An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts (S.C. 2005, c. 22)
Full Document:
Assented to 2005-05-19
Marginal note:1999, c. 25, s. 12
21. Section 672.541 of the Act is replaced by the following:
Marginal note:Victim impact statement
672.541 When a verdict of not criminally responsible on account of mental disorder has been rendered in respect of an accused, the court or Review Board shall, at a hearing held under section 672.45, 672.47, 672.81 or 672.82, take into consideration any statement filed in accordance with subsection 672.5(14) in determining the appropriate disposition or conditions under section 672.54, to the extent that the statement is relevant to its consideration of the criteria set out in section 672.54.
Marginal note:1991, c. 43, s. 4
22. Subsection 672.55(2) of the Act is repealed.
Marginal note:1991, c. 43, s. 4
23. Section 672.63 of the Act is replaced by the following:
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.
24. The heading before section 672.64 and sections 672.64 to 672.66 of the Act, as enacted by section 4 of chapter 43 of the Statutes of Canada, 1991, are repealed.
Marginal note:1991, c. 43, s. 4; 1995, c. 22, s. 10 (Sch. I, s. 25)
25. Subsection 672.67(2) of the Act is replaced by the following:
Marginal note:Custodial disposition by court
(2) Where a court imposes a custodial disposition on an accused who is, or thereby becomes, a dual status offender, the disposition takes precedence over any prior sentence of imprisonment pending any placement decision by the Review Board.
Marginal note:1991, c. 43, s. 4
26. Sections 672.79 and 672.8 of the Act are repealed.
Marginal note:1991, c. 43, s. 4
27. (1) Subsection 672.81(1) of the French version of the Act is replaced by the following:
Marginal note:Révisions
672.81 (1) La commission d’examen qui a rendu une décision à l’égard d’un accusé tient une nouvelle audience au plus tard douze mois après la décision et à l’intérieur de chaque période de douze mois suivante tant que la décision rendue est en vigueur, à l’exception de la décision prononçant une libération inconditionnelle en vertu de l’alinéa 672.54a).
Marginal note:1991, c. 43, s. 4
(2) Subsection 672.81(2) of the Act is replaced by the following:
Marginal note:Extension on consent
(1.1) Despite subsection (1), the Review Board may extend the time for holding a hearing to a maximum of twenty-four months after the making or reviewing of a disposition if the accused is represented by counsel and the accused and the Attorney General consent to the extension.
Marginal note:Extension for serious personal violence offence
(1.2) Despite subsection (1), at the conclusion of a hearing under this section the Review Board may, after making a disposition, extend the time for holding a subsequent hearing under this section to a maximum of twenty-four months if
(a) the accused has been found not criminally responsible for a serious personal injury offence;
(b) the accused is subject to a disposition made under paragraph 672.54(c); and
(c) the Review Board is satisfied 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), that the condition of the accused is not likely to improve and that detention remains necessary for the period of the extension.
Definition of “serious personal injury offence”
(1.3) For the purposes of subsection (1.2), “serious personal injury offence” means
(a) an indictable offence involving
(i) the use or attempted use of violence against another person, or
(ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person; or
(b) an indictable offence referred to in section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 or an attempt to commit such an offence.
Marginal note:Notice
(1.4) If the Review Board extends the time for holding a hearing under subsection (1.2), it shall provide notice of the extension to the accused, the prosecutor and the person in charge of the hospital where the accused is detained.
Marginal note:Appeal
(1.5) A decision by the Review Board to extend the time for holding a hearing under subsection (1.2) is deemed to be a disposition for the purpose of sections 672.72 to 672.78.
Marginal note:Additional mandatory reviews in custody cases
(2) The Review Board shall hold a hearing to review any disposition made under paragraph 672.54(b) or (c) as soon as practicable after receiving notice that the person in charge of the place where the accused is detained or directed to attend requests the review.
Marginal note:Review in case of increase on restrictions on liberty
(2.1) The Review Board shall hold a hearing to review a decision to significantly increase the restrictions on the liberty of the accused, as soon as practicable after receiving the notice referred to in subsection 672.56(2).
Marginal note:1991, c. 43, s. 4
28. Subsection 672.82(1) of the Act is replaced by the following:
Marginal note:Discretionary review
672.82 (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:1997, c. 18, s. 90
29. Subsection 672.83(2) of the Act is repealed.
Marginal note:1991, c. 43, s. 4
30. Section 672.84 of the Act is repealed.
31. The Act is amended by adding the following before section 672.85:
Power to Compel Appearance
Marginal note:1991, c. 43, s. 4
32. (1) The portion of section 672.85 of the Act before paragraph (a) is replaced by the following:
Marginal note:Bringing accused before Review Board
672.85 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
Marginal note:1991, c. 43, s. 4
(2) Paragraph 672.85(b) of the Act is replaced by the following:
(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.
33. The Act is amended by adding the following after section 672.85:
Stay of Proceedings
Marginal note:Recommendation by Review Board
672.851 (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.
Marginal note:Appeal
672.852 (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.
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