INTRODUCTION AND BRIEF DESCRIPTION
This section states that the Review Board of the province where an accused is transferred has exclusive jurisdiction over them and can exercise relevant powers and duties.
SECTION WORDING
672.88(1) The Review Board of the province to which an accused is transferred pursuant to section 672.86 has exclusive jurisdiction over the accused, and may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if that Review Board had made the disposition in respect of the accused.
EXPLANATION
Section 672.88(1) of the Criminal Code of Canada deals with the jurisdiction of Review Boards in the country. When an accused is transferred to another province pursuant to section 672.86, the Review Board of that province gains exclusive jurisdiction over the accused and can exercise its powers to perform the duties mentioned in sections 672.5 and 672.81 to 672.83. Section 672.5 deals with the criteria for granting or denying conditional release to the accused. It sets out various factors that the Review Board must consider when determining whether or not to release the accused from custody. These factors include the nature and gravity of the offense, the accused's criminal history, and the likelihood of the accused re-offending. Section 672.81 outlines the powers of the Review Board when it comes to mental disorder cases. The Board may order a hearing to determine whether the accused suffers from a mental disorder and whether that disorder was a factor in the commission of the offense. The Board can also make recommendations for treatment or rehabilitation programs. Section 672.82 deals with the power to discharge an accused from further custody. The Review Board may release the accused if it finds that the accused no longer poses a risk to society and that detention is no longer necessary for the protection of the public. Section 672.83 outlines the criteria for imposing a long-term supervision order. If the Board determines that the accused presents a risk to the public but can be managed with specific conditions, it may impose a long-term supervision order. Such an order would require the accused to abide by specific conditions and restrictions in the community, with the goal of preventing future criminal activity. Overall, section 672.88(1) essentially grants the Review Board in the province where the accused has been transferred, primary jurisdiction to exercise its powers to manage the accused's case, according to the appropriate sections of the Criminal Code of Canada. By doing so, it ensures that the relevant authorities, experts, and individuals are involved in the process in order to make the best possible decisions for public safety and the accused.
COMMENTARY
Section 672.88(1) of the Criminal Code of Canada deals with the jurisdiction of the Review Board in cases where the accused has been transferred to another province. The section is a crucial provision in the Canadian criminal justice system, as it clarifies the powers and duties of the Review Board in cases where the accused has been transferred. The section states that the Review Board of the province to which the accused is transferred has exclusive jurisdiction over the accused. This means that the Review Board of the new province is responsible for the management, supervision, and treatment of the accused, as well as making decisions about their release or detention. Furthermore, the Review Board of the new province has the power to exercise all the powers and duties of the Review Board that made the original disposition in respect of the accused. This includes the power to make decisions about the accused, including whether they should be detained, released, or subject to conditions, and the duty to review and monitor the accused's progress towards rehabilitation. The purpose of this section is to ensure that the accused is properly supervised and managed while in the custody of the new province. The Review Board must ensure that the accused receives appropriate treatment, support, and resources, to aid in their rehabilitation and reintegration back into society. Section 672.88(1) also ensures that the process of transferring an accused between provinces is seamless, and that the accused's treatment and rehabilitation are not disrupted by the transfer. The Review Board of the new province can pick up where the previous Review Board left off, maintaining the continuity and consistency of the accused's treatment and rehabilitation plan. Overall, Section 672.88(1) of the Criminal Code is an essential provision that ensures the effective management, supervision, and treatment of accused persons across provinces. It clarifies the powers and duties of the Review Board and ensures that the accused receives the necessary resources and support to aid their rehabilitation and reintegration into society.
STRATEGY
Section 672.88(1) of the Criminal Code of Canada sets out the jurisdiction of the Review Board of the province to which an accused has been transferred. The Review Board has exclusive jurisdiction over the accused and can exercise the powers and perform the duties as if it had made the disposition in respect of the accused. This section presents a number of strategic considerations when dealing with a case involving a transfer of an accused to another province. One strategic consideration is the choice of the province to which the accused will be transferred. Different provinces may have different laws, resources, and expertise when it comes to dealing with mental health issues and the criminal justice system. Therefore, the choice of the province can have a significant impact on the outcome of the case. Lawyers and defendants may want to conduct research on the various provinces and their Review Boards to find the one that best aligns with their strategy and goals. Another strategic consideration is the selection of the members of the Review Board. The Review Board is made up of a group of experts who are responsible for making decisions regarding the accused's mental health, risk to society, and treatment plan. Lawyers and defendants may want to research the members of the Review Board and their background and expertise. They may also want to consider whether they have particular biases or interests that may impact their decision-making process. Lawyers and defendants may want to advocate for the selection of particular members who are more likely to support their position or strategy. A third strategic consideration is the presentation of evidence to the Review Board. The Review Board is tasked with making decisions based on the evidence presented before them. Lawyers and defendants may want to carefully consider what evidence is presented, how it is presented, and the strength of the evidence. They may want to consult with experts, such as psychiatrists or psychologists, to obtain reports or testify at the Review Board hearing. Lawyers and defendants may also want to prepare witnesses who can speak to the accused's mental health or other relevant issues. In terms of strategies that could be employed when dealing with section 672.88(1), there are several options available. One strategy is to advocate for a specific province or Review Board member who is more likely to support the position of the defendant. Another strategy is to carefully craft and present evidence that will be persuasive to the Review Board, demonstrating the accused's mental health and the associated risks or benefits. A further strategy could be to negotiate with the Crown prosecutor or other parties involved to come to a favourable agreement or disposition. Overall, the strategic considerations when dealing with section 672.88(1) of the Criminal Code of Canada are numerous. The province to which the accused is transferred, the choice of Review Board members, and the presentation of evidence are all critical considerations that can have a significant impact on the outcome of the case. By carefully considering these factors and strategizing accordingly, lawyers and defendants can improve their chances of achieving a favourable outcome.