INTRODUCTION AND BRIEF DESCRIPTION
The Review Board must make a placement decision within 30 days of receiving an application, unless an agreement is made with the Minister for a longer period not exceeding 60 days.
SECTION WORDING
672.68(4) The Review Board shall make its placement decision as soon as practicable but not later than thirty days after receiving an application from, or giving notice to, the Minister under subsection (2), unless the Review Board and the Minister agree to a longer period not exceeding sixty days.
EXPLANATION
Section 672.68(4) of the Criminal Code of Canada outlines the timeframe within which the Review Board must make a decision regarding the placement of an individual found not criminally responsible on account of mental disorder (NCRMD). When an application is made by the Minister or notice is given to the Minister under subsection (2), the Review Board is obligated to make its placement decision as soon as possible, but no later than 30 days. However, if the Board and the Minister agree to a longer period, the decision-making process can be extended to a maximum of 60 days. This section of the Criminal Code plays a crucial role in ensuring that individuals who have been found NCRMD receive appropriate placement following their criminal proceedings. The timeframe provided ensures that decisions are made in a timely manner, allowing for appropriate care and treatment to be administered as necessary. At the same time, the provision also acknowledges the complexity of the decision-making process, allowing for flexibility if the Review Board and the Minister require additional time to review all relevant information and make an informed decision. Overall, this section of the Criminal Code balances the need for timely decision-making with the importance of careful consideration and assessment when determining the placement of individuals found NCRMD.
COMMENTARY
Section 672.68(4) of the Criminal Code of Canada is a crucial provision that regulates the placement decision-making process for individuals who have been found not criminally responsible on account of mental disorder (NCRMD). This provision states that the Review Board shall make its placement decision as soon as practicable but not later than thirty days after receiving an application from, or giving notice to the Minister under subsection (2), unless the Review Board and the Minister agree to a longer period not exceeding sixty days. The placement decision determines where an NCRMD individual will be placed after being found not criminally responsible for a criminal offense. The decision-making process is a crucial aspect of the overall disposition of NCRMD offenders and ensures their appropriate treatment, care, and security. Given that untreated mental illness can result in dangerous and unpredictable behavior, the placement decision is essential to ensure public safety and the best interests and well-being of the offender. The thirty-day time limit placed on the Review Board under Section 672.68(4) offers legal certainty and clarity to the decision-making process and ensures expeditious decisions. The provision enables timely access to appropriate treatment and care facilities for NCRMD offenders, leading to better outcomes for both the offenders and the community. The time limit also reflects the need for an efficient and effective legal process that balances the competing interests involved: the interests of the offender, the community, and the broader purposes of the justice system. Delays may result in undue custody and confinement, which can exacerbate the offender's condition, increasing the likelihood of future harm to themselves or others. Furthermore, lengthy delays can cause significant stress and anxiety for both the NCRMD offender and their families, potentially impacting their overall well-being. However, the provision does allow for longer timelines of up to sixty days if the Review Board and the Minister agree to it. This provision recognizes that some cases may have complexities that require additional time for a considered decision. The longer timeline also provides flexibility and discretion for the decision-makers, enabling them to account for the unique circumstances of each case. In conclusion, Section 672.68(4) of the Criminal Code of Canada is an important provision that regulates the placement decision-making process for NCRMD individuals. The thirty-day time limit ensures timely processing and access to appropriate treatment and care facilities, protecting the interests and well-being of both the offender and the community. The provision strikes an appropriate balance between legal certainty and flexibility, recognizing the unique circumstances that may arise in individual cases.
STRATEGY
When dealing with Section 672.68(4) of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. These considerations include the timing of the placement decision, the nature of the decision-making process, and the potential consequences of the decision for the individual being reviewed. Additionally, there are several strategies that can be employed to ensure the most favorable outcome for all stakeholders involved. One key consideration is the timing of the placement decision. According to the law, the Review Board must make their decision within thirty days of receiving an application from the Minister or giving notice to the Minister under subsection (2). However, the Review Board can agree to a longer period of up to sixty days with the Minister. This timeline must be taken into account when developing a strategy, as delays may have significant consequences for the individual being reviewed. Another key consideration is the nature of the decision-making process. The Review Board is responsible for considering all the evidence presented to them and making a determination as to the most appropriate placement for the individual being reviewed. This process can be complex and time-consuming, requiring careful analysis of multiple factors, including the individual's history, current state of health, and potential risks to the community. When developing a strategy for dealing with Section 672.68(4), several strategies can be employed. One option is to engage legal counsel to represent the interests of the individual being reviewed. Legal counsel can provide guidance on the legal implications of each potential placement option, ensure that all relevant evidence is presented to the Review Board, and advocate for the most favorable outcome for the individual. Another option is to work closely with the Review Board to develop a clear understanding of the factors that will be considered in their decision-making process. This may involve presenting additional evidence or testimony that highlights the strengths or weaknesses of different placement options, as well as engaging in ongoing dialogue with the Review Board to ensure that all concerns are addressed. Finally, it may be beneficial to engage with mental health professionals, community members, and other stakeholders to develop a comprehensive plan for the individual's post-placement care and support. This can help to demonstrate to the Review Board that the individual has an effective support system in place and is unlikely to pose a risk to the community. In summary, when dealing with Section 672.68(4) of the Criminal Code of Canada, strategic considerations must be taken into account in order to achieve the most favorable outcome for all stakeholders involved. These considerations include the timing of the placement decision, the nature of the decision-making process, and the potential consequences of the decision for the individual being reviewed. Strategies that can be employed include engaging legal counsel, working closely with the Review Board, and engaging with mental health professionals and community members to develop a comprehensive support plan.