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Not Criminally Responsible Reform Act (S.C. 2014, c. 6)

Assented to 2014-04-11

Marginal note:1991, c. 43, s. 4
  •  (1) Subsection 672.56(1) of the French version of the Act is replaced by the following:

    Marginal note:Délégation
    • 672.56 (1) La commission d’examen qui rend une décision à l’égard d’un accusé en vertu des alinéas 672.54b) ou c) peut déléguer au responsable de l’hôpital le pouvoir d’assouplir ou de resserrer les privations de liberté de l’accusé à l’intérieur des limites prévues par la décision et sous réserve des modalités de celle-ci; toute modification qu’ordonne ainsi cette personne est, pour l’application de la présente loi, réputée être une décision de la commission d’examen.

  • (2) Section 672.56 of the Act is amended by adding the following after subsection (1):

    • 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).

 The Act is amended by adding the following after section 672.63:

High-Risk Accused

Marginal note:Finding
  • 672.64 (1) On application made by the prosecutor before any disposition to discharge an accused absolutely, the court may, at the conclusion of a hearing, find the accused to be a high-risk accused if the accused has been found not criminally responsible on account of mental disorder for a serious personal injury offence, as defined in subsection 672.81(1.3), the accused was 18 years of age or more at the time of the commission of the offence and

    • (a) the court is satisfied that there is a substantial likelihood that the accused will use violence that could endanger the life or safety of another person; or

    • (b) the court is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person.

  • Marginal note:Factors to consider

    (2) In deciding whether to find that the accused is a high-risk accused, the court shall consider all relevant evidence, including

    • (a) the nature and circumstances of the offence;

    • (b) any pattern of repetitive behaviour of which the offence forms a part;

    • (c) the accused’s current mental condition;

    • (d) the past and expected course of the accused’s treatment, including the accused’s willingness to follow treatment; and

    • (e) the opinions of experts who have examined the accused.

  • Marginal note:Detention of high-risk accused

    (3) If the court finds the accused to be a high-risk accused, the court shall make a disposition under paragraph 672.54(c), but the accused’s detention must not be subject to any condition that would permit the accused to be absent from the hospital unless

    • (a) it is appropriate, in the opinion of the person in charge of the hospital, for the accused to be absent from the hospital for medical reasons or for any purpose that is necessary for the accused’s treatment, if the accused is escorted by a person who is authorized by the person in charge of the hospital; and

    • (b) a structured plan has been prepared to address any risk related to the accused’s absence and, as a result, that absence will not present an undue risk to the public.

  • Marginal note:Appeal

    (4) A decision not to find an accused to be a high-risk accused is deemed to be a disposition for the purpose of sections 672.72 to 672.78.

  • Marginal note:For greater certainty

    (5) For greater certainty, a finding that an accused is a high-risk accused is a disposition and sections 672.72 to 672.78 apply to it.

Marginal note:1991, c. 43, s. 4

 Section 672.75 of the Act is replaced by the following:

Marginal note:Automatic suspension of certain dispositions

672.75 The filing of a notice of appeal against a disposition made under section 672.58 suspends the application of the disposition pending the determination of the appeal.

Marginal note:1991, c. 43, s. 4

 Paragraph 672.76(2)(a) of the Act is replaced by the following:

  • (a) by order, direct that a disposition made under section 672.58 be carried out pending the determination of the appeal, despite section 672.75;

  • (a.1) by order, direct that a disposition made under paragraph 672.54(a) be suspended pending the determination of the appeal;

Marginal note:2005, c. 22, s. 27(2)

 Subsections 672.81(1.4) and (1.5) of the Act are replaced by the following:

  • Marginal note:Extension on consent — high-risk accused

    (1.31) Despite subsections (1) to (1.2), the Review Board may extend the time for holding a hearing in respect of a high-risk accused to a maximum of 36 months after making or reviewing a disposition if the accused is represented by counsel and the accused and the Attorney General consent to the extension.

  • Marginal note:Extension — no likely improvement

    (1.32) Despite subsections (1) to (1.2), at the conclusion of a hearing under subsection 672.47(4) or this section in respect of a high-risk accused, the Review Board may, after making a disposition, extend the time for holding a subsequent hearing under this section to a maximum of 36 months if the Review Board is satisfied 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), that the accused’s condition is not likely to improve and that detention remains necessary for the period of the extension.

  • Marginal note:Notice

    (1.4) If the Review Board extends the time for holding a hearing under subsection (1.2) or (1.32), 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) or (1.32) is deemed to be a disposition for the purpose of sections 672.72 to 672.78.

 The Act is amended by adding the following after section 672.83:

Marginal note:Review of finding — high-risk accused
  • 672.84 (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.

Marginal note:1991, c. 43, s. 4

 Subsection 672.88(1) of the Act is replaced by the following:

Marginal note:Review Board of receiving province
  • 672.88 (1) The Review Board of the prov-ince to which an accused is transferred under section 672.86 has exclusive jurisdiction over the accused, and may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.84 as if that Review Board had made the disposition in respect of the accused.

Marginal note:1991, c. 43, s. 4

 Subsection 672.89(1) of the Act is replaced by the following:

Marginal note:Other interprovincial transfers
  • 672.89 (1) If an accused who is detained in custody under a disposition made by a Review Board is transferred to another province otherwise than under section 672.86, the Review Board of the province from which the accused is transferred has exclusive jurisdiction over the accused and may continue to exercise the powers and shall continue to perform the duties mentioned in sections 672.5 and 672.81 to 672.84.

Marginal note:2005, c. 22, s. 40

 Form 48 in Part XXVIII of the Act is amended by replacing “pursuant to section 672.54 or 672.58 of the Criminal Code” with “under section 672.54, 672.58 or 672.64 of the Criminal Code or whether the court should, under subsection 672.84(3) of that Act, revoke a finding that the accused is a high-risk accused”.

Marginal note:2005, c. 22, s. 40

 Form 48.1 in Part XXVIII of the Act is amended by replacing “section 672.54 of the Criminal Code” with “section 672.54 of the Criminal Code or determine whether the Review Board should, under subsection 672.84(1) of that Act, refer to the superior court of criminal jurisdiction for review a finding that the accused is a high-risk accused”.

 
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