INTRODUCTION AND BRIEF DESCRIPTION
The Review Board must provide notice to all affected parties if recommending an inquiry to the court.
SECTION WORDING
672.851(2) If the Review Board makes a recommendation to the court to hold an inquiry, the Review Board shall provide notice to the accused, the prosecutor and any party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused.
EXPLANATION
Section 672.851(2) of the Criminal Code of Canada outlines the procedures that the Review Board follows when making recommendations to the court to hold an inquiry. The Review Board is responsible for monitoring individuals who have been found not criminally responsible for a crime due to a mental disorder or unfit to stand trial. This section requires the Review Board to provide notice to the accused, the prosecutor, and any other party who has a substantial interest in protecting the interests of the accused when making a recommendation to hold an inquiry. The purpose of this notice is to ensure that all relevant parties are informed of the Review Board's recommendation and have the opportunity to respond to it. The accused must be notified to ensure that they are aware of the recommendation and can prepare a response if necessary. The prosecutor must also be notified as they may have information or evidence that is relevant to the inquiry. Finally, any other party who has a substantial interest in protecting the interests of the accused, such as a family member or advocate, must also be notified to ensure that their perspective is taken into account. Overall, this section of the Criminal Code of Canada is intended to promote transparency and fairness when the Review Board makes recommendations to hold an inquiry. By providing notice to all relevant parties, the Review Board can ensure that the inquiry is conducted in a way that considers all relevant information and perspectives. This helps to promote a just and equitable outcome for all parties involved.
COMMENTARY
Section 672.851(2) of the Criminal Code of Canada plays a significant role in ensuring that all parties involved in a criminal case are treated fairly and their rights are protected. The section requires the Review Board to notify the accused, prosecutor, and any party with a substantial interest in protecting the interests of the accused before making a recommendation to the court to hold an inquiry. The primary purpose of this section is to promote transparency in the decision-making process for the Review Board and to ensure that all parties have an opportunity to provide input and be heard. The notification requirement helps to ensure that there are no surprises in the decision-making process and that all parties have a chance to prepare for an inquiry. This is particularly important when assessing the potential risk of an accused who has been found not criminally responsible. The Review Board's notification obligation promotes the principles of natural justice and procedural fairness, which are an essential component of our legal system. These principles ensure that a person is entitled to a fair hearing before a decision that affects their rights or interests is made. The section also recognizes the rights of the accused and provides an opportunity for them to provide their perspective. It is important to note that a party with a substantial interest in protecting the interests of the accused is given notice, which reflects the importance of the rehabilitation of the accused. The section also acknowledges that an inquiry can have a significant impact on the accused and their families, and therefore, it is critical that they are given notice beforehand. It is also important to note that the section can be interpreted broadly to include any party with an interest in protecting the accused, such as a mental health professional, social worker, or family member. Moreover, the notification requirement under Section 672.851(2) further emphasizes the importance of communication and collaboration among parties involved in legal matters. This requirement ensures that each party is given an opportunity to express their opinions and that they have an input in decisions. The requirement also fosters transparency and trust between all involved in the proceedings. Overall, Section 672.851(2) plays a vital role in promoting fairness and transparency in the criminal justice system. It ensures that all parties have an opportunity to be notified of the Review Board's recommendation and can adequately prepare for an inquiry. Furthermore, the section acknowledges the importance of the interests of the accused, their families, and any party who has an interest in protecting them. This Section is a landmark in the Canadian Justice system that promotes transparency and fairness for all in the legal process.
STRATEGY
Section 672.851(2) of the Criminal Code of Canada is a crucial part of the legal process for anyone dealing with an inquiry into their mental capacity. Understanding the strategic considerations involved with this section can help parties better navigate the process. One primary strategic consideration for individuals facing an inquiry is to ensure that the Review Board is provided with accurate and complete information regarding their circumstances. This means preparing a compelling case that takes into account all of the relevant details of the individual's medical history, current mental and emotional state, and other relevant circumstances. Failing to provide this information can result in an unfair outcome and potentially limit the individual's ability to present a defense. Another strategic consideration is to engage qualified legal counsel, particularly those with experience in mental health law. Experience with these types of inquiries ensures that the accused will receive the best possible representation, as well as counsel on how to address any potential challenges or objections that may arise during the course of the inquiry. A third strategic consideration is to proactively engage with the Review Board as early as possible in the process. This means making every effort to communicate clearly and respectfully with the Review Board and all other parties involved in the inquiry. This approach can help to build trust and respect, which can ultimately lead to a more positive outcome for the accused. Strategies that could be employed by parties dealing with Section 672.851(2) include prioritizing transparent and effective communication with the Review Board, ensuring that the accused party has access to qualified legal counsel, and assembling a comprehensive case supporting the individual's desired outcome. One possible strategy for assembling a strong case may include gathering expert psychological testimony from healthcare practitioners with specific experience in the relevant field. Overall, dealing with Section 672.851(2) of the Criminal Code of Canada requires careful consideration of the various strategic options available to all parties involved. By approaching the process proactively and with the assistance of qualified legal representation, individuals facing an inquiry into their mental state can better navigate the legal process and achieve a favorable outcome.