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:Discretionary review
  •  (1) A Review Board may hold a hearing to review any of its dispositions at any time, of its own motion or at the request of the accused or any other party.

  • Marginal note:Review Board to provide notice

    (1.1) Where a Review Board holds a hearing under subsection (1) of its own motion, it shall provide notice to the prosecutor, the accused and any other party.

  • Marginal note:Review cancels appeal

    (2) Where a party requests a review of a disposition under this section, the party is deemed to abandon any appeal against the disposition taken under section 672.72.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 28.
Marginal note:Disposition by Review Board
  •  (1) At a hearing held pursuant to section 672.81 or 672.82, the Review Board shall, except where a determination is made under subsection 672.48(1) that the accused is fit to stand trial, review the disposition made in respect of the accused and make any other disposition that the Review Board considers to be appropriate in the circumstances.

  • (2) [Repealed, 2005, c. 22, s. 29]

  • 1991, c. 43, s. 4;
  • 1997, c. 18, s. 90;
  • 2005, c. 22, ss. 29, 42(F).
Marginal note:Review of finding — high-risk accused
  •  (1) If a Review Board holds a hearing under section 672.81 or 672.82 in respect of a high-risk accused, it shall, on the basis of any relevant information, including disposition information as defined in subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(c), if it is satisfied that there is not a substantial likelihood that the accused  — whether found to be a high-risk accused under paragraph 672.64(1)(a) or (b)  —  will use violence that could endanger the life or safety of another person, refer the finding for review to the superior court of criminal jurisdiction.

  • Marginal note:Review of conditions

    (2) If the Review Board is not so satisfied, it shall review the conditions of detention imposed under paragraph 672.54(c), subject to the restrictions set out in subsection 672.64(3).

  • Marginal note:Review of finding by court

    (3) If the Review Board refers the finding to the superior court of criminal jurisdiction for review, the court shall, at the conclusion of a hearing, revoke the finding if the court is satisfied that there is not a substantial likelihood that the accused will use violence that could endanger the life or safety of another person, in which case the court or the Review Board shall make a disposition under any of paragraphs 672.54(a) to (c).

  • Marginal note:Hearing and disposition

    (4) Any disposition referred to in subsection (3) is subject to sections 672.45 to 672.47 as if the revocation is a verdict.

  • Marginal note:Review of conditions

    (5) If the court does not revoke the finding, it shall immediately send to the Review Board, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. The Review Board shall, as soon as practicable but not later than 45 days after the day on which the court decides not to revoke the finding, hold a hearing and review the conditions of detention imposed under paragraph 672.54(c), subject to the restrictions set out in subsection 672.64(3).

  • Marginal note:Appeal

    (6) A decision under subsection (1) about referring the finding to the court for review and a decision under subsection (3) about revoking the finding are deemed to be dispositions for the purpose of sections 672.72 to 672.78.

  • 1991, c. 43, s. 4;
  • 2005, c. 22, s. 30;
  • 2014, c. 6, s. 16.