INTRODUCTION AND BRIEF DESCRIPTION
If a stay of proceedings is ordered, all dispositions made in respect of the accused cease to have effect; otherwise, the unfit finding and any dispositions remain in force until a disposition hearing is held by the Review Board.
SECTION WORDING
672.851(9) If a stay of proceedings is ordered by the court, any disposition made in respect of the accused ceases to have effect. If a stay of proceedings is not ordered, the finding of unfit to stand trial and any disposition made in respect of the accused remain in force, until the Review Board holds a disposition hearing and makes a disposition in respect of the accused under section 672.83.
EXPLANATION
Section 672.851(9) of the Criminal Code of Canada sets forth the consequences that follow when a court orders a stay of proceedings in respect of an accused person. If such a stay is ordered, any previous decisions or actions taken against the accused, including any dispositions, are invalidated and no longer have any effect. In other words, the accused is effectively released from any obligations or restrictions previously placed upon them by the courts. However, if a stay of proceedings is not ordered, then any previous finding of unfitness to stand trial, as well as any dispositions made in respect of the accused, remain in effect until a disposition hearing is held by the Review Board and a new decision is made. This is because an accused person who has been found unfit to stand trial is still considered to be a danger to themselves or others and may require ongoing monitoring and/or treatment. In summary, the purpose of section 672.851(9) is to ensure that the rights and interests of an accused person are protected while also ensuring that the safety and well-being of the public are taken into consideration. The language used in this section emphasizes the importance of clear and decisive judicial decisions when dealing with individuals who may pose a risk to themselves or others.
COMMENTARY
Section 672.851(9) of the Criminal Code of Canada regulates the legal implications of a stay of proceedings being ordered by the court. When a stay of proceedings is ordered, any disposition made in respect of the accused no longer has any effect. The opposite can be said if a stay of proceedings is not ordered, where the finding of unfit to stand trial and any disposition made in respect of the accused remain in force until the Review Board makes a disposition under Section 672.83. In general, a stay of proceedings is a legal order that suspends or stops a legal action from proceeding. In criminal law, a stay of proceedings can be ordered when there is a significant breach of the accused's rights, or when the prosecution's case is weak or has failed to properly disclose evidence. Section 672.851(9) outlines the specific consequences of such an order being made in relation to the disposition of the accused. When a stay of proceedings is ordered, any previous disposition made in respect of the accused is deemed to be null and void. This means that any sentencing or other legal actions arising from the accused's case are also nullified. The reason behind this is that the stay of proceedings effectively halts the legal action against the accused, and so any previous legal actions taken against them can no longer have any legal effect. On the other hand, if a stay of proceedings is not ordered, the finding of the accused's unfitness to stand trial and any disposition made in respect of them remain in force until a disposition hearing is held by the Review Board. This is significant because it means that the accused is still subject to the conditions established in their previous disposition, such as mandatory treatment or restrictions on their movements. However, this can also be considered problematic, as it maintains a legal distinction between the accused and other individuals who have not been accused or convicted of a crime. Overall, Section 672.851(9) of the Criminal Code of Canada provides an important framework for dealing with the legal implications of a stay of proceedings in criminal cases. It ensures that the disposition of the accused is aligned with the legal actions taken against them, while also ensuring that the legal system maintains accountability. However, it also points to a limitation in the existing legal framework, where an individual can be legally subject to conditions arising from a criminal charge even if the charges themselves have been temporarily or permanently stayed.
STRATEGY
Section 672.851(9) of the Criminal Code of Canada is an important aspect of the criminal justice system in Canada. It deals with the consequences of a finding of "unfit to stand trial". This means that an accused person may not be able to understand the nature of the proceedings against them or to make a defence due to a mental disorder. When dealing with this section of the Criminal Code, there are several important strategic considerations. One of the main considerations is to ensure that the interests of the accused person are protected and that they receive the necessary treatment and support for their mental health condition. One strategy that could be employed in dealing with this section of the Criminal Code is to work with mental health professionals in order to evaluate the accused person and determine the best way to support them. This may involve arranging for treatment or medication to help manage their mental health condition, or it may involve arranging for them to receive mental health counselling or therapy. Another strategy that could be employed is to work with the courts and the Review Board to ensure that the accused person is not unfairly prejudiced by a finding of "unfit to stand trial". This may involve advocating for the accused person's rights and interests, and working to ensure that they receive a fair hearing before the Review Board. Another important consideration is to ensure that the accused person's interests are protected throughout the entire process, including any potential appeals or other legal challenges that may arise from the case. This may involve working with lawyers or legal experts in order to navigate the complex legal system and ensure that the accused person is treated fairly and with respect. Overall, there are many strategic considerations when dealing with section 672.851(9) of the Criminal Code of Canada. By working closely with mental health professionals, lawyers, and the courts, it is possible to navigate this complex process and ensure that the interests of the accused person are protected at all times.