Criminal Code of Canada - section 672.851(1) - Recommendation by Review Board

section 672.851(1)

INTRODUCTION AND BRIEF DESCRIPTION

The Review Board may recommend an inquiry to determine whether to hold a stay of proceedings for an accused found unfit to stand trial if they are unlikely to ever become fit and do not pose a significant threat to public safety.

SECTION WORDING

672.851(1) The Review Board may, of its own motion, make a recommendation to the court that has jurisdiction in respect of the offence charged against an accused found unfit to stand trial to hold an inquiry to determine whether a stay of proceedings should be ordered if (a) the Review Board has held a hearing under section 672.81 or 672.82 in respect of the accused; and (b) 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), the Review Board is of the opinion that (i) the accused remains unfit to stand trial and is not likely to ever become fit to stand trial, and (ii) the accused does not pose a significant threat to the safety of the public.

EXPLANATION

Section 672.851(1) of the Criminal Code of Canada is a provision that empowers the Review Board to recommend to the court to hold an inquiry to determine whether a stay of proceedings should be ordered for an accused found unfit to stand trial. The Review Board is an independent administrative tribunal responsible for making decisions about individuals who have been found unfit to stand trial due to mental illness or disorder. In order for the Review Board to make such a recommendation, two conditions must be met. First, the Review Board must have held a hearing under section 672.81 or 672.82 in respect of the accused. Second, based on any relevant information, such as disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), the Review Board must be of the opinion that the accused remains unfit to stand trial and is not likely to ever become fit to stand trial, and that the accused does not pose a significant threat to the safety of the public. If these conditions are met, the Review Board may, of its own motion, make a recommendation to the court that has jurisdiction in respect of the offence charged against the accused, to hold an inquiry to determine whether a stay of proceedings should be ordered. A stay of proceedings is a legal term that means a court has decided to stop or suspend legal proceedings indefinitely or until a future date. In the context of an accused found unfit to stand trial, a stay of proceedings may be ordered if the court finds that the accused is not likely to ever become fit to stand trial, and that the accused does not pose a significant threat to the safety of the public. Overall, section 672.851(1) of the Criminal Code of Canada provides a mechanism for the Review Board to recommend to the court to hold an inquiry to determine whether a stay of proceedings should be ordered for an accused found unfit to stand trial who does not pose a significant threat to public safety and is not likely to ever become fit to stand trial.

COMMENTARY

Section 672.851(1) of the Criminal Code of Canada allows for the Review Board to make a recommendation to the court to order an inquiry to determine whether a stay of proceedings should be ordered for an accused who has been found unfit to stand trial. This section applies only if the Review Board has held a hearing regarding the accused and determined that they are still unfit to stand trial and will not become fit in the future. Additionally, the Board must decide that the accused does not pose a significant threat to the safety of the public. The purpose of this section is to ensure that individuals who are deemed unfit to stand trial and do not pose a significant risk to society are not subjected to ongoing legal proceedings. It provides an avenue for the justice system to recognize that some individuals may never be able to stand trial and that it is not fair or just to continue the legal process indefinitely. It also recognizes that individuals who do not pose a threat to society do not need to be subjected to ongoing legal proceedings. In some cases, an accused individual may be deemed unfit to stand trial due to a mental illness or disability. These individuals may not be capable of understanding the legal process or the charges against them. Without this section of the Criminal Code, these individuals could potentially be subjected to ongoing legal proceedings, which could be detrimental to their mental health and well-being. However, it is important to note that the Review Board must carefully consider all relevant information before making a recommendation to the court. This includes information about the accused individual's mental health, any past criminal activity, and their potential risk to society if released. The Board must be satisfied that the accused individual does not pose a significant threat to society before making a recommendation to the court. In conclusion, section 672.851(1) of the Criminal Code of Canada provides an important safeguard for individuals who are deemed unfit to stand trial and do not pose a significant threat to society. It ensures that these individuals are not subjected to ongoing legal proceedings, which could be detrimental to their mental health and well-being. However, it is essential that the Review Board carefully considers all relevant information before making a recommendation to the court. The safety of society and the mental health of the accused must be carefully balanced when making a decision about whether to stay proceedings.

STRATEGY

The section 672.851(1) of the Criminal Code of Canada is a critical provision that empowers the Review Board to recommend to the court whether a stay of proceedings should be ordered for a defendant who is found unfit to stand trial. The provision is based on the premise that not all defendants who are unfit to stand trial pose a significant risk to the public, and that it is in the best interest of justice to explore alternative measures to resolve their cases. Some of the strategic considerations when dealing with this provision include the following: 1. Understanding the law: It is important to have a firm grasp of the legal principles and procedures guiding the application of section 672.851(1) of the Criminal Code of Canada. This includes understanding the criteria for assessing a defendant's fitness to stand trial, the role of the Review Board, and the conditions for recommending a stay of proceedings. 2. Collecting relevant information: To make an informed recommendation under this provision, the Review Board must have access to all relevant information about the defendant's condition, criminal history, and overall risk. This requires careful preparation, including the collection of medical records, assessment reports, and other relevant documents. 3. Balancing public safety and individual rights: One of the main challenges of dealing with defendants who are unfit to stand trial is balancing the need to protect the public and the defendant's rights to a fair trial. A comprehensive risk assessment should factor in the defendant's mental health, past behavior, and potential for rehabilitation. 4. Collaborating with stakeholders: In many cases, effective management of defendants who are unfit to stand trial requires collaboration among various stakeholders, including medical and legal professionals, community organizations, and law enforcement agencies. This may involve sharing information, coordinating services, and developing strategies that address the defendant's specific needs and risks. Some strategies that could be employed when dealing with section 672.851(1) of the Criminal Code of Canada include the following: 1. Establishing specialized units: Some jurisdictions have established specialized units that are dedicated to managing defendants who are unfit to stand trial. These units may include mental health professionals, lawyers, and probation officers who work together to assess the defendant's condition, develop treatment plans, and monitor compliance. 2. Offering alternative dispositions: In cases where the defendant poses a low risk to public safety, it may be appropriate to explore alternative dispositions such as diversion, community service, or treatment. This approach can help avoid lengthy court proceedings and promote better outcomes for the defendant. 3. Using technology: Advances in technology offer new opportunities for managing defendants who are unfit to stand trial. For example, telehealth services can be used to provide remote assessments, counseling, and treatment. Electronic monitoring can be used to ensure compliance with court orders and promote public safety. 4. Focusing on prevention: Effective management of defendants who are unfit to stand trial involves a proactive approach to prevention. This includes investing in mental health services, promoting community engagement, and addressing social determinants of health that can increase the risk of mental illness. In conclusion, section 672.851(1) of the Criminal Code of Canada offers a valuable tool for managing defendants who are unfit to stand trial. By adopting a strategic approach that emphasizes collaboration, risk assessment, and prevention, stakeholders can ensure that justice is served while also promoting public safety and individual well-being.