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An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts (S.C. 2005, c. 22)

Assented to 2005-05-19

CONSEQUENTIAL AMENDMENTS

R.S., c. N-5National Defence Act

Marginal note:1991, c. 43, s. 18

57. Paragraph 202.24(3)(c) of the Act is repealed.

Marginal note:1991, c. 43, s. 18; 1998, c. 35, s. 54

58. Sections 202.25 and 202.26 of the Act are replaced by the following:

Marginal note:Powers of Review Board

  • 202.25 (1) Review Boards and their chairpersons may exercise the powers and shall perform the duties assigned to them under the Criminal Code, with any modifications that the circumstances require and unless the context otherwise requires, in relation to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and in relation to dispositions made under section 201 or 202.16, except for the powers and duties referred to in sections 672.851 and 672.86 to 672.89 of the Criminal Code.

  • Marginal note:Application of paragraph 672.121(a) of Criminal Code

    (2) For the purpose of subsection (1), the reference to subsection 672.851(1) of the Criminal Code in paragraph 672.121(a) of that Act shall be read as a reference to subsection 202.121(1) of this Act.

Marginal note:Application of ss. 672.67 to 672.71 of Criminal Code to findings

202.26 Sections 672.67 to 672.71 of the Criminal Code apply, with any modifications that the circumstances require, to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and a reference in any of those sections to a Review Board is deemed to be a reference to the Review Board of the appropriate province.

59. Section 230.1 of the Act is amended by striking out the word “or” at the end of paragraph (f) and by adding the following after that paragraph:

  • (f.1) the legality of an order for a stay of proceedings made under subsection 202.121(7); or

60. The Act is amended by adding the following after section 240.3:

Marginal note:Appeal

  • 240.4 (1) The Court Martial Appeal Court may allow an appeal against an order made under subsection 202.121(7) for a stay of proceedings, if the Court Martial Appeal Court is of the opinion that the order is unreasonable or cannot be supported by the evidence.

  • Marginal note:Effect

    (2) If the Court Martial Appeal Court allows the appeal, it may set aside the order for a stay of proceedings and restore the finding that the accused person is unfit to stand trial and the disposition made in respect of the accused person.

Replacement of “audition” with “audience”

61. The French version of the Act is amended by replacing the words “audition” and “auditions” with the words “audience” and “audiences”, respectively, wherever they occur in the following provisions:

  • (a) subsection 200(2);

  • (b) subsection 202.12(1);

  • (c) subsection 202.15(1);

  • (d) subsection 202.22(1); and

  • (e) subsection 202.23(4).

1997, c. 9Nuclear Safety and Control Act

62. Section 124 of the Nuclear Safety and Control Act is repealed.

2002, c. 1Youth Criminal Justice Act

  • 63. (1) Subsection 141(1) of the Youth Criminal Justice Act is replaced by the following:

    Marginal note:Sections of Criminal Code applicable

    • 141. (1) Except to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings under this Act in relation to offences alleged to have been committed by young persons.

  • (2) Subsection 141(5) of the Act is repealed.

  • (3) Subsections 141(7) to (9) of the Act are repealed.

COORDINATING AMENDMENTS

Marginal note:An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Criminal Evidence Act

  • 64. (1) Subsections (2) and (3) apply if a bill entitled An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (the “other Act”), is introduced in the 1st Session of the 38th Parliament and receives royal assent.

  • (2) On the later of the coming into force of section 15 of the other Act and section 17 of this Act, subsection 672.501(1) of the Criminal Code is replaced by the following:

    Marginal note:Order restricting publication — sexual offences

    • 672.501 (1) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not crimi­nally responsible on account of mental disorder or unfit to stand trial for an offence referred to in subsection 486.4(1), the Review Board shall make an order directing that any information that could identify a victim, or a witness who is under the age of eighteen years, shall not be published in any document or broadcast or transmitted in any way.

  • (3) If either section 18 of this Act or section 22 of the other Act comes into force before the other, then the other is repealed on that coming into force.

COMING INTO FORCE

Marginal note:Order of Governor in Council

65. The provisions of this Act, other than section 64, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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