Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-05-20 and last amended on 2013-03-27. Previous Versions

Marginal note:Notice required

  • 672.6 (1) The court shall not make a disposition under section 672.58 unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.

  • Marginal note:Challenge by accused

    (2) On receiving the notice referred to in subsection (1), the accused may challenge the application and adduce evidence for that purpose.

  • 1991, c. 43, s. 4;
  • 1997, c. 18, s. 87.
Marginal note:Exception

  • 672.61 (1) The court shall not direct, and no disposition made under section 672.58 shall include, the performance of psychosurgery or electro-convulsive therapy or any other prohibited treatment that is prescribed.

  • Marginal note:Definitions

    (2) In this section,

    “electro-convulsive therapy”

    « sismothérapie »

    “electro-convulsive therapy” means a procedure for the treatment of certain mental disorders that induces, by electrical stimulation of the brain, a series of generalized convulsions;

    “psychosurgery”

    « psychochirurgie »

    “psychosurgery” means any procedure that by direct or indirect access to the brain removes, destroys or interrupts the continuity of histologically normal brain tissue, or inserts indwelling electrodes for pulsed electrical stimulation for the purpose of altering behaviour or treating psychiatric illness, but does not include neurological procedures used to diagnose or treat intractable physical pain, organic brain conditions, or epilepsy, where any of those conditions is clearly demonstrable.

  • 1991, c. 43, s. 4.
Marginal note:Consent of hospital required for treatment

  • 672.62 (1) No court shall make a disposition under section 672.58 without the consent of

    • (a) the person in charge of the hospital where the accused is to be treated; or

    • (b) the person to whom responsibility for the treatment of the accused is assigned by the court.

  • Marginal note:Consent of accused not required for treatment

    (2) The court may direct that treatment of an accused be carried out pursuant to a disposition made under section 672.58 without the consent of the accused or a person who, according to the laws of the province where the disposition is made, is authorized to consent for the accused.

  • 1991, c. 43, s. 4.
Marginal note:Effective date of disposition

672.63 A disposition shall come into force on the day on which it is made or on any later day that the court or Review Board specifies in it, and shall remain in force until the Review Board holds a hearing to review the disposition and makes another disposition.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 23.
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