INTRODUCTION AND BRIEF DESCRIPTION
The court must ask the prosecutor or victim if they have been advised to prepare a statement before making a disposition for an offence with a verdict of not criminally responsible on account of mental disorder.
SECTION WORDING
672.5(15.2) The court or Review Board shall, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of an offence and before making a disposition under section 672.45 or 672.47, inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim has been advised of the opportunity to prepare a statement referred to in subsection (14).
EXPLANATION
Section 672.5(15.2) of the Criminal Code of Canada is a provision that requires the court or Review Board to inquire about whether a victim of an offence has been given the opportunity to prepare a statement before making a disposition under sections 672.45 or 672.47. When a verdict of not criminally responsible on account of mental disorder is rendered, the court or Review Board must make a decision on how to deal with the accused person. This may involve ordering the person to undergo treatment, releasing them, or detaining them in custody. Before making this decision, the court or Review Board must inquire whether the victim of the offence has been informed of their right to prepare a statement. This statement can be used to express the victim's views on the consequences of the offence and the recommended disposition. This provision ensures that victims are given a voice in the legal process and that their views are taken into account when making decisions on the accused person's disposition. It also provides an opportunity for victims to express how the offence has affected them and what measures they believe are necessary to prevent similar incidents from occurring in the future. Overall, this provision reflects Canada's commitment to providing meaningful protection to victims of crime while also ensuring that the rights of the accused are respected.
COMMENTARY
Section 672.5(15.2) of the Criminal Code of Canada is a provision that requires a court or Review Board to inquire about whether a victim of a crime was given an opportunity to prepare a statement in the event of a verdict of not criminally responsible on account of mental disorder. This subsection aims to ensure that victims of crime are given a voice within the justice system, even when the offender is found to be not criminally responsible due to a mental disorder. When an accused is found to be not criminally responsible for an offence committed due to a mental disorder, the court or Review Board has to make a disposition under section 672.45 or 672.47. These dispositions determine the appropriate course of action for the accused, which could include conditions for their release or detention in a psychiatric hospital. Before making a decision about the disposition, subsection 15.2 of section 672.5 requires the court or Review Board to ask whether the victim of the offence has been informed of the opportunity to prepare a statement. Victims of crime have been historically excluded from the criminal justice system in Canada. However, in recent years, there has been a growing recognition that victims of crime have a right to be heard and to receive information about the criminal justice process. This recognition has been reflected in amendments to the Canadian Criminal Code, including subsection 15.2 of section 672.5. The purpose of this subsection is to ensure that victims of crime are not forgotten when a verdict of not criminally responsible on account of mental disorder is rendered. The importance of this provision cannot be overstated. Victims of crime have a right to be heard, and their views should be taken into account when determining the appropriate course of action for an offender. By requiring the court or Review Board to ask whether the victim has been given an opportunity to prepare a statement, subsection 15.2 of section 672.5 ensures that victims are not overlooked and are given a chance to express their concerns about the impact of the offence on their lives. In conclusion, subsection 15.2 of section 672.5 of the Criminal Code of Canada is an important provision that recognizes the rights of victims of crime. It ensures that victims are informed about their right to prepare a statement when an accused is found not criminally responsible on account of mental disorder. This provision serves as an important step towards ensuring that the voices of victims are heard and their needs are taken into account when determining the appropriate course of action for offenders.
STRATEGY
Section 672.5(15.2) of the Criminal Code of Canada places a legal obligation on the court or Review Board to inquire whether the victim of an offence in which a verdict of not criminally responsible on account of mental disorder has been rendered has been advised of the opportunity to prepare a statement. The statement referred to in subsection (14) enables a victim of an offence to express how the offence has affected them and request that the court or Review Board consider their perspective when making a disposition under section 672.45 or 672.47. When advising victims of this opportunity, it is important to be mindful of their emotional state and provide them with the support they require while acknowledging the practical considerations of the trial process. One of the key strategic considerations of dealing with this section of the Criminal Code is the communication strategy. Victims need to be informed in a clear and accurate way. To that end, communication should be empathetic, supportive and informative. It should cover what the statement is, the potential impact of the statement, and how it will be presented. The victim must also be informed about the nature of the proceedings and what to expect if they decide to prepare a statement. In addition, the victim should be given a clear timeframe within which they need to prepare and submit the statement to ensure everyone knows what needs to happen. Victim support services can also play a crucial role in dealing with this section of the Criminal Code. Support services can offer a range of practical and emotional support, including referrals to specialist support agencies, such as counseling or legal representation. This approach can help alleviate some of the emotional burden on the victim while still ensuring that the statement represents their views and perspectives. To this end, there is a need for a comprehensive and coordinated victim support service in place to support victims in navigating the court system. Finally, when preparing the statement referred to in Subsection 14, strategic considerations should be considered in relation to what is included. The statement should be as concise and factual as possible, reflecting the victims' experience of the crime. It should also consider any evidence presented during the trial and how this evidence affects the victim's experience and thoughts. This will enable the court or Review Board to consider the full impact of the crime on the victim, which should be taken into account in the disposition of the case. Overall, there are several strategic considerations to consider when dealing with Section 672.5(15.2) of the Criminal Code of Canada. Victims must be approached in an empathetic and supportive manner, with clear and concise information provided to ensure they understand their options. Victim support services need to be in place to help navigate the court system, and when preparing the statement, it is important to consider what evidence is available and what impact the crime has had on the victim's life. By taking these strategic considerations into account, victims' perspectives can be incorporated into the disposition of the case, ultimately ensuring that justice is served and that victims are heard.