Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 672.45 — Hearing to be held by a court
Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of an accused, the court may of its own motion, and shall on application by…
Section 672.46 — Status quo pending Review Board hearing
If the court does not make a disposition in respect of the accused at a disposition hearing, any order for the detention of the accused or any release order, appearance notice, summons or undertaking…
Section 672.47 — Review Board to make disposition where court does not
Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered and the court makes no disposition in respect of an accused, the Review Board shall, as…
Section 672.48 — Review Board to determine fitness
Where a Review Board holds a hearing to make or review a disposition in respect of an accused who has been found unfit to stand trial, it shall determine whether in its opinion the accused is fit to…
Section 672.49 — Continued detention in hospital
In a disposition made pursuant to section 672.47 the Review Board or chairperson may require the accused to continue to be detained in a hospital until the court determines whether the accused is fit…
Section 672.5 — Procedure at disposition hearing
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…
Section 672.501 — Order restricting publication — sexual offences
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…
Section 672.51 — Definition of disposition information
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…
Section 672.52 — Record of proceedings
The court or Review Board shall cause a record of the proceedings of its disposition hearings to be kept, and include in the record any assessment report submitted. If a court holds a disposition…
Section 672.53 — Proceedings not invalid
Any procedural irregularity in relation to a disposition hearing does not affect the validity of the hearing unless it causes the accused substantial prejudice.
Section 672.54 — Dispositions that may be made
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,…
Section 672.5401 — Significant threat to safety of public
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…
Section 672.541 — Victim impact statement
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 at a hearing held under section 672.45, 672.47,…
Section 672.542 — Additional conditions — safety and security
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,…
Section 672.55 — Treatment not a condition
No disposition made under section 672.54 shall direct that any psychiatric or other treatment of the accused be carried out or that the accused submit to such treatment except that the disposition…
Section 672.56 — Delegated authority to vary restrictions on liberty of accused
A Review Board that makes a disposition in respect of an accused under paragraph 672.54(b) or (c) may delegate to the person in charge of the hospital authority to direct that the restrictions on the…
Section 672.57 — Warrant of committal
Where the court or Review Board makes a disposition under paragraph 672.54(c), it shall issue a warrant of committal of the accused, which may be in Form 49.
Section 672.58 — Treatment disposition
Where a verdict of unfit to stand trial is rendered and the court has not made a disposition under section 672.54 in respect of an accused, the court may, on application by the prosecutor, by order,…
Section 672.59 — Criteria for disposition
No disposition may be made under section 672.58 unless the court is satisfied, on the basis of the testimony of a medical practitioner, that a specific treatment should be administered to the accused…
Section 672.6 — Notice required
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. On receiving the notice referred to…
Section 672.61 — Exception
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…
Section 672.62 — Consent of hospital required for treatment
No court shall make a disposition under section 672.58 without the consent of the person in charge of the hospital where the accused is to be treated; or the person to whom responsibility for the…
Section 672.63 — 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…
Section 672.64 — Finding
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…
Section 672.65 and 672.66
[No sections 672.65 and 672.66]
Section 672.67 — Where court imposes a sentence
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…
Section 672.68 — Definition of Minister
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…
Section 672.69 — Minister and Review Board entitled to access
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…
Section 672.7 — Notice of discharge
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…
Section 672.71 — Detention to count as service of term
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…
Section 672.72 — Grounds for appeal
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…
Section 672.73 — Appeal on the transcript
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…
Section 672.74 — Notice of appeal to be given to court or Review Board
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. On receipt of…
Section 672.75 — Automatic suspension of certain dispositions
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.
Section 672.76 — Application respecting dispositions under appeal
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…
Section 672.77 — Effect of suspension of disposition
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…
Section 672.78 — Powers of court of appeal
The court of appeal may allow an appeal against a disposition or placement decision and set aside an order made by the court or Review Board, where the court of appeal is of the opinion that it is…
Section 672.79
[Repealed, 2005, c. 22, s. 26]
Section 672.8
[Repealed, 2005, c. 22, s. 26]
Section 672.81 — Mandatory review of dispositions
A Review Board shall hold a hearing not later than twelve months after making a disposition and every twelve months thereafter for as long as the disposition remains in force, to review any…
Section 672.82 — Discretionary review
A Review Board may hold a hearing to review any of its dispositions at any time, of its own motion or at the request of the accused or any other party. Where a Review Board holds a hearing under…
Section 672.83 — Disposition by Review Board
At a hearing held pursuant to section 672.81 or 672.82, the Review Board shall, except where a determination is made under subsection 672.48(1) that the accused is fit to stand trial, review the…
Section 672.84 — Review of finding — high-risk accused
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…
Section 672.85 — Bringing accused before Review Board
For the purpose of bringing the accused in respect of whom a hearing is to be held before the Review Board, including in circumstances in which the accused did not attend a previous hearing in…
Section 672.851 — Recommendation by Review Board
The Review Board may, of its own motion, make a recommendation to the court that has jurisdiction in respect of the offence charged against an accused found unfit to stand trial to hold an inquiry to…
Section 672.852 — Appeal
The Court of Appeal may allow an appeal against an order made under subsection 672.851(7) for a stay of proceedings, if the Court of Appeal is of the opinion that the order is unreasonable or cannot…
Section 672.86 — Interprovincial transfers
An accused who is detained in custody or directed to attend at a hospital pursuant to a disposition made by a court or Review Board under paragraph 672.54(c) or a court under section 672.58 may be…
Section 672.87 — Delivery and detention of accused
A warrant described in subsection 672.86(2) is sufficient authority for any person who is responsible for the custody of an accused to have the accused taken into custody and conveyed to the person…
Section 672.88 — Review Board of receiving province
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…
Section 672.89 — Other interprovincial transfers
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…