Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Consent of hospital required for treatment

• 672.62 (1) No court shall make a disposition under section 672.58 without the consent of

  • (a) the person in charge of the hospital where the accused is to be treated; or

  • (b) the person to whom responsibility for the treatment of the accused is assigned by the court.

• Marginal note:Consent of accused not required for treatment

  (2) The court may direct that treatment of an accused be carried out pursuant to a disposition made under section 672.58 without the consent of the accused or a person who, according to the laws of the province where the disposition is made, is authorized to consent for the accused.

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.

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.

672.65 and 672.66 [No sections 672.65 and 672.66]

Dual Status Offenders

Marginal note:Where court imposes a sentence

• 672.67 (1) Where a court imposes a sentence of imprisonment on an offender who is, or thereby becomes, a dual status offender, that sentence takes precedence over any prior custodial disposition, pending any placement decision by the Review Board.

• 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.

Definition of Minister

• 672.68 (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.

Marginal note:Minister and Review Board entitled to access

• 672.69 (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.

Marginal note:Notice of discharge

• 672.7 (1) Where the Minister or the Review Board intends to discharge a dual status offender from custody, each shall give written notice to the other indicating the time, place and conditions of the discharge.

• Marginal note:Warrant of committal

  (2) A Review Board that makes a placement decision shall issue a warrant of committal of the accused, which may be in Form 50.

Marginal note:Detention to count as service of term

• 672.71 (1) Each day of detention of a dual status offender pursuant to a placement decision or a custodial disposition shall be treated as a day of service of the term of imprisonment, and the accused shall be deemed, for all purposes, to be lawfully confined in a prison.

• Marginal note:Disposition takes precedence over probation orders

  (2) When a dual status offender is convicted or discharged on the conditions set out in a probation order made under section 730 in respect of an offence but is not sentenced to a term of imprisonment, the custodial disposition in respect of the accused comes into force and, notwithstanding subsection 732.2(1), takes precedence over any probation order made in respect of the offence.

Appeals

Marginal note:Grounds for appeal

• 672.72 (1) Any party may appeal against a disposition made by a court or a Review Board, or a placement decision made by a Review Board, to the court of appeal of the province where the disposition or placement decision was made on any ground of appeal that raises a question of law or fact alone or of mixed law and fact.

• Marginal note:Limitation period for appeal

  (2) An appellant shall give notice of an appeal against a disposition or placement decision in the manner directed by the applicable rules of court within fifteen days after the day on which the appellant receives a copy of the placement decision or disposition and the reasons for it or within any further time that the court of appeal, or a judge of that court, may direct.

• Marginal note:Appeal to be heard expeditiously

  (3) The court of appeal shall hear an appeal against a disposition or placement decision in or out of the regular sessions of the court, as soon as practicable after the day on which the notice of appeal is given, within any period that may be fixed by the court of appeal, a judge of the court of appeal, or the rules of that court.

Marginal note:Appeal on the transcript

• 672.73 (1) An appeal against a disposition by a court or Review Board or placement decision by a Review Board shall be based on a transcript of the proceedings and any other evidence that the court of appeal finds necessary to admit in the interests of justice.

• Marginal note:Additional evidence

  (2) For the purpose of admitting additional evidence under this section, subsections 683(1) and (2) apply, with such modifications as the circumstances require.

Marginal note:Notice of appeal to be given to court or Review Board

• 672.74 (1) The clerk of the court of appeal, on receiving notice of an appeal against a disposition or placement decision, shall notify the court or Review Board that made the disposition.

• Marginal note:Transmission of records to court of appeal

  (2) On receipt of notification under subsection (1), the court or Review Board shall transmit to the court of appeal, before the time that the appeal is to be heard or within any time that the court of appeal or a judge of that court may direct,

  • (a) a copy of the disposition or placement decision;

  • (b) all exhibits filed with the court or Review Board or a copy of them; and

  • (c) all other material in its possession respecting the hearing.

• Marginal note:Record to be kept by court of appeal

  (3) The clerk of the court of appeal shall keep the material referred to in subsection (2) with the records of the court of appeal.

• Marginal note:Appellant to provide transcript of evidence

  (4) Unless it is contrary to an order of the court of appeal or any applicable rules of court, the appellant shall provide the court of appeal and the respondent with a transcript of any evidence taken before a court or Review Board by a stenographer or a sound recording apparatus, certified by the stenographer or in accordance with subsection 540(6), as the case may be.

• Marginal note:Saving

  (5) An appeal shall not be dismissed by the court of appeal by reason only that a person other than the appellant failed to comply with this section.

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:Application respecting dispositions under appeal

• 672.76 (1) Any party who gives notice to each of the other parties, within the time and in the manner prescribed, may apply to a judge of the court of appeal for an order under this section respecting a disposition or placement decision that is under appeal.

• Marginal note:Discretionary powers respecting suspension of dispositions

  (2) On receipt of an application made pursuant to subsection (1) a judge of the court of appeal may, if satisfied that the mental condition of the accused justifies it,

  • (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;

  • (b) by order, direct that the application of a placement decision or a disposition made under paragraph 672.54(b) or (c) be suspended pending the determination of the appeal;

  • (c) where the application of a disposition is suspended pursuant to section 672.75 or paragraph (b), make any other disposition in respect of the accused that is appropriate in the circumstances, other than a disposition under paragraph 672.54(a) or section 672.58, pending the determination of the appeal;

  • (d) where the application of a placement decision is suspended pursuant to an order made under paragraph (b), make any other placement decision that is appropriate in the circumstances, pending the determination of the appeal; and

  • (e) give any directions that the judge considers necessary for expediting the appeal.

• Marginal note:Copy of order to parties

  (3) A judge of the court of appeal who makes an order under this section shall send a copy of the order to each of the parties without delay.

Marginal note:Effect of suspension of disposition

672.77 Where the application of a disposition or placement decision appealed from is suspended, a disposition, or in the absence of a disposition any order for the interim release or detention of the accused, that was in effect immediately before the disposition or placement decision appealed from took effect, shall be in force pending the determination of the appeal, subject to any disposition made under paragraph 672.76(2)(c).