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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART XX.1Mental Disorder (continued)

Verdict of Not Criminally Responsible on Account of Mental Disorder (continued)

Marginal note:Effect of verdict of not criminally responsible on account of mental disorder

 Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but

  • (a) the accused may plead autrefois acquit in respect of any subsequent charge relating to that offence;

  • (b) any court may take the verdict into account in considering an application for judicial interim release or in considering what dispositions to make or sentence to impose for any other offence; and

  • (c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.

  • 1991, c. 43, s. 4
  • 2012, c. 1, ss. 145, 160

Marginal note:Verdict not a previous conviction

 A verdict of not criminally responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is provided by reason of previous convictions.

  • 1991, c. 43, s. 4

Marginal note:Definition of application for federal employment

  •  (1) In this section, application for federal employment means an application form relating to

    • (a) employment in any department, as defined in section 2 of the Financial Administration Act;

    • (b) employment by any Crown corporation as defined in subsection 83(1) of the Financial Administration Act;

    • (c) enrolment in the Canadian Forces; or

    • (d) employment in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • Marginal note:Application for federal employment

    (2) No application for federal employment shall contain any question that requires the applicant to disclose any charge or finding that the applicant committed an offence that resulted in a finding or a verdict of not criminally responsible on account of mental disorder if the applicant was discharged absolutely or is no longer subject to any disposition in respect of that offence.

  • Marginal note:Punishment

    (3) Any person who uses or authorizes the use of an application for federal employment that contravenes subsection (2) is guilty of an offence punishable on summary conviction.

  • 1991, c. 43, s. 4

Review Boards

Marginal note:Review Boards to be established

  •  (1) A Review Board shall be established or designated for each province to make or review dispositions concerning any accused in respect of whom a verdict of not criminally responsible by reason of mental disorder or unfit to stand trial is rendered, and shall consist of not fewer than five members appointed by the lieutenant governor in council of the province.

  • Marginal note:Treated as provincial Board

    (2) A Review Board shall be treated as having been established under the laws of the province.

  • Marginal note:Personal liability

    (3) No member of a Review Board is personally liable for any act done in good faith in the exercise of the member’s powers or the performance of the member’s duties and functions or for any default or neglect in good faith in the exercise of those powers or the performance of those duties and functions.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 83

Marginal note:Members of Review Board

 A Review Board must have at least one member who is entitled under the laws of a province to practise psychiatry and, where only one member is so entitled, at least one other member must have training and experience in the field of mental health, and be entitled under the laws of a province to practise medicine or psychology.

  • 1991, c. 43, s. 4

Marginal note:Chairperson of a Review Board

  •  (1) Subject to subsection (2), the chairperson of a Review Board shall be a judge of the Federal Court or of a superior, district or county court of a province, or a person who is qualified for appointment to, or has retired from, such a judicial office.

  • Marginal note:Transitional

    (2) Where the chairperson of a Review Board that was established before the coming into force of subsection (1) is not a judge or other person referred to therein, the chairperson may continue to act until the expiration of his or her term of office if at least one other member of the Review Board is a judge or other person referred to in subsection (1) or is a member of the bar of the province.

  • 1991, c. 43, s. 4

Marginal note:Quorum of Review Board

  •  (1) Subject to subsection (2), the quorum of a Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and any other member.

  • Marginal note:Transitional

    (2) Where the chairperson of a Review Board that was established before the coming into force of this section is not a judge or other person referred to in subsection 672.4(1), the quorum of the Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and a member who is a person referred to in that subsection or a member of the bar of the province.

  • 1991, c. 43, s. 4

Marginal note:Majority vote

 A decision of a majority of the members present and voting is the decision of a Review Board.

  • 1991, c. 43, s. 4

Marginal note:Powers of Review Boards

 At a hearing held by a Review Board to make a disposition or review a disposition in respect of an accused, the chairperson has all the powers that are conferred by sections 4 and 5 of the Inquiries Act on persons appointed as commissioners under Part I of that Act.

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

Marginal note:Rules of Review Board

  •  (1) A Review Board may, subject to the approval of the lieutenant governor in council of the province, make rules providing for the practice and procedure before the Review Board.

  • Marginal note:Application and publication of rules

    (2) The rules made by a Review Board under subsection (1) apply to any proceeding within its jurisdiction, and shall be published in the Canada Gazette.

  • Marginal note:Regulations

    (3) Notwithstanding anything in this section, the Governor in Council may make regulations to provide for the practice and procedure before Review Boards, in particular to make the rules of Review Boards uniform, and all regulations made under this subsection prevail over any rules made under subsection (1).

  • 1991, c. 43, s. 4

Disposition Hearings

Marginal note:Hearing to be held by a court

  •  (1) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of an accused, the court may of its own motion, and shall on application by the accused or the prosecutor, hold a disposition hearing.

  • Marginal note:Transmittal of transcript to Review Board

    (1.1) If the court does not hold a hearing under subsection (1), it shall send without delay, following the verdict, in original or copied form, any transcript of the court proceedings in respect of the accused, any other document or information related to the proceedings, and all exhibits filed with it, to the Review Board that has jurisdiction in respect of the matter, if the transcript, document, information or exhibits are in its possession.

  • Marginal note:Disposition to be made

    (2) At a disposition hearing, the court shall make a disposition in respect of the accused, if it is satisfied that it can readily do so and that a disposition should be made without delay.

  • 1991, c. 43, s. 4
  • 2005, c. 22, ss. 14, 42(F)

Marginal note:Status quo pending Review Board hearing

  •  (1) Where the court does not make a disposition in respect of the accused at a disposition hearing, any order for the interim release or detention of the accused or any appearance notice, promise to appear, summons, undertaking or recognizance in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.

  • Marginal note:Variation of order

    (2) Notwithstanding subsection (1), a court may, on cause being shown, vacate any order, appearance notice, promise to appear, summons, undertaking or recognizance referred to in that subsection and make any other order for the interim release or detention of the accused that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital pending a disposition by the Review Board in respect of the accused.

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