INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the actions a Review Board must take when an accused person is being transferred to another province.
SECTION WORDING
672.86(3) Where an accused is being transferred in accordance with subsection (2.1), the Review Board of the province from which the accused is being transferred shall, by order, (a) direct that the accused be taken into custody and transferred pursuant to a warrant under subsection (2); or (b) direct that the accused attend at a specified place in Canada, subject to any conditions that the Review Board of the province to or from which the accused is being transferred considers appropriate.
EXPLANATION
Section 672.86(3) of the Criminal Code of Canada concerns the transfer of an accused person who has been found unfit to stand trial or not criminally responsible due to mental disorder. Subsection (2.1) provides the conditions under which such a transfer may be made from one province to another. This section specifies that the Review Board of the province from which the accused is being transferred must issue an order directing either a) that the accused be taken into custody and transferred pursuant to a warrant, or b) that the accused attend a specified place in Canada subject to conditions deemed appropriate by the Review Board. The purpose of this directive is to ensure that the accused person's movements are monitored and controlled during the transfer process to prevent any potential harm during transit. The decision to issue either a warrant or attendance order will depend upon factors such as the nature of the crime, the distance to be traveled, and the mental health status of the accused person. The directive also underlines the authority of the Review Board over the transfer process, as it has the final say regarding appropriate conditions for the transfer of the accused person. Overall, this section of the Criminal Code emphasizes the importance of ensuring the safe and secure transfer of an accused person who has been found unfit to stand trial or not criminally responsible due to mental disorder, while also acknowledging the authority of the Review Board over the transfer process.
COMMENTARY
Section 672.86(3) of the Criminal Code of Canada outlines the procedures that must be followed when an accused is being transferred from one province to another. The section aims to ensure that such transfers are conducted in a safe and lawful manner while also taking appropriate measures to protect society and the accused. The section outlines two options for the Review Board of the province from where the accused is being transferred. The first option involves the Board directing that the accused be taken into custody and transferred pursuant to a warrant under subsection (2). This essentially means that the accused will be taken into custody by law enforcement officials and transferred to the new province under strict conditions. These conditions can include anything from the type of transportation used to the level of security required during the transfer. The aim of these conditions is to ensure that the accused does not pose a risk to themselves or society during the transfer. The second option outlined in the section involves the Board directing that the accused attends at a specified place in Canada, subject to any conditions that the Review Board of the province to or from which the accused is being transferred considers appropriate. This option may be considered in situations where the accused is not deemed to be a high risk to themselves or society. The conditions that may be imposed in such situations can vary widely depending on the circumstances of the case and can range from strict curfews to banishing the accused from certain areas. Overall, section 672.86(3) reflects the importance placed on ensuring the safe and lawful transfer of accused individuals from one province to another. The section recognizes the importance of protecting both society and the accused during such transfers and provides the tools necessary to achieve this goal. The section also recognizes that each transfer is unique and that the measures imposed must be tailored to the specific circumstances in order to be effective. Ultimately, this section serves to promote the principles of justice and fairness by ensuring that all accused individuals are treated in a just and humane manner, regardless of where they may be in Canada.
STRATEGY
Section 672.86(3) of the Criminal Code of Canada is a crucial aspect of the legal process when dealing with accused persons being transferred between provinces. The section allows for the Review Board of the province from which the accused is being transferred to direct their custody or attend at a specified place in Canada, subject to conditions. Strategic considerations when dealing with this section of the Criminal Code of Canada are vast and varied, and depend largely on the circumstance in question. However, some common strategies can be employed to ensure the best outcomes for all parties involved. One strategy that could be employed is to ensure that the accused has access to a qualified and experienced legal representative who can argue their case before the Review Board. This may involve seeking the services of a criminal defence lawyer or other legal professional with experience in dealing with such cases. By arguing the case effectively, the accused may be able to secure a more favourable outcome that allows them to attend at a specified place in Canada, subject to reasonable conditions. Another strategy that could be employed is to engage with the Review Board early in the process and build a strong rapport with its members. This may involve supplying the Review Board with all relevant information, including medical records, past convictions, and any other documentation that might inform their decision. By working closely with the Review Board, it may be possible to build trust and demonstrate that the accused is not a risk to society. A further strategy that may be employed is to carefully consider the conditions that are being imposed on the accused. While conditions are a necessary part of ensuring public safety, they can also be overly restrictive and punitive. By working with the Review Board to develop reasonable conditions that allow the accused to maintain their dignity and reduce the risk of recidivism, it may be possible to secure a better outcome. In conclusion, section 672.86(3) of the Criminal Code of Canada is a crucial aspect of the legal process when dealing with accused persons being transferred between provinces. Strategic considerations when dealing with this section are dependent on the circumstance in question. However, possible strategies that can be employed include engaging with the Review Board early in the process, building a strong rapport with its members, ensuring the accused has access to a qualified legal representative, and carefully considering the conditions imposed upon the accused. Employing these strategies can help secure a more favourable outcome for the accused while protecting public safety.