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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2021-06-28 and last amended on 2021-05-06. Previous Versions

PART XX.1Mental Disorder (continued)

Dispositions by a Court or Review Board (continued)

Terms of Dispositions (continued)

Marginal note:Notice required

  •  (1) The court shall not make a disposition under section 672.58 unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.

  • Marginal note:Challenge by accused

    (2) On receiving the notice referred to in subsection (1), the accused may challenge the application and adduce evidence for that purpose.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 87

Marginal note:Exception

  •  (1) The court shall not direct, and no disposition made under section 672.58 shall include, the performance of psychosurgery or electro-convulsive therapy or any other prohibited treatment that is prescribed.

  • Marginal note:Definitions

    (2) In this section,

    electro-convulsive therapy

    electro-convulsive therapy means a procedure for the treatment of certain mental disorders that induces, by electrical stimulation of the brain, a series of generalized convulsions; (sismothérapie)


    psychosurgery means any procedure that by direct or indirect access to the brain removes, destroys or interrupts the continuity of histologically normal brain tissue, or inserts indwelling electrodes for pulsed electrical stimulation for the purpose of altering behaviour or treating psychiatric illness, but does not include neurological procedures used to diagnose or treat intractable physical pain, organic brain conditions, or epilepsy, where any of those conditions is clearly demonstrable. (psychochirurgie)

  • 1991, c. 43, s. 4

Marginal note:Consent of hospital required for treatment

  •  (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.

  • 1991, c. 43, s. 4

Marginal note:Effective date of disposition

 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.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 23

High-Risk Accused

Marginal note:Finding

  •  (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.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 24
  • 2014, c. 6, s. 12

 [No sections 672.65 and 672.66]

Dual Status Offenders

Marginal note:Where court imposes a sentence

  •  (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.

  • 1991, c. 43, s. 4
  • 1995, c. 22, s. 10
  • 2005, c. 22, s. 25

Definition of Minister

  •  (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.

  • 1991, c. 43, s. 4
  • 2005, c. 10, s. 34
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