INTRODUCTION AND BRIEF DESCRIPTION
This section requires a court to send a transcript, documents, information, and exhibits related to a disposition hearing to the Review Board.
SECTION WORDING
672.52(2) If a court holds a disposition hearing under subsection 672.45(1), whether or not it makes a disposition, it shall send without delay to the Review Board that has jurisdiction in respect of the matter, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession.
EXPLANATION
Section 672.52(2) of the Criminal Code of Canada pertains to the proceedings that take place during a disposition hearing under subsection 672.45(1) of the same code. A disposition hearing is a legal proceeding that takes place when an individual has been found not criminally responsible on account of a mental disorder. The purpose of a disposition hearing is to determine the appropriate course of action that should be taken with respect to the individual. Under subsection 672.52(2), the court is required to send a transcript of the disposition hearing, any related documents or information, and all exhibits that were filed with the court to the Review Board that has jurisdiction over the matter. The court doesn't have the discretion to withhold this information from the Review Board - all relevant information must be sent without delay. The reason for this requirement is to ensure that the Review Board has access to all relevant information when making decisions about the disposition of the individual. The Review Board is responsible for monitoring and supervising individuals who have been found not criminally responsible on account of a mental disorder, so having access to all pertinent information is critical in order to make informed decisions. Overall, section 672.52(2) is an important provision in ensuring that individuals who have been found not criminally responsible on account of a mental disorder are monitored and supervised appropriately by the Review Board. It supports the principle of providing individuals with the necessary support and treatment to facilitate their recovery and achieve the objectives of public safety.
COMMENTARY
Section 672.52(2) of the Criminal Code of Canada is an important provision that outlines the obligations of the court in relation to disposition hearings in cases involving mentally ill offenders. The provision requires the court to send a transcript of the disposition hearing, any related documents and information, and all exhibits filed with it to the Review Board that has jurisdiction over the matter. The provision serves several important purposes. Firstly, it ensures that the Review Board has access to all the relevant information and evidence relating to the case. This is crucial in allowing the Board to make an informed decision about the appropriate disposition in the case, and to monitor the progress of the offender's treatment and supervision. Secondly, the provision promotes transparency and accountability in the criminal justice system. By requiring the court to provide a transcript of the disposition hearing to the Review Board, the provision allows for an objective record of the proceedings to be maintained. This can be important in cases where there may be disputes or challenges to the court's decision. Finally, the provision helps to ensure that the rights of mentally ill offenders are protected. By providing the Review Board with all the relevant information and evidence, the provision allows the Board to carefully consider the nature and extent of the offender's mental illness, and to tailor the disposition to meet the offender's individual needs and circumstances. This can be crucial in cases where there may be competing considerations, such as protecting the public, providing appropriate treatment and support to the offender, and upholding the principles of proportionality and fairness in sentencing. In conclusion, Section 672.52(2) of the Criminal Code of Canada is an important provision that serves to promote transparency, accountability, and the protection of the rights of mentally ill offenders in the criminal justice system. By ensuring that the Review Board has access to all the relevant information and evidence, the provision helps to ensure that the appropriate disposition is made in each case, and that the offender's needs and circumstances are carefully considered in the decision-making process.
STRATEGY
Section 672.52(2) of the Criminal Code of Canada requires a court to send a transcript of the disposition hearing, any related documents or information, and all exhibits filed with the court, to the Review Board that has jurisdiction over the matter. This section has significant importance in the criminal justice system, particularly when dealing with individuals who have been found not criminally responsible on account of mental disorder (NCRMD) or unfit to stand trial for mental reasons. One strategic consideration when dealing with this section is to ensure that all necessary documents and information are presented to the court during the disposition hearing. This includes psychiatric reports, treatment plans, and other evidence related to the individual's mental health. It is important to present a full and comprehensive picture of the individual's mental health to assist in determining the appropriate disposition. Another strategic consideration is to carefully review the transcript of the hearing before it is sent to the Review Board. This will allow the legal team to identify any errors or inaccuracies that may affect the disposition or subsequent review. It is important to ensure that the Review Board has accurate and complete information when making decisions related to the individual's mental health and public safety. Strategies that could be employed include advocating for the individual's needs and rights during the disposition hearing. This may involve arguing for specific treatment options or advocating for a less restrictive disposition. It may also involve challenging evidence presented by the prosecution or other parties that may unfairly impact the disposition. Another strategy is to engage with the Review Board throughout the process to ensure that the individual's needs and interests are being considered. This can involve submitting additional evidence or information to the Review Board, attending review hearings, and advocating for any necessary changes to the disposition. Overall, strategic considerations when dealing with section 672.52(2) of the Criminal Code of Canada involve ensuring that all necessary information is presented during the disposition hearing and carefully reviewing the transcript to identify any errors or inaccuracies. Strategies such as advocating for the individual's needs and rights, engaging with the Review Board, and challenging evidence presented by other parties can also be employed to achieve a fair and appropriate disposition.