Criminal Code of Canada - section 672.95

section 672.95

INTRODUCTION AND BRIEF DESCRIPTION

This section allows the Governor in Council to make regulations to carry out the purposes and provisions of Part XX.1 of the Criminal Code of Canada.

SECTION WORDING

672.95 The Governor in Council may make regulations (a) prescribing anything that may be prescribed under this Part; and (b) generally to carry out the purposes and provisions of this Part.

EXPLANATION

Section 672.95 of the Criminal Code of Canada empowers the Governor in Council to issue regulations that support and implement the provisions of the Act. The regulations can prescribe any item that may be required under Part XXIV of the Criminal Code, which deals with the review of the mental state of accused persons. Particular provisions of Part XXIV of the Criminal Code relate to issues such as the assessment of an accused's fitness to stand trial and their criminal responsibility. These sections may need further clarifications through regulations so that they can be more easily understood and applied by everyone involved in the administration of justice. Regulations issued under this section of the code will help ensure that Part XXIV is implemented in a uniform and consistent manner. The intent of this section is to guard against potential inconsistencies and gaps in the application of the law, which could lead to arbitrary or unfair treatment. In short, section 672.95 of the Criminal Code gives the Governor in Council the authority to make the rules that are required for the effective functioning of Canada's judicial system. It provides a mechanism to ensure that the law is applied in a fair, consistent and just manner, thereby fulfilling the essential purpose of any legal system.

COMMENTARY

Section 672.95 of the Canadian Criminal Code is the one that provides for the Governor in Council to make regulations that fill in the statutory gaps in Part XXII of the law. This Part regulates the rules and procedures for reform, detention, and supervision of offenders as they relate to the overall objective of protecting society while respecting the rights of the accused. The provision gives a broad mandate to the Governor in Council to create regulations that are necessary to carry out the purposes and provisions of Part XXII. The Governor in Council is a body that acts on behalf of the monarch, and in Canada, this means the Prime Minister and the Cabinet. Thus, the authority to create regulations under section 672.95 is vested in the Prime Minister and the Cabinet, typically on the recommendation of the Minister of Justice. The Governor in Council's power to create regulations is almost limitless and includes any matter that may be prescribed under Part XXII. Additionally, it can also make regulations that are designed to further the purposes and objectives of Part XXII. Part XXII of the Criminal Code of Canada is a significant component of the Canadian criminal justice system. It is designed to manage the after-effects of criminal behaviour and to ensure that the public is safe from offenders. In doing so, it must balance the rights of the accused with the need to protect the public. Given the complexity of this task, the Criminal Code of Canada provides considerable flexibility for the Governor in Council to regulate how offenders are managed in Canada. The fact that Parliament gives the Governor in Council power to legislate gives rise to some issues of accountability and transparency. This is because regulations lack the same level of scrutiny and legislative debate that is afforded to statutes. Instead, they may be created entirely behind closed doors and without the opportunity for public input. Additionally, regulations created under section 672.95 are subject to the same constitutional challenges as any other law, even though they may not receive the same level of public scrutiny. Notwithstanding these concerns, section 672.95 is an important provision that enables the government to create a legal framework that is effective in carrying out the objectives of Part XXII. The flexibility of the provision allows for rapid and efficient changes to be made whenever they are deemed necessary, especially in response to changing societal needs and new modes of offender management. Still, care must be taken to ensure that the regulations do not unduly infringe on the rights of the accused or operate counter to constitutional norms, such as the Charter of Rights and Freedoms. In conclusion, Section 672.95 is a crucial component of Part XXII of the Canadian Criminal Code. It empowers the Governor in Council to make regulations that will fill in gaps in the law and ensure that the objectives of the law are carried out. However, this power must be used judiciously to avoid encroaching on the rights of the accused and to ensure that regulations are subject to appropriate levels of public scrutiny.

STRATEGY

Section 672.95 of the Criminal Code of Canada empowers the Governor in Council to make regulations that are necessary to carry out the purposes and provisions of Part XX.1 of the Criminal Code. This provision establishes the legal framework for the detention, reintegration, and supervision of offenders who have been found not criminally responsible on account of mental disorder (NCRMD). This section of the Criminal Code provides the government with considerable discretionary power to develop policies and practices related to the management of NCRMD offenders. Therefore, several strategic considerations are significant when dealing with this section of the Criminal Code. The first strategic consideration is the need to balance public safety with offender rights. One of the primary objectives of Part XX.1 entails ensuring the protection of the public against offenders who have been found NCRMD. However, at the same time, the Criminal Code recognizes the rights and freedoms of NCRMD offenders, which are protected under the Canadian Charter of Rights and Freedoms. This creates a balancing act between public safety and offender rights. Hence, any policy or practice developed to implement this section must ensure that the rights of NCRMD offenders are protected while also safeguarding public safety. The second strategic consideration is the need for multi-disciplinary collaboration. The management of NCRMD offenders requires collaboration between multiple parties, including forensic psychiatrists, psychologists, social workers, nurses, correctional officers, and community organizations. Collaboration is necessary to ensure that offenders receive appropriate and timely treatment, and their progress is monitored to reduce the risk of reoffending. Collaboration also ensures that stakeholders are on the same page regarding their roles and responsibilities in managing NCRMD offenders. The third strategic consideration is the need to promote offender reintegration. While public safety is a significant concern necessitating the detention of NCRMD offenders, the ultimate goal is their reintegration into the community. There is a need to develop policies and practices that focus on offender rehabilitation, leading to their successful reintegration into the community. This will require the provision of appropriate treatment and services tailored to the need of each offender. Thus, the development of policies and practices that promote rehabilitation and reintegration should be a priority. Employing strategies that promote the strategic considerations mentioned above are essential when dealing with this section of the Criminal Code. One strategy is to adopt a risk-based approach to the management of NCRMD offenders. This would involve identifying and managing the risk factors associated with each offender, developing treatment and services plans that address their specific needs, and monitoring their progress. This approach would enable stakeholders to balance public safety with offender rights effectively. Another strategy is to increase collaboration between stakeholders. Ensuring that all stakeholders involved in NCRMD management are adequately coordinated will reduce the risk of information silos and ensure that risks associated with offenders are adequately addressed. This would involve regular forums and training programs for stakeholders to share information and ideas for best practices. Finally, strategies that promote offender rehabilitation and reintegration should be adopted. Providing adequate treatment and services tailored to an individual's needs, such as educational and vocational training, employment opportunities, and housing assistance, would ensure offenders can reintegrate into society successfully. This strategy would require the development of policies and practices that prioritize offender rehabilitation as a core objective of NCRMD management. In conclusion, the opportunity provided by Section 672.95 of the Criminal Code gives the government significant discretionary power to develop policies and practices related to the management of NCRMD offenders. However, careful consideration of the strategic considerations is essential when developing these policies and strategies. Adhering to strategies that ensure a balance between public safety and offender rights, promote multi-disciplinary collaboration, and prioritize offender rehabilitation are paramount when dealing with this section in the Criminal Code.