An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts (S.C. 2005, c. 22)

Assented to 2005-05-19

Marginal note:1995, c. 39, s. 154; 1996, c. 19, s. 73; 1999, c. 33, s. 346; 2001, c. 41, s. 32

 The schedule to Part XX.1 of the Act, as enacted by section 4 of chapter 43 of the Statutes of Canada, 1991, is repealed.

Marginal note:2002, c. 13, s. 63

 Paragraph (b) of the definition “sentence” in section 673 of the Act is replaced by the following:

  • (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1), 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

 The heading before section 747 and sections 747 to 747.8 of the Act, as enacted by section 6 of chapter 22 of the Statutes of Canada, 1995, are repealed.

Marginal note:1991, c. 43, s. 8; 1995, c. 22, s. 10 (Sch. I, s. 36)

 Form 48 in Part XXVIII of the Act is replaced by the following:

FORM 48

(Section 672.13)

ASSESSMENT ORDER OF THE COURT

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ...., may be necessary to determine Footnote *

  • [ ] whether the accused is unfit to stand trial

  • [ ] whether the accused suffered from a mental disorder so as to exempt the accused from criminal responsibility by virtue of subsection 16(1) of the Criminal Code at the time of the act or omission charged against the accused

  • [ ] whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, if the accused is a female person charged with an offence arising out of the death of her newly-born child

  • [ ] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, the appropriate disposition to be made in respect of the accused pursuant to section 672.54 or 672.58 of the Criminal Code

  • [ ] if a verdict of unfit to stand trial has been rendered in respect of the accused, whether the court should order a stay of proceedings under section 672.851 of the Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of .................... days.

This order is to be in force for a total of ............... days, including travelling time, during which time the accused is to remain Footnote *

  • [ ] in custody at (place where accused is to be detained)

  • [ ] out of custody, on the following conditions:

(set out conditions, if applicable)

Dated this ............... day of ............... A.D. ....., at ............... .

........................................
(Signature of justice or judge or clerk of the court, as the case may be)

FORM 48.1

(Section 672.13)

ASSESSMENT ORDER OF THE REVIEW BOARD

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ...., may be necessary to Footnote *

  • [ ] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, make a disposition under section 672.54 of the Criminal Code

  • [ ] if a verdict of unfit to stand trial has been rendered in respect of the accused, determine whether the Review Board should make a recommendation to the court that has ju­risdiction in respect of the offence charged against the accused to hold an inquiry to determine whether a stay of proceedings should be ordered in accordance with section 672.851 of the Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of .................... days.

This order is to be in force for a total of ............... days, including travelling time, during which time the accused is to remain Footnote *

  • [ ] in custody at (place where accused is to be detained)

  • [ ] out of custody, on the following conditions:

(set out conditions, if applicable)

Dated this ............... day of ............... A.D. ....., at ............... .

....................................
(Signature of Chairperson of the Review Board)