Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-06-22 and last amended on 2015-06-18. Previous Versions

Marginal note:Delegated authority to vary restrictions on liberty of accused
  •  (1) A Review Board that makes a disposition in respect of an accused under paragraph 672.54(b) or (c) may delegate to the person in charge of the hospital authority to direct that the restrictions on the liberty of the accused be increased or decreased within any limits and subject to any conditions set out in that disposition, and any direction so made is deemed for the purposes of this Act to be a disposition made by the Review Board.

  • Marginal note:Exception — high-risk accused

    (1.1) If the accused is a high-risk accused, any direction is subject to the restrictions set out in subsection 672.64(3).

  • Marginal note:Notice to accused and Review Board of increase in restrictions

    (2) A person who increases the restrictions on the liberty of the accused significantly pursuant to authority delegated to the person by a Review Board shall

    • (a) make a record of the increased restrictions on the file of the accused; and

    • (b) give notice of the increase as soon as is practicable to the accused and, if the increased restrictions remain in force for a period exceeding seven days, to the Review Board.

  • 1991, c. 43, s. 4;
  • 2014, c. 6, s. 11.
Marginal note:Warrant of committal

 Where the court or Review Board makes a disposition under paragraph 672.54(c), it shall issue a warrant of committal of the accused, which may be in Form 49.

  • 1991, c. 43, s. 4.
Marginal note:Treatment disposition

 Where a verdict of unfit to stand trial is rendered and the court has not made a disposition under section 672.54 in respect of an accused, the court may, on application by the prosecutor, by order, direct that treatment of the accused be carried out for a specified period not exceeding sixty days, subject to such conditions as the court considers appropriate and, where the accused is not detained in custody, direct that the accused submit to that treatment by the person or at the hospital specified.

  • 1991, c. 43, s. 4.
Marginal note:Criteria for disposition
  •  (1) No disposition may be made under section 672.58 unless the court is satisfied, on the basis of the testimony of a medical practitioner, that a specific treatment should be administered to the accused for the purpose of making the accused fit to stand trial.

  • Marginal note:Evidence required

    (2) The testimony required by the court for the purposes of subsection (1) shall include a statement that the medical practitioner has made an assessment of the accused and is of the opinion, based on the grounds specified, that

    • (a) the accused, at the time of the assessment, was unfit to stand trial;

    • (b) the psychiatric treatment and any other related medical treatment specified by the medical practitioner will likely make the accused fit to stand trial within a period not exceeding sixty days and that without that treatment the accused is likely to remain unfit to stand trial;

    • (c) the risk of harm to the accused from the psychiatric and other related medical treatment specified is not disproportionate to the benefit anticipated to be derived from it; and

    • (d) the psychiatric and other related medical treatment specified is the least restrictive and least intrusive treatment that could, in the circumstances, be specified for the purpose referred to in subsection (1), considering the opinions referred to in paragraphs (b) and (c).

  • 1991, c. 43, s. 4.