INTRODUCTION AND BRIEF DESCRIPTION
The Review Board must consider public safety, treatment needs, offender consent, submissions and assessments, and other relevant factors when making a placement decision.
SECTION WORDING
672.68(3) In making a placement decision, the Review Board shall take into consideration (a) the need to protect the public from dangerous persons; (b) the treatment needs of the offender and the availability of suitable treatment resources to address those needs; (c) whether the offender would consent to or is a suitable candidate for treatment; (d) any submissions made to the Review Board by the offender or any other party to the proceedings and any assessment report submitted in writing to the Review Board; and (e) any other factors that the Review Board considers relevant.
EXPLANATION
Section 672.68(3) of the Criminal Code of Canada outlines the factors that must be taken into consideration by the Review Board when making a placement decision. The Review Board is responsible for determining the appropriate placement for offenders who have been found not criminally responsible on account of a mental disorder or unfit to stand trial. This section is crucial because it ensures that the placement decision is made in a fair and just manner, taking into consideration various factors to ensure that the public is protected and the offender's treatment needs are addressed. Firstly, the need to protect the public from dangerous persons is of utmost importance. The Review Board must consider whether the offender poses a risk to the community and take steps to ensure that the public is protected. This can include placing the offender in a secure facility or implementing other measures to manage the offender's risk. Secondly, the treatment needs of the offender and the availability of suitable treatment resources must be considered. The Review Board must determine what kind of treatment the offender requires and whether there are appropriate resources available to provide this treatment. This helps to ensure that the offender receives the appropriate level of care and support needed to address their illness. Thirdly, the Review Board must consider whether the offender would consent to or is a suitable candidate for treatment. If the offender is not willing or able to participate in treatment, this must be taken into consideration when making the placement decision. Fourthly, any submissions made by the offender or other parties to the proceedings and any assessment reports submitted in writing to the Review Board must be considered. This ensures that all relevant information is taken into account when making the placement decision. Finally, any other factors that the Review Board considers relevant must be taken into consideration. This provides the Review Board with the flexibility to consider other factors that may be relevant in a particular case. Overall, Section 672.68(3) helps to ensure that the placement decision made by the Review Board is fair and just, taking into account the various factors that are important in managing the care and treatment of offenders who have been found not criminally responsible on account of a mental disorder or unfit to stand trial.
COMMENTARY
Section 672.68(3) of the Criminal Code of Canada outlines the factors that the Review Board must consider when making a placement decision for an offender found not criminally responsible or unfit to stand trial due to mental illness. These factors play a crucial role in ensuring public safety while balancing the rehabilitation and treatment needs of the offender. The first factor, the need to protect the public from dangerous persons, is perhaps the most important consideration in the placement decision. It speaks to the fundamental duty of the criminal justice system to ensure that society is safe from harm. The Review Board must assess the risk of harm posed by the offender and take steps to minimize that risk, including placing the offender in a secure facility or imposing strict conditions on their release into the community. The second factor, the treatment needs of the offender and the availability of suitable treatment resources to address those needs, recognizes the importance of addressing the underlying mental illness that contributed to the offense. This factor is crucial in ensuring that the offender receives the care they need to become well and capable of reintegrating into society. It is important to note, however, that the availability of suitable treatment resources may vary depending on the location of the offender and the nature of their mental illness. The third factor, whether the offender would consent to or is a suitable candidate for treatment, acknowledges the individualized nature of mental health treatment and the need for the offender to be willing and capable of participating in the prescribed program or treatment. If the offender is not a suitable candidate for treatment or is unwilling to participate, alternative placements that prioritize public safety may be necessary. The fourth factor, any submissions made to the Review Board by the offender or any other party to the proceedings and any assessment report submitted in writing to the Review Board, is critical in ensuring that all relevant information is considered before making a decision. The Review Board must weigh the evidence presented and carefully consider the perspectives and opinions of those involved in the case. Finally, the fifth factor, any other factors that the Review Board considers relevant, provides flexibility to the Review Board to consider any additional factors that may be relevant to a particular case. This factor allows for nuance and individualized decision-making and ensures that all aspects of the case are given proper consideration. In summary, Section 672.68(3) of the Criminal Code of Canada ensures that the placement decision for an offender found not criminally responsible or unfit to stand trial due to mental illness is made with careful consideration and prioritizes public safety while balancing the rehabilitation and treatment needs of the offender. By weighing all relevant factors, the Review Board can make a decision that is both fair and just for all parties involved.
STRATEGY
When dealing with section 672.68(3) of the Criminal Code of Canada, several strategic considerations should be taken into account. Some strategies that could be employed include: 1. Developing a comprehensive understanding of the offender: To make an informed placement decision, it is crucial to understand the offender and their behavior. Collecting information about their mental state, history of violence, and potential triggers can help make a more informed placement decision. 2. Identifying suitable treatment resources: A major consideration of the Review Board is the availability of suitable treatment resources to address an offender's needs. Identifying and establishing suitable treatment resources within the community is important in making informed placement decisions. 3. Focusing on public safety: Public safety is a primary consideration when dealing with placement decisions. It is essential to balance the need to protect the public with the need to provide treatment and support for offenders. 4. Building a strong case: Submissions made to the Review Board and any assessment reports must be comprehensive to provide a more concrete case for a placement decision. 5. Establishing consent: An offender's consent for treatment is a consideration in placement decisions. Establishing consent and understanding willingness to participate is essential. 6. Seeking input from relevant stakeholders: Seeking input and opinions from relevant stakeholders, including mental health professionals, police, community leaders, and the victim's families, can help balance the necessary considerations in making an informed placement decision. Strategies that can be employed vary depending on the specific situation and offender in question. However, a common theme of promoting the safety of the public and addressing the offender's treatment needs should be present in all strategies.