Not Criminally Responsible Reform Act (S.C. 2014, c. 6)
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Assented to 2014-04-11
Not Criminally Responsible Reform Act
S.C. 2014, c. 6
Assented to 2014-04-11
An Act to amend the Criminal Code and the National Defence Act (mental disorder)
SUMMARY
This enactment amends the mental disorder regime in the Criminal Code and the National Defence Act to specify that the paramount consideration in the decision-making process is the safety of the public and to create a scheme for finding that certain persons who have been found not criminally responsible on account of mental disorder are high-risk accused. It also enhances the involvement of victims in the regime and makes procedural and technical amendments.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Not Criminally Responsible Reform Act.
R.S., c. C-46CRIMINAL CODE
Marginal note:1991, c. 43, s. 4
2. (1) The definition “disposition” in subsection 672.1(1) of the Criminal Code is replaced by the following:
“disposition”
« décision »
“disposition” means an order made by a court or Review Board under section 672.54, an order made by a court under section 672.58 or a finding made by a court under subsection 672.64(1);
(2) Subsection 672.1(1) of the Act is amended by adding the following in alphabetical order:
“high-risk accused”
« accusé à haut risque »
“high-risk accused” means an accused who is found to be a high-risk accused by a court under subsection 672.64(1);
3. Section 672.11 of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(d.1) whether a finding that the accused is a high-risk accused should be revoked under subsection 672.84(3); or
4. Section 672.121 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) determine whether to refer to the court for review under subsection 672.84(1) a finding that an accused is a high-risk accused.
5. Subsection 672.21(3) of the Act is amended by adding the following after paragraph (b):
(c) determining, under section 672.84, whether to refer to the court for review a finding that an accused is a high-risk accused or whether to revoke such a finding;
Marginal note:1991, c. 43, s. 4; 2005, c. 22, par. 42(e)(F)
6. (1) Subsection 672.47(2) of the French version of the Act is replaced by the following:
Marginal note:Prolongation
(2) Le tribunal, s’il est convaincu qu’il existe des circonstances exceptionnelles le justifiant, peut prolonger le délai préalable à la tenue d’une audience visée au paragraphe (1) jusqu’à un maximum de quatre-vingt-dix jours après le prononcé du verdict.
(2) Section 672.47 of the Act is amended by adding the following after subsection (3):
Marginal note:Exception — high-risk accused
(4) Despite subsections (1) to (3), if the court makes a disposition under subsection 672.64(3), the Review Board shall, not later than 45 days after the day on which the disposition is made, hold a hearing and make a disposition under paragraph 672.54(c), subject to the restrictions set out in that subsection.
Marginal note:Extension of time for hearing
(5) If the court is satisfied that there are exceptional circumstances that warrant it, the court may extend the time for holding a hearing under subsection (4) to a maximum of 90 days after the day on which the disposition is made.
Marginal note:1991, c. 43, s. 4; 2005, c. 22, par. 42(g)(F)
7. (1) Subsection 672.5(1) of the Act is replaced by the following:
Marginal note:Procedure at disposition hearing
672.5 (1) A hearing held by a court or Review Board to make or review a disposition in respect of an accused, including a hearing referred to in subsection 672.84(1) or (3), shall be held in accordance with this section.
(2) Section 672.5 of the Act is amended by adding the following after subsection (5.1):
Marginal note:Notice of discharge and intended place of residence
(5.2) If the accused is discharged absolutely under paragraph 672.54(a) or conditionally under paragraph 672.54(b), a notice of the discharge and accused’s intended place of residence shall, at the victim’s request, be given to the victim within the time and in the manner fixed by the rules of the court or Review Board.
(3) Section 672.5 of the Act is amended by adding the following after subsection (13.2):
Marginal note:Notice to victims — referral of finding to court
(13.3) If the Review Board refers to the court for review under subsection 672.84(1) a finding that an accused is a high-risk accused, it shall notify every victim of the offence that they are entitled to file a statement with the court in accordance with subsection (14).
Marginal note:1999, c. 25, s. 11
(4) Subsection 672.5(14) of the French version of the Act is replaced by the following:
Marginal note:Déclaration de la victime
(14) La victime peut rédiger et déposer auprès du tribunal ou de la commission d’examen une déclaration écrite qui décrit les dommages — corporels ou autres — ou les pertes qui lui ont été causés par la perpétration de l’infraction.
Marginal note:2005, c. 22, s. 16(3)
(5) Subsections 672.5(15.2) to (16) of the Act are replaced by the following:
Marginal note:Inquiry by court or Review Board
(15.2) The court or Review Board shall, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of an offence and before making a disposition under section 672.45, 672.47 or 672.64, inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim has been advised of the opportunity to prepare a statement referred to in subsection (14).
Marginal note:Adjournment
(15.3) On application of the prosecutor or a victim or of its own motion, the court or Review Board may adjourn the hearing held under section 672.45, 672.47 or 672.64 to permit the victim to prepare a statement referred to in subsection (14) if the court or Review Board is satisfied that the adjournment would not interfere with the proper administration of justice.
Definition of “victim”
(16) In subsections (5.1), (5.2), (13.2), (13.3), (14) and (15.1) to (15.3), “victim” has the same meaning as in subsection 722(4).
Marginal note:1991, c. 43, s. 4
8. Subsection 672.51(1) of the Act is replaced by the following:
Definition of “disposition information”
672.51 (1) In this section, “disposition information” means all or part of an assessment report submitted to the court or Review Board and any other written information before the court or Review Board about the accused that is relevant to making or reviewing a disposition.
Marginal note:2005, c. 22, s. 20
9. The portion of section 672.54 of the Act before paragraph (a) is replaced by the following:
Marginal note:Dispositions that may be made
672.54 When a court or Review Board makes a disposition under subsection 672.45(2), section 672.47, subsection 672.64(3) or section 672.83 or 672.84, it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, make one of the following dispositions that is necessary and appropriate in the circumstances:
Marginal note:2005, c. 22, s. 21
10. Section 672.541 of the Act is replaced by the following:
Marginal note:Significant threat to safety of public
672.5401 For the purposes of section 672.54, a significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public — including any victim of or witness to the offence, or any person under the age of 18 years — resulting from conduct that is criminal in nature but not necessarily violent.
Marginal note:Victim impact statement
672.541 If a verdict of not criminally responsible on account of mental disorder has been rendered in respect of an accused, the court or Review Board shall
(a) at a hearing held under section 672.45, 672.47, 672.64, 672.81 or 672.82 or subsection 672.84(5), take into consideration any statement filed by a victim in accordance with subsection 672.5(14) in determining the appropriate disposition or conditions under section 672.54, to the extent that the statement is relevant to its consideration of the criteria set out in section 672.54;
(b) at a hearing held under section 672.64 or subsection 672.84(3), take into consideration any statement filed by a victim in accordance with subsection 672.5(14), to the extent that the statement is relevant to its consideration of the criteria set out in subsection 672.64(1) or 672.84(3), as the case may be, in deciding whether to find that the accused is a high-risk accused, or to revoke such a finding; and
(c) at a hearing held under section 672.81 or 672.82 in respect of a high-risk accused, take into consideration any statement filed by a victim in accordance with subsection 672.5(14) in determining whether to refer to the court for review the finding that the accused is a high-risk accused, to the extent that the statement is relevant to its consideration of the criteria set out in subsection 672.84(1).
Marginal note:Additional conditions — safety and security
672.542 When a court or Review Board holds a hearing referred to in section 672.5, the court or Review Board shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the disposition that the accused
(a) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the disposition, or refrain from going to any place specified in the disposition; or
(b) comply with any other condition specified in the disposition that the court or Review Board considers necessary to ensure the safety and security of those persons.
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