Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Power to Compel Appearance

Marginal note:Bringing accused before Review Board

 For the purpose of bringing the accused in respect of whom a hearing is to be held before the Review Board, including in circumstances in which the accused did not attend a previous hearing in contravention of a summons or warrant, the chairperson

  • (a) shall order the person having custody of the accused to bring the accused to the hearing at the time and place fixed for it; or

  • (b) may, if the accused is not in custody, issue a summons or warrant to compel the accused to appear at the hearing at the time and place fixed for it.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, ss. 32, 42(F).

Stay of Proceedings

Marginal note:Recommendation by Review Board
  •  (1) The Review Board may, of its own motion, make a recommendation to the court that has jurisdiction in respect of the offence charged against an accused found unfit to stand trial to hold an inquiry to determine whether a stay of proceedings should be ordered if

    • (a) the Review Board has held a hearing under section 672.81 or 672.82 in respect of the accused; and

    • (b) on the basis of any relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), the Review Board is of the opinion that

      • (i) the accused remains unfit to stand trial and is not likely to ever become fit to stand trial, and

      • (ii) the accused does not pose a significant threat to the safety of the public.

  • Marginal note:Notice

    (2) If the Review Board makes a recommendation to the court to hold an inquiry, the Review Board shall provide notice to the accused, the prosecutor and any party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused.

  • Marginal note:Inquiry

    (3) As soon as practicable after receiving the recommendation referred to in subsection (1), the court may hold an inquiry to determine whether a stay of proceedings should be ordered.

  • Marginal note:Court may act on own motion

    (4) A court may, of its own motion, conduct an inquiry to determine whether a stay of proceedings should be ordered if the court is of the opinion, on the basis of any relevant information, that

    • (a) the accused remains unfit to stand trial and is not likely to ever become fit to stand trial; and

    • (b) the accused does not pose a significant threat to the safety of the public.

  • Marginal note:Assessment order

    (5) If the court holds an inquiry under subsection (3) or (4), it shall order an assessment of the accused.

  • Marginal note:Application

    (6) Section 672.51 applies to an inquiry of the court under this section.

  • Marginal note:Stay

    (7) The court may, on completion of an inquiry under this section, order a stay of proceedings if it is satisfied

    • (a) on the basis of clear information, that the accused remains unfit to stand trial and is not likely to ever become fit to stand trial;

    • (b) that the accused does not pose a significant threat to the safety of the public; and

    • (c) that a stay is in the interests of the proper administration of justice.

  • Marginal note:Proper administration of justice

    (8) In order to determine whether a stay of proceedings is in the interests of the proper administration of justice, the court shall consider any submissions of the prosecutor, the accused and all other parties and the following factors:

    • (a) the nature and seriousness of the alleged offence;

    • (b) the salutary and deleterious effects of the order for a stay of proceedings, including any effect on public confidence in the administration of justice;

    • (c) the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 672.33 to decide whether sufficient evidence can be adduced to put the accused on trial; and

    • (d) any other factor that the court considers relevant.

  • Marginal note:Effect of stay

    (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.

  • 2005, c. 22, s. 33.
Marginal note:Appeal
  •  (1) The Court of Appeal may allow an appeal against an order made under subsection 672.851(7) for a stay of proceedings, if the Court of Appeal is of the opinion that the order is unreasonable or cannot be supported by the evidence.

  • Marginal note:Effect

    (2) If the Court of Appeal allows the appeal, it may set aside the order for a stay of proceedings and restore the finding that the accused is unfit to stand trial and the disposition made in respect of the accused.

  • 2005, c. 22, s. 33.

Interprovincial Transfers

Marginal note:Interprovincial transfers
  •  (1) An accused who is detained in custody or directed to attend at a hospital pursuant to a disposition made by a court or Review Board under paragraph 672.54(c) or a court under section 672.58 may be transferred to any other place in Canada where

    • (a) the Review Board of the province where the accused is detained or directed to attend recommends a transfer for the purpose of the reintegration of the accused into society or the recovery, treatment or custody of the accused; and

    • (b) the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent.

  • Marginal note:Transfer where accused in custody

    (2) Where an accused who is detained in custody is to be transferred, an officer authorized by the Attorney General of the province where the accused is being detained shall sign a warrant specifying the place in Canada to which the accused is to be transferred.

  • Marginal note:Transfer if accused not in custody

    (2.1) An accused who is not detained in custody may be transferred to any other place in Canada where

    • (a) the Review Board of the province from which the accused is being transferred recommends a transfer for the purpose of the reintegration of the accused into society or the recovery or treatment of the accused; and

    • (b) the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent.

  • Marginal note:Order

    (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.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 34.
Marginal note:Delivery and detention of accused

 A warrant described in subsection 672.86(2) is sufficient authority

  • (a) for any person who is responsible for the custody of an accused to have the accused taken into custody and conveyed to the person in charge of the place specified in the warrant; and

  • (b) for the person specified in the warrant to detain the accused in accordance with any disposition made in respect of the accused under paragraph 672.54(c).

  • 1991, c. 43, s. 4.
Marginal note:Review Board of receiving province
  •  (1) The Review Board of the prov-ince to which an accused is transferred under 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 672.84 as if that Review Board had made the disposition in respect of the accused.

  • Marginal note:Agreement

    (2) Notwithstanding subsection (1), the Attorney General of the province to which an accused is transferred may enter into an agreement subject to this Act with the Attorney General of the province from which the accused is transferred, enabling the Review Board of that province to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, in the circumstances and subject to the terms and conditions set out in the agreement.

  • 1991, c. 43, s. 4;
  • 2014, c. 6, s. 17.
 
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