INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the extension of the time for holding a subsequent hearing if an accused has been found not criminally responsible for a serious personal injury offence and detention is deemed necessary for the extension period.
SECTION WORDING
672.81(1.2) Despite subsection (1), at the conclusion of a hearing under this section the Review Board may, after making a disposition, extend the time for holding a subsequent hearing under this section to a maximum of twenty-four months if (a) the accused has been found not criminally responsible for a serious personal injury offence; (b) the accused is subject to a disposition made under paragraph 672.54(c); and (c) the Review Board is satisfied on the basis of any relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), that the condition of the accused is not likely to improve and that detention remains necessary for the period of the extension.
EXPLANATION
Section 672.81(1.2) of the Criminal Code of Canada allows the Review Board to extend the period of time between hearings for persons who have been found not criminally responsible for a serious personal injury offence and are subject to a disposition made under paragraph 672.54(c). The extension can last for a maximum of 24 months if the Review Board is satisfied that the person's condition is not likely to improve, and detention remains necessary for the duration of the extension. This provision acknowledges that some individuals who have been found not criminally responsible require ongoing treatment and supervision to manage their mental illness or disorder and reduce the risk of recidivism. The extension of the hearing period ensures that the person receives appropriate and ongoing care. It is important to note that the decision to extend the hearing period is not taken lightly and requires a thorough assessment of the individual's condition and risk level. The Review Board must consider all relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a). This provision balances the need to protect public safety with the individual's right to receive appropriate care and treatment.
COMMENTARY
Section 672.81(1.2) of the Criminal Code of Canada allows the Review Board to extend the time for holding a subsequent hearing to a maximum of twenty-four months if certain conditions are met. This provision applies specifically to individuals who have been found not criminally responsible for a serious personal injury offence and are subject to a disposition made under paragraph 672.54(c). The Review Board must also be satisfied that the individual's condition is not likely to improve and that detention remains necessary for the period of the extension. This provision in the Criminal Code is important as it seeks to balance the need for public safety with the rights of individuals who have been found not criminally responsible due to mental illness. These individuals may require ongoing treatment and supervision as part of their disposition, and the Review Board is responsible for ensuring that appropriate measures are in place to mitigate the risk of harm to the public. The extension of the time for holding a subsequent hearing allows for flexibility in the review process, which can be beneficial for individuals whose condition may require ongoing treatment and monitoring. It also allows for a more individualized approach to the review process, recognizing that not all individuals will respond to treatment in the same way and that some may require longer periods of detention for public safety reasons. However, it is important to note that this provision should not be used as a means of indefinite detention. The Review Board must be satisfied that the individual's condition is not likely to improve and that continued detention is necessary, and this assessment should be based on current and relevant information, including assessments and reports. The Review Board must also ensure that the least restrictive measures are being used to achieve the objectives of the disposition, and that the individual's rights under the Canadian Charter of Rights and Freedoms are being respected. In summary, Section 672.81(1.2) of the Criminal Code of Canada serves an important role in the review process for individuals who have been found not criminally responsible for a serious personal injury offence. It allows for flexibility and an individualized approach while balancing public safety concerns with the rights of the individual. However, it is important that the provision is not used as a means of indefinite detention and that the review process is based on current and relevant information.
STRATEGY
Section 672.81(1.2) of the Criminal Code of Canada provides the Review Board with the authority to extend the time for holding a subsequent hearing for an accused who has been found not criminally responsible for a serious personal injury offence. There are several strategic considerations that should be taken into account by legal representatives when dealing with this section of the Criminal Code. One important consideration is the potential impact of an extension on the client's rights and liberty interests. A maximum extension of 24 months may significantly delay the client's release from detention, which could have serious consequences on their personal and professional life. Given the potential impact of such an extension, the legal representative should carefully evaluate the strength of the evidence supporting the need for detention, as well as any mitigating factors that may weigh against such an extension. Another important strategic consideration is the role of expert evidence in the hearing. Given that the Review Board must be satisfied that the condition of the accused is not likely to improve and that detention remains necessary for the period of the extension, it is essential for legal representatives to rely on expert testimony to demonstrate that the accused poses a significant risk to public safety. This could include reports from mental health experts, psychiatrists, or psychologists who have assessed the client's condition and determined that they pose a risk to themselves or others if they were to be released. A third important consideration is the impact of the decision on the client's future mental health treatment and availability of services. Given the potential impact of a decision to extend detention, the legal representative should work closely with the client's treatment team to ensure that they continue to receive appropriate care and treatment during their stay in detention. This could include advocating for specific treatment programs or services that may be necessary for the client's recovery and working to ensure that they have access to these services during their stay in detention. Finally, legal representatives should consider potential alternatives to a detention order. For example, in some cases, it may be possible to secure a conditional discharge that imposes certain conditions or restrictions on the accused's release. Alternatively, it may be possible to secure a transfer to a less restrictive facility, such as a community rehabilitation center, which could provide the client with greater access to treatment services and reduce their overall risk to public safety. Overall, lawyers representing clients facing a potential extension of detention under Section 672.81(1.2) of the Criminal Code of Canada must carefully evaluate the strength of the evidence supporting the need for detention, rely on expert testimony to demonstrate the risk posed by the client if they are released, ensure the client's continued access to mental health treatment and services, and explore potential alternatives to a detention order.