminal Code of Canada requires the court to send any relevant documents and exhibits to the Review Board that has jurisdiction over a matter if it doesn't hold a hearing under subsection (1). This section is significant as it implies that all information related to the accused's proceedings must be made accessible to the Review Board. Strategic considerations for lawyers during this process include ensuring that all relevant documents and exhibits are available throughout the proceedings to guarantee that they can be produced if required by the Review Board. Additionally, it is crucial to confirm that the documents won't be lost or mislaid, as this could delay the process and reduce the legal team's credibility. One strategy that could be employed includes incorporating electronic document management systems in the law firm's operations. This approach would ensure that all relevant documents and exhibits are available for the legal team to access during a trial. Additionally, it ensures that the information can be located easily and securely. Another strategy could be to hire an administrative assistant to help manage the documents and exhibits throughout the trial. This individual would ensure that they are correctly processed, organized, and filed in reputable storage locations, which guarantees the information's safety. This approach could also help save lawyers time, as they would not have to handle the documentation. Lawyers could also opt to use artificial intelligence (AI) and machine learning (ML) technologies to help manage the documents and exhibits. These technologies assist in structuring, storing, and categorizing data, which makes it easier to access and utilize the information for future purposes, such as when required by the Review Board. Finally, it would be prudent to note that all strategies employed should be in compliance with the relevant legal and ethical frameworks. It is crucial to ensure that the strategies employed maintain the privacy of the accused throughout the process. In conclusion, complying with section 672.45(1) of the Criminal Code of Canada requires lawyers to be strategic and careful in their management of documents and exhibits related to the accused's proceedings. Lawyers could incorporate electronic document management systems, hire administrative assistants, or use AI and ML technologies to manage the documents and exhibits easily. Nonetheless, all strategies employed should comply with legal and ethical frameworks that maintain the accused's privacy.