INTRODUCTION AND BRIEF DESCRIPTION

If a disposition hearing does not result in a decision, any existing order for release or detention of an accused continues until the Review Board makes a disposition.

SECTION WORDING

672.46(1) Where the court does not make a disposition in respect of the accused at a disposition hearing, any order for the interim release or detention of the accused or any appearance notice, promise to appear, summons, undertaking or recognizance in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.

EXPLANATION

Section 672.46(1) of the Criminal Code of Canada addresses the situation where an accused individual is found not criminally responsible on account of a mental disorder or unfit to stand trial. In Canada, when a person is charged with a criminal offence, they may be held in custody or released on bail until their trial. If they are found guilty, a sentence is imposed. However, in cases where the accused is found not criminally responsible on account of a mental disorder, or unfit to stand trial, a different process is required. When a verdict of not criminally responsible on account of a mental disorder or unfit to stand trial is rendered, the court must hold a disposition hearing to determine what should be done with the accused. At this hearing, the court may make various orders, such as ordering the individual to receive treatment in a mental health facility, imposing conditions on their liberty, or releasing them back into the community. However, if the court does not make any disposition at the hearing, any orders for the individual's interim release or detention, or any appearance notices, promises to appear, summonses, undertakings, or recognizances that were in force at the time of the verdict remain in effect until the Review Board makes a disposition. This means that the accused may be subject to the same conditions of release or detention as before the verdict until a decision is made by the Review Board. In summary, Section 672.46(1) ensures that an accused individual is not left without any legal status or protection in the interim period between the verdict and the Review Board's disposition hearing. By continuing to enforce existing orders, the section aims to balance the rights and needs of the accused with the public's safety and security.

COMMENTARY

Section 672.46(1) of the Canadian Criminal Code governs the disposition of individuals found not criminally responsible on account of mental disorder or unfit to stand trial. This section states that in cases where the court does not make a disposition in respect of the accused at a disposition hearing, any orders for interim release or detention, or any appearance notices, promises to appear, summonses, undertakings, or recognizances in respect of the accused that are already in force continue to be in force until the Review Board makes a disposition. This provision is important because it ensures that there is a smooth transition in the management of individuals who have been found not criminally responsible on account of mental disorder or unfit to stand trial. When an accused is found not criminally responsible, it means that they committed the crime, but they were unable to appreciate the nature and quality of their actions or that it was wrong due to mental illness or disorder. When an accused is found unfit to stand trial, it means that they are unable to understand the nature of the proceedings or to communicate with their lawyer. In such cases, the court has the responsibility to determine what disposition should be made in reference to the accused. The disposition could involve mandatory treatment in a hospital setting, community treatment orders, conditional release, or absolute discharge. If the court fails to make a disposition, then Section 672.46(1) ensures that the accused remains under the terms of the order which was already in force prior to the verdict. This could include conditions for interim release, such as reporting to a designated police station, abstinence from drugs and alcohol, or staying away from certain individuals or areas. The continuation of orders under Section 672.46(1) until the Review Board makes a disposition is significant as it ensures that the accused is not left without any form of supervision or support. The Review Board's responsibility is to determine the level of risk the person poses to the public, and this could involve continued hospitalization or treatment. This is a significant responsibility, and the continuation of orders ensures that the accused remains under some level of court supervision until the Review Board can make an informed decision. In conclusion, Section 672.46(1) of the Criminal Code of Canada is an essential provision that ensures that individuals found not criminally responsible on account of mental disorder or unfit to stand trial continue to be managed under a court order until the Review Board makes a disposition. This provision is critical in ensuring public safety and providing continuity of care for those who require it. The provision underscores the legal system's commitment to protecting public safety, while also recognizing the needs of individuals with mental illness and disorders who may require treatment and support. Consequently, it is a legal framework that is worthy of continued support.

STRATEGY

Section 672.46(1) of the Criminal Code of Canada outlines the legal requirements for the interim release or detention of an individual who has been found not criminally responsible on account of mental disorder or unfit to stand trial. The section specifies that any existing orders for interim release or detention, as well as appearance notices, promises to appear, summons, undertakings or recognizance, will remain in force until a Review Board makes a disposition. There are several strategic considerations that come into play when dealing with this section of the Criminal Code. For example, it is important to consider the potential impact of the disposition hearing, as the Review Board may decide to impose additional conditions or restrictions on the individual's release. It is also important to consider the timing of the disposition hearing, as any existing orders or conditions may need to be extended or revised if the hearing is delayed. One strategy that can be employed when dealing with this section of the Criminal Code is to proactively seek out additional information or evidence that may be relevant to the disposition hearing. This may include obtaining medical or psychiatric reports, speaking with witnesses or family members, or conducting additional investigations. By gathering as much information as possible, it may be possible to present a more compelling case to the Review Board, and to secure a more favourable disposition. Another strategy that can be employed is to work closely with legal counsel to develop a comprehensive plan for the disposition hearing. This may involve identifying potential weaknesses in the Crown's case, developing a strategy for presenting evidence or calling witnesses, and anticipating potential objections or challenges from the opposing counsel. By working closely with legal counsel, it may be possible to increase the chances of a successful outcome at the disposition hearing. Finally, it is important to communicate clearly and effectively with the individual who is subject to the orders or conditions. This may involve explaining the legal requirements in plain language, providing regular updates on the status of the case, and answering any questions or concerns that arise. By building a strong rapport with the individual, it may be possible to reduce the risk of non-compliance with the orders or conditions. In conclusion, strategic considerations when dealing with section 672.46(1) of the Criminal Code of Canada include gathering as much information as possible, working closely with legal counsel, and communicating effectively with the individual subject to the orders or conditions. By employing these strategies, it may be possible to secure a more favourable outcome at the disposition hearing, and to ensure compliance with any existing orders or conditions.