Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-11-16 and last amended on 2015-07-23. Previous Versions

Definition of “Minister”

  •  (1) In this section and in sections 672.69 and 672.7, “Minister” means the Minister of Public Safety and Emergency Preparedness or the Minister responsible for correctional services of the province to which a dual status offender may be sent pursuant to a sentence of imprisonment.

  • Marginal note:Placement decision by Review Board

    (2) On application by the Minister or of its own motion, where the Review Board is of the opinion that the place of custody of a dual status offender pursuant to a sentence or custodial disposition made by the court is inappropriate to meet the mental health needs of the offender or to safeguard the well-being of other persons, the Review Board shall, after giving the offender and the Minister reasonable notice, decide whether to place the offender in custody in a hospital or in a prison.

  • Marginal note:Idem

    (3) In making a placement decision, the Review Board shall take into consideration

    • (a) the need to protect the public from dangerous persons;

    • (b) the treatment needs of the offender and the availability of suitable treatment resources to address those needs;

    • (c) whether the offender would consent to or is a suitable candidate for treatment;

    • (d) any submissions made to the Review Board by the offender or any other party to the proceedings and any assessment report submitted in writing to the Review Board; and

    • (e) any other factors that the Review Board considers relevant.

  • Marginal note:Time for making placement decision

    (4) The Review Board shall make its placement decision as soon as practicable but not later than thirty days after receiving an application from, or giving notice to, the Minister under subsection (2), unless the Review Board and the Minister agree to a longer period not exceeding sixty days.

  • Marginal note:Effects of placement decision

    (5) Where the offender is detained in a prison pursuant to the placement decision of the Review Board, the Minister is responsible for the supervision and control of the offender.

  • 1991, c. 43, s. 4;
  • 2005, c. 10, s. 34.
Marginal note:Minister and Review Board entitled to access
  •  (1) The Minister and the Review Board are entitled to have access to any dual status offender in respect of whom a placement decision has been made, for the purpose of conducting a review of the sentence or disposition imposed.

  • Marginal note:Review of placement decisions

    (2) The Review Board shall hold a hearing as soon as is practicable to review a placement decision, on application by the Minister or the dual status offender who is the subject of the decision, where the Review Board is satisfied that a significant change in circumstances requires it.

  • Marginal note:Idem

    (3) The Review Board may of its own motion hold a hearing to review a placement decision after giving the Minister and the dual status offender who is subject to it reasonable notice.

  • Marginal note:Minister shall be a party

    (4) The Minister shall be a party in any proceedings relating to the placement of a dual status offender.

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